Value of Restricted Portion (current lien date)
Gross income (Fair rent) for farmhouse and barn
$2,000 per month x 12 months = $24,000
Less: Anticipated vacancy and collection loss
$24,000 x 5% - 1,200
Effective gross income $22,800
Less: Anticipated operating expenses
Grounds maintenance $600
Fire insurance 400
Management Fee 360
Water and garbage 240
Building maintenance + 500 - 2,100
Net Operating Income = $20,700
Restricted Capitalization Rate
Rate components:
Interest component .080
Risk (owner-occupied) .040
Property tax (ad valorem) .010
Amortization (50-year remaining life; improvements
constitute 70% of total property market value
0.02 x 0.70 = 0.014) + .014 .144
Restricted Value ($20,700 ÷ .144) = $143,750
Taxable Value—Three-Way Comparison
Total Property Restricted Value (sum of restricted value above and lower of FBYV or current market value of unrestricted portion)
Restricted Value (portion under contract) $143,750
FBYV (unrestricted portion) + $102,000
Restricted Value (total property) $245,750
Factored base year values (based upon a prior change in ownership of the entire property, allocated between restricted and unrestricted portions):
Farmhouse, barn, and 2 acres (restricted portion) $204,000 8 acres (unrestricted portion) + $102,000
Total FBYV (total property) $306,000
Attachment 4
Historical Property Valuation Examples Page 6
Current market values (based upon comparable sales data):
Farmhouse, barn, and 2 acres (restricted portion) $230,000 8 acres (unrestricted portion) + $120,000
Total Current Market Value (total property) $350,000
The lowest of the three values is the Restricted Value (total property), $245,750. Thus, the net taxable value would be $238,750 ($245,750 less $7,000 homeowners' exemption).
Attachment 4
Historical Property Valuation Examples Page 7
EXAMPLE 5 (PROPERTY IN NONRENEWAL STATUS)
Description of Subject Restricted Historical Property
The same property as in Example 2, except the property owner has served notice of renewal.
The Mills Act contract covering the property was originally executed in September 1995, and the owner served notice of nonrenewal in June 2004. Value the property for the 2005 lien date, reflecting its nonrenewal status. Assume that the property's restricted, current market, and factored base year values from Example 2, provided below, also refer to January 1, 2005.
Restricted value $14,547,619
Current market value $21,000,000
Factored base year value $18,191,077
Restricted Value in Nonrenewal Status
Value as if unrestricted (factored base year value) $18,191,077 Restricted value - 14,547,619
Difference $ 3,643,458
Present worth of difference
PW1 @ 6.00 %, 9 years (interest component for lien date 2005) x .591898 = $ 2,156,555
Plus restricted value + $14,547,619
Restricted value in nonrenewal status—lien date January 1, 2005 $16,704,174 Taxable Value
Since the restricted value in nonrenewal status, $16,704,174, is less than either the property's current market value or its factored base year value, this is the taxable value.
Attachment 4
APN
Property Owner
Historic Property
Name
Mills Act Contract
Effective Date Taxes (2023-2024) Taxes (2022-23) Taxes (2021-22) Taxes (2020-21) Taxes (2019-20) Taxes (2018-19) Taxes (2017-18) Taxes (2016-17) % Change from last year
of pre-contract to first
year of post-contract
$ Change from last year
of pre-contract to first
year of post-contract
Sale Date
010-191-005
Esperanza Carmel
Commercial, LLC
Sundial Lodge (now,
L'Auberge) 1/1/2023 $146,113.80 $143,248.84 $145,254.04 $72,522.94 $75,229.84 $72,775.50 $70,477.20 $69,511.30 N/A N/A 1/10/2020 010-193-010 Strom & Miller Enoch A. Lewis House 1/1/2023 $4,640.00 $18,205.36 $17,848.40 $17,665.40 $17, 319.02 $16, 979.46 $16, 646.52 $16, 320.14 -75% ($13,565.36) 12/17/2015 010-253-018 Ludwick Frederick Ten Winkel
House
1/1/2023 $3,850.00 $777.08 $691.88 $684.08 $669.30 $654.82 $640.62 $626.70 395% $3,072.92 12/3/2021 010-055-021 Prentiss-Mermer Marion Daniels Shand
House
1/1/2023 $3,520.00 $21,950.00 $9,371.42 $9,275.34 $9,093.48 $8,915.18 $8,740.38 $8,569.02 -84% ($18,430.00) 12/15/2021 010-286-015
Esperanza Carmel
Commercial, LLC
Colonial Terrace Inn
(now, Carmel Beach 1/1/2023 $61,108.44 $127,192.68 $124,698.72 $123,420.10 $78,983.00 $79,109.50 $79,207.40 $111,932.36 -52% ($66,084.24) 12/29/2019 010-232-030
David DiGirolamo &
Diana Morshead Albert Henry Hill House 1/1/2020 $5,120.00 $6,517.80 $6,390.00 $5,840.00 $16,268.58 $15,949.60 $15,636.88 $15,330.28 -64% ($10,428.58) 12/10/2015 010-039-007 Sandra J. Markowski Doll's House 1/1/2018 $3,040.00 $4,240.00 $3,930.00 $2,560.00 $2,400.00 $2,400.00 $5,673.23 $5,562.02 -58% ($3,273.23) 4/24/2017 010-154-005
Scott and Robbin
Lonergan
Lloyd C. Miller Cottage 1/1/2017 $3,200.00 $5,140.00 $5,020.00 $2,335.80 $2,252.44 $2,435.00 $3,302.40 $14,450.00 -77% ($11,147.60) 8/10/2015 010-115-006 Ken Rheaume Francis Whitaker
Cottage
1/1/2017 $2,400.00 $3,550.00 $3,460.00 $2,631.60 $2,335.86 $3,075.00 $3,926.24 $8,658.02 -55% ($4,731.78) 3/4/2016 010-165-044 / 010-165-015
Brad Slingerlend and
Anna Speers
Las Abuelas 1/1/2017 $6,800.00 $8,370.00 $7,500.00 $6,058.80 N/A $6,079.20 $33,048.00 $1,565.00 -82% ($26,968.80) APN 010-165-044 sold 08/30/2023. PRIOR APN
010-165-015 sold 05/12/016
010-164-001
The Sharon B.
Holtkamp and Kenneth Ross E. Bonham House 1/1/2017 $4,800.00 $6,250.00 $5,480.00 $2,740.00 $2,502.72 $3,400.00 $4,318.21 $796.72 -21% ($918.21) 2/10/2022 010-041-001 Charles Whittington Florence Lockwood
Studio/House 1/1/2015 $2,650.00 $4,394.00 $4,340.00 $1,690.00 $1,401.52 $2,028.78 $1,989.00 $1,950.00 N/A N/A 4/23/2013 009-164-008 Kim & Roy Sheingart Kathryn Waite House 1/1/2014 $3,840.00 $5,090.00 $4,860.00 $1,690.00 $1,226.32 $1,368.12 $1,341.30 $1,315.00 N/A N/A 12/22/1992 010-287-006 Buff LaGrange John Bathen House 1/1/2013 $4,210.00 $5,760.00 $5,620.00 $2,220.00 $1,431.64 $1,719.48 $1,684.40 $1,650.00 N/A N/A 12/3/2003 010-108-012 Stephanie Ager Kirz Curtain Call 1/1/2012 $4,830.00 $6,550.00 $4,860.00 $1,650.00 $1,251.36 $3,510.80 $3,441.98 $3,374.50 N/A N/A 11/19/2010 - Property Tax PRE Mills Act Contract
- Property Tax POST Mills Act Contract
- NOTE: This property sold the the year before a Mills Act Contract was went into effect.
Pre and Post Mills Act Contract Property Taxes by Property Address Tax Rate
Pre Mills Act
Tax Rate
Post Mills Act
Tax Rate
Post Mills Act
Schools
Pre Mills Act
Schools
Post Mills Act
Schools
Post Mills Act
City of Carmel
by the Sea
Pre Mills Act
City of Carmel
by the Sea
Post Mills Act
City of Carmel
by the Sea
Post Mills Act
Libraries
Pre Mills Act
Libraries
Post Mills Act
Libraries
Post Mills Act
Water
Resources
Pre Mills Act
Water
Resources
Post Mills Act
Water
Resources
Post Mills Act
Successor
Agencies
Pre Mills Act
Successor
Agencies
Post Mills Act
Successor
Agencies
Post Mills Act
Special
Districts
Pre Mills Act
Special
Districts
Post Mills Act
Special
Districts
Post Mills Act
Monterey
County
Pre Mills Act
Monterey
County
Post Mills Act
Monterey
County
Post Mills Act
Block and Lot 1% 1% Difference 60% 60% Difference 6% 6% Difference 1% 1% Difference 1% 1% Difference 9% 9% Difference 8% 8% Difference 15% 15% Difference Monte Verde 2 NE of 7th
Block 74, Lots 18, 20
L’Auberge Carmel
Monte Verde 2 NE of 9th
Block 94, Lot 18
SEC San Antonio & 4th
Block: HH, Lot 28
Vizcaino 12 SW of Mountain View
Block: 102, Lot 12 & 13
NEC 13th & San Antonio
Block: Y, Lot: 7, 9, 10, 12, 14, 16
Colonial Terrace Inn/Carmel Beach
Hotel & Spa
Lopez St 3 NW of 4th Ave
Block: LL, Lot: ¼ N. of 7 & 9
NWC Santa Rita & Ocean Ave
Block: 66, Lots: 2, 3, 4 (south part)
NEC Dolores St & 12th Ave
Block: 131, Lot: 14
Vista Ave, 2 NW of Mission Ave
Block: 4 ½, Lots: W. ½ of 17 & 19
NWC of Santa Lucia & San Carlos St
Block: 143, Lots: 31, 33 and 35
SWC San Carlos St & 12th Ave
Block: 137, Lot: 1
SWC Ocean & Forest Ave
Block: 83, Lot: 1
NEC Carpenter & 5th
Block: 2A, Lot: 14
2552 Santa Lucia Ave
Block: Z, Lots: east part 14 & 16
Junipero Ave, 2 NW of 3rd Ave
Block: 27 Lot: 15
TOTALS $412,185 $260,122 ($152,063) $ 150,324.70 $ 59,087.06 (91,237.63) $ 15,032.47 $ 5,908.71 (9,123.76) $ 2,505.41 $ 984.78 (1,520.63) $ 2,505.41 $ 984.78 (1,520.63) $ 22,548.70 $ 8,863.06 (13,685.64) $ 20,043.29 $ 7,878.28 (12,165.02) $ 37,581.17 $ 14,771.77 (22,809.41) *NOTE: For these properties, a "pre" and "post" analysis was not able to be completed. For property #1, the Mills Act Contract does not go into effect until 2024, so no "post" numbers are available. For properties #12-#15, the City was unable to obtain tax records prior to 2016 becausethey are not avaible to the public, so no "pre" numbers were available. $0
($13,565)
$3,073
($18,430)
($66,084)
($11,149)
$ -
$ 456.00
$ - 0.00
$ - 0.00
$ -
$ - 0.00
$ - 0.00
(1,085.23)
$ 308.00 245.83
$ 281.60 (1,474.40)
(236.99)
0.00 $ - 0.00
$ - 0.00
$ 1,020.00 (3,937.20)
$ 720.00 72.27
$ - 0.00
(394.98)
$ 480.00 (1,687.50)
$ 360.00 (938.70)
$ 528.00 (2,764.50)
$ 9,166.27 (9,912.64)
$ 768.00 (1,672.29)
0.00 $ 696.00 (2,034.80)
$ 577.50 460.94
$ 384.00 38.54
$ - 0.00
$ 256.00 (900.00)
$ 192.00 (500.64)
$ 544.00 (2,099.84)
$ 4,888.68 (5,286.74)
$ 409.60 (891.89)
$ 243.20 (210.66)
$ - 0.00
$ 371.20
$ 288.00 (1,012.50)
$ - 0.00
$ - 0.00
$ - 0.00
$ - 0.00
$ - 0.00
$ - 0.00
$ 216.00 (563.22)
$ 612.00 (2,362.32)
$ 432.00 43.36
$ - 0.00
$ 417.60 (1,220.88)
$ 346.50 276.56
$ 316.80 (1,658.70)
$ - 0.00
$ 24.00 (62.58)
$ 68.00 (262.48)
$ 48.00 4.82
$ 51.20 (111.49)
$ 30.40 (26.33)
$ 32.00 (112.50)
(5,947.58)
$ 460.80
$ - 0.00
$ 24.00 (62.58)
$ 68.00 (262.48)
$ 48.00 4.82
$ 51.20 (111.49)
$ - 0.00
$ 46.40 (135.65)
$ 38.50 30.73
$ 35.20 (184.30)
$ - 0.00
$ 32.00 (112.50)
(375.48)
(1,574.88)
28.91 0.00
0.00 0.00
184.38
(1,105.80)
(3,965.05)
(668.91)
(675.00)
$ - 0.00
$ 46.40 (135.65)
$ 38.50 30.73
$ 35.20 (184.30)
$ 611.08
$ 288.00
$ -
$ -
$ -
$ -
$ 278.40
$ 231.00
$ 211.20
$ 3,666.51
$ 307.20
$ 182.40
$ 192.00
(8,139.22)
1,843.75
(11,058.00)
(39,650.54)
(6,689.15)
(1,579.94)
$ - $ - $ -
$ -
$ - $ - $ -
$ 2,974.32
$ 86.58 $ 86.58 $ 779.22
$ 510.59
$ 162.69 $ 162.69 $ 1,464.17
$ 7.77 $ 7.77 $ 69.94
$187,786 $0 $0 $0 $ - $ - 0.00 $ - $ - 0.00 $ - 0.00 $ - $ - $ -
15.*
010-108-012 Stephanie Ager Kirz Curtain Call 2011066366 11/10/2011 11/18/2011 1/1/2012 1/1/2032 1/1/2013 1/1/2033 $315,284 $0 $0 $0 $ - $ - 0.00 $ - $ - $ - $ - $ -
14.* 010-287-006 Buff LaGrange John Bathen House 2012062739 10/3/2012 10/12/2012 8/6/2013 12/31/2013 1/1/2014 1/1/2034 $123,500 $0 $0 $0 $ - $ - $ -
13.* 009-164-008 Kim & Roy Sheingart Kathryn Waite House 2013078015 $45,250 $0 $0 $0 $ - $ - 0.00 $ -
$ - 0.00 $ - $ - $ - 0.00 $ - $ - $ -
$ 647.73
12.* 010-041-001 Charles Whittington Florence Lockwood
Studio/House 2014064199 12/8/2014 12/22/2014 1/1/2015 1/1/2035
11. 010-164-001 1/1/2017 1/1/2037 $257,200 $4,318 $4,800 $482 $ 2,590.93 $ 2,880.00 289.07 $ 259.09 $ 43.18 $ 43.18 $ 388.64 $ 345.46 The Sharon B.
Holtkamp and Kenneth
W. Holtkamp AB Living
Trust
Ross E. Bonham House 2016069519 11/4/2016 11/16/2016
11/4/2016 11/16/2016 1/1/2017 1/1/2037 $359,669 $33,048 $6,800 ($26,248) $ 19,828.80 $ 692.64 $ 1,298.70
10. 010-165-015
/ 010-165-
015
Brad Slingerlend and
Anna Speers
Las Abuelas 2016069520
$81,020 $8,658 $2,400 ($6,258) $ 5,194.81 $ 1,440.00 (3,754.81) $ 519.48 $ 4,080.00 (15,748.80) $ 1,982.88 $ 330.48 $ 330.48 $ 2,643.84 $ 4,957.20 $ 144.00
$ 408.00
$ 2,167.50
9. 010-115-006 Ken Rheaume Francis Whitaker
Cottage
2016069521 11/4/2016 11/16/2016 1/1/2017 1/1/2037
8. 010-154-005 1/1/2017 1/1/2037 $73,400 $14,450 $3,200 ($11,250) $ 8,670.00 $ 1,920.00 (6,750.00) $ 867.00 $ 144.50 $ 144.50 $ 1,300.50 $ 1,156.00 Scott and Robbin Lonergan
Lloyd C. Miller Cottage 2016069522 11/4/2016 11/16/2016 12/5/2017 12/7/2017 1/1/2018 1/1/2038 $183,450 $5,673 $3,040 ($2,633) $ 3,403.94 $ 1,301.49 $ 2,440.29
7. 010-039-007 Sandra J. Markowski Doll's House 2017067462 $1,471,272 $16,269 $5,120 $ 9,761.15 $ 3,072.00 $ 976.11 $ 1,824.00 $ 340.39 (157.99) $ 56.73 $ 30.40 (26.33) $ 56.73 $ 453.86 $ 850.98 (1,003.37)
$ 273.60
$ 19,078.90
6. 010-232-030
David DiGirolamo &
Diana Morshead Albert Henry Hill House 2020011244 11/4/2019 3/5/2020 1/1/2020 1/1/2040 1/1/2023 1/1/2043 $3,545,959 $127,193 $61,108 $ 76,315.61 $ 36,665.06 $ 7,631.56 $ 1,271.93 (660.84) $ 1,271.93 $ 611.08 (660.84) $ 11,447.34 $ 5,499.76 $ 10,175.41 $ 1,975.50 $ 1,756.00 $ 3,292.50
5. 010-286-015
Esperanza Carmel
Commercial, LLC Colonial Terrace Inn 2022050873 11/3/2022 12/2/2022 11/3/2022 12/2/2022 1/1/2023 1/1/2043 $526,000 $21,950 $3,520 $ 13,170.00 $ 2,112.00 $ 1,317.00 $ 219.50 $ 219.50 $ 116.56
4. 010-055-021 Prentiss-Mermer
Marion Daniels Shand
House
2022050875
3. 010-253-018 Ludwick $485,000 $777 $3,850 $ 466.25 $ 2,310.00 $ 46.62 Frederick Ten Winkel House
2022050876 11/16/2022 12/2/2022 1/1/2023 1/1/2043
1/1/2043 $182,450 $18,205 $4,640 $ 10,923.22 $ 2,784.00 $ 1,092.32 (813.92) $ 182.05 $ 182.05 $ 1,638.48 $ 1,456.43 $ 2,730.80 $ 62.17
$ - $ -
2. 010-193-010 Strom & Miller Enoch A. Lewis House 2022050874 11/3/2022 12/2/2022 1/1/2023 5/23/2023 1/1/2023 1/1/2043 $850,000 $0 $0 $ - $ - 0.00 $ - 0.00 $ - $ - $ -
1.*
010-191-005
Esperanza Carmel
Commercial, LLC Sundial Lodge 2023015553 4/4/2023
APN Property Owner
Historic Property
Name
Document #
Date of Council
Agreement
CITY OF CARMEL-BY-THE-SEA
APPROVED MILLS ACT CONTRACTS
FULL DISTRIBUTION OF 1% PROPERTY TAX REVENUE
2022-23 TAX YEAR WITH MILLS ACT ("Pre") vs. LAST TAX YEAR WITHOUT MILLS ACT ("Post") Date of
Recording
Effective
Date
Contract
Term
Restoration/Maintenance
Estimate (over 10 yrs)
TOTAL PROPERTY TAX COLLECTED
Attachment 6
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
November 7, 2023
ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Marnie R. Waffle, AICP, Principal Planner APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Level 2/Notable Home Incentive Program Proposal
RECOMMENDATION:
Receive the report and provide early policy direction to staff on whether to begin work on creating a “Notable Home Incentive Program.”
BACKGROUND/SUMMARY:
Executive Summary:
Historic Resources Board member Karyl Hall has proposed a Notable Home Incentive Program to save selected non-historic Carmel homes from demolition/exterior remodeling. The proposed program was discussed by the Historic Resources Board over the course of five Board meetings. In July, the Board voted to send the revised Notable Home Incentive Program to the City Council for review and direction.
The City Council is being asked if the Program has a ‘red light’ or ‘green light’ to proceed as a new project under the Community Planning & Building Department's work plan.
Background/Summary:
At the December 19, 2022, Historic Resources Board meeting, the Board requested a future agenda item to discuss a proposal prepared by Board member Karyl Hall to save selected non-historic Carmel homes from demolition/exterior remodeling.
At the January 23, 2023, meeting, the Board reviewed the proposal and directed staff to bring it to the City Council to consider the merits of adding the development of a Notable Homes Incentive Program to the Community Planning & Building Department’s work plan. Following the January Board meeting, Board member Hall felt it was prudent to clarify some key points of the proposal prior to the Council’s review and provided staff with a revised proposal for the Board's consideration at the March 20, 2023, meeting.
Additional revisions were discussed by the Board at the May 15th and June 19th meetings, with the Board recommending additional refinements at each meeting.
On July 17, 2023, the Historic Resources Board reviewed a final draft of the proposal and voted to send the revised Notable Home Incentive Program to the City Council for review and direction.
Through the Board’s review of the proposal, the name of the program evolved from Level 2 Proposal to Notable Home Incentive Program. Both terms refer to the same proposal.
The stated purpose of developing an incentive program to recognize notable Carmel homes is to further preserve Carmel’s unique residential architectural character by saving older homes that reflect that character but may not officially qualify as historical resources. To qualify as a historic resource, a property must meet specified criteria in the City’s Historic Preservation Ordinance (CMC Chapter 17.32). The criteria are based on state and national standards for the designation of historic resources. Homes that are not associated with an identified important person, have been altered, or do not reflect a defined architectural style, would not qualify under the national, state, or local criteria for listing as a historic resource. However, the home may reflect the vernacular architecture (general architectural style) of Carmel in the first half of the 20 th century.
The Notable Home Incentive Program is an effort to save homes that represent this architectural character but do not qualify as a historic resource. The Program proposes to incentivize the preservation of certain older homes by offering permit fee reductions and waived or reduced development standards (e.g., parking, setbacks, volume, etc.).
The Notable Homes Incentive Program proposal (Attachment 1) provides a basic framework for the identification and application of incentives for the City Council’s consideration. In keeping with past practice, the Council is being asked for early guidance about whether this policy should be further developed (“red light” or “green light”). If the Council is supportive of exploring such a Program, they could direct staff to add the project to the Community Planning & Building Work Program and identify whether it is a low, medium, or high priority. If the Council is not supportive at this time, they could direct staff and the Historic Resources Board to stop work on its development.
The Council could also provide additional direction, such as whether an ad-hoc committee should be formed to develop the Program, whether a pilot program should be considered to gauge interest in the Program, and/or whether the Program should be a City Council policy or a zoning code amendment, or to return at a later date for reconsideration.
FISCAL IMPACT:
Staff time associated with implementation of this concept.
PRIOR CITY COUNCIL ACTION:
None.
ATTACHMENTS:
Attachment 1) Level 2 Notable Home Incentive Program dated 7.10.23
NOTABLE HOME INCENTIVE PROGRAM
AN INCENTIVE PROGRAM FOR SELECTED NON-HISTORIC CARMEL HOMES PROPOSED FOR
DEMOLITION/EXTERIOR REMODELING
MISSION STATEMENT: To help preserve the unique residential architectural character of CarmelBy-The-Sea with an incentive program to save older homes that reflect that character.
The purpose of this proposal is to establish a new voluntary status for homes 70 years of age or older that do not qualify as “historic” but nevertheless are characteristic of our village in the forest, with the intent of protecting them from extensive alteration or demolition when possible. This designation would be less restrictive for the homeowner than the standard historic designation, both in qualifications and remodel requirements, should they choose to take advantage of the program. Incentives will be offered to encourage this “Notable Home” status.
IDEA STATEMENT: WHY WE NEED PROTECTIONS
Most Carmel homes of note do not qualify for historic status (see the criteria for historical register below, Table 1). This is for a variety of reasons, e.g., no record of who built it, the year built, etc. Many of these homes are being torn down, mostly to build larger structures to utilize the “highest and best use” for the owner/ investor.
This proposal is an incentive program to encourage homeowners to protect the special nature of Carmel-by-the-Sea. There is a range of architecture consistent with Carmel's character.
Yes, there is some “judgment” in determining which houses qualify for being designated Notable Homes. That is why we have knowledgeable staff and committees to ascertain these decisions. There will always be gray areas requiring judgment calls. However, as the current General Plan states, “conservation allows change and new construction as long as it is consistent with established character.” What is this established character? The General Plan defines it as follows: “In recognition of this close relationship between the natural and built environments, and perhaps intended to enhance this fit, many of the City's buildings have been designed with natural materials, pleasant open spaces and abundant landscaping with native plants. Carmel Stone, local granite, and the frequent use of wood in hand-carved doors, window frames, sills, moldings, roofing materials, and signs are all design features that contribute to the village character of the City. These form a contrast to the glass, steel, plastic, and featureless gray concrete so often found in other, more urban cities.
Attention to detail and emphasis on fine craftsmanship can be seen in the varied architecture of Carmel; local builders have embellished their work with detailing and individual style, which creates a unique and appealing building design. Most of Carmel-by-the-Sea's historic buildings exhibit myriad detailing, some of it intricate and some bold: surfaces are broken up by ridges, insets, decorative tiles, cavities, niches, and abrupt changes of material; textures exhibit a great Attachment 1
variety, from smooth-troweled plaster, brick, stone, rock or exposed aggregate to painted, carved or unfinished wood; corners often include bevels, bullnoses, cornices and moldings.”(2003 General Plan: “Land Use and Community Character: Architecture and Community Character”).
QUALIFYING CHARACTERISTICS FOR NOTABLE HOME PROTECTION
1. Homes typically built up through the 1940s (but generally restricted to 70 years of age or older). Among the most noteworthy to Carmel in this period was the design of “Storybook” cottages that drew upon references of “Cotswold houses.” The housing stock is generally considered old-world European, vernacular, or traditional styles.
2. Homes built by Murphy, Comstock, Denny and Watrous, Hill, Morgan, and others listed in the historic register that meet the characteristics above. However, a home is not required to have proof/knowledge of the builder or restricted to a listed builder/architect to qualify for Notable Home status.
3. Small homes—one and two bedrooms. Saving a small home does not preclude the possibility of adding on in the same vernacular if the addition is designed to be subservient to the original building, ideally hidden from street view if possible. The floor area ratio must still be no more than 45% of the lot.
The proposed Carmel city code changes are consistent with the Notable Home proposal (Proposed Zoning Code and Residential Design Guideline amendments, August 21, 2019).
Particularly relevant statements from the amendments regarding designs follow:
“…standards have been added requiring that (the home) be sensitive to neighborhood context, incorporate natural finish materials, use earth-toned colors, and consider using traditional roof forms such as gables.”
ELIMINATED “POSSIBLE CHARACTERISTICS SECTION”
The updated City Design Guidelines (draft) provide six overlying principles of acceptable designs that ALSO apply to Notable Homes:
1. PRESERVE,restore, and enhance the forest in all improvement projects: private, public, and otherwise.
2. SUBORDINATE every built structure to the character and continuity of the forest, natural environment, and the natural features of its own site.
3. FIT every built structure within its neighborhood context.
4. RETAIN and build upon Carmel’s architectural heritage.
Attachment 1
5. DESIGN every built structure with modesty.
6. DETAIL every property authentically and consistently.
TABLE 1: HISTORIC REQUIREMENTS FOR LEVEL 1 HOMES JUXTAPOSED WITH PROPOSED
REQUIREMENTS FOR NOTABLE HOMES
HISTORIC REQUIREMENTS (LEVEL 1) NOTABLE HOMES (LEVEL 2) A. Representative of at least one theme Same, needn’t be an exact included in the Historic Context representation
Statement.
B. Shall retain substantial integrity Not as restrictive, as long (association, feeling, setting, location, as the basic integrity of design, materials, and workmanship). the house is maintained
C. Fifty years of age and older, and should 70 years of age or older meet at least one of the four criteria for listing
in the CA Register at a national or statewide level of
significance or at a regional or local level of
significance:
1.Is associated with events that have made Not necessary a significant contribution to the broad
patterns of local or regional history or the
cultural heritage of CA or the U.S.,
2. Is associated with the lives of Not necessary
persons important to local, CA, or national
History,
3. Embodies the distinctive Same
characteristics of a type, period, region, or
method of construction, or represents the
work of a master, an important creative
individual, or possesses high artistic values, or
4. Has yielded, or has the potential to Not necessary
yield, information important to the prehistory
or history of the local area, CA, or the nation.
Attachment 1
D. To qualify for the Carmel Inventory, an historic
resource eligible under CA Register criteria no. 3
only, should:
1. Have been designed and/or constructed Not necessary
by an architect, designer/builder or contractor
whose work has contributed to the unique
sense of time and place recognized as
significant in the Historic Context
Statement,
2. Have been designed and/or Not necessary
constructed by a previously unrecognized
architect, designer/builder, or contractor
if there is substantial, factual evidence
that the one or more of the historic
contexts of the city to an extent
consistent with other architects, etc.
identified within the Historic Context
Statement,
3. Be a good example of an architectural style Not necessary or type of construction recognized as
significant in the Historic Context Statement,
or
4. Display a rare style or type for which Not necessary special consideration should be given. Rare
styles and types that contribute to Carmel’s
unique sense of time and place shall be deemed
significant.
E., F., and G. Not applicable.
H. A resource less than 50 years old may be Same, but 70 eligible if it is of exceptional importance to the years or older city, state, or nation, based on its unusually strong
contribution to history architecture, engineering, or
culture, or because it is an integral part of an
historic district.
NOTE: Only houses that reflect the established character of the village, as defined in the General Plan, but do not qualify as historic, are to be considered for Notable Home status.
Attachment 1
PROPOSED INCENTIVES FOR NOTABLE HOMES
The Notable Home designation could be a badge of honor, further enhancing the value of the residence if financial and/or code amendment incentives were provided. Indeed, incentives would be the motivation for participation in most cases. Possible incentives follow:
1. Allow additions to existing homes while keeping the original home intact, using the same style of construction as the original.
2. Reduced planning and permit fees once the Notable Home designation is assigned.
3. Leniency regarding the following:
• Flexibility in requirements for a home built before today’s codes existed (illegal nonconforming issues) • Parking requirementsrelaxed
• Basement allowed or expanded
• Setback requirements reduced
• Expeditious tree removal (if approved by the City Forester) • Volumetrics or bulk plane
• Allow variances for semi-permeable and impermeable landscaping site coverage • Drainage requirementsreduced
• Greater site coverage allowed
Note: These would be mechanisms for the city planners to apply site-specific criteria with which the Notable Home homeowner could work. Any non-financial incentive would possibly require code amendments.
STEPS TO ESTABLISH NOTABLE HOMES
1. A project would only be referred to the Historic Resources Board (HRB) by the city planning staff if the applicant elects to participate in the program and the checklist (Appendix A) indicates eligibility. The planning department staff would pass along to the HRB only cases for review for which the applicant desires to participate and that alter the exterior of the home.
This includes all homes for which permit applications for exterior remodels or demolition have been submitted that are not designated historic and are 70 or more years of age. Excluded are plans only for deck and patio additions/changes, landscaping changes, and roof or other repairs/replacement if replaced with like-kind materials (see Checklist, Appendix A).
2. Candidates identified who are interested in participating would have their homes reviewed by the Historic Resources Board (HRB). The HRB would then make the determination of qualification for a Notable Home designation, similar to the procedures for Level 1 (historic) homes. This could be completed via email with a 4-day turnaround. If a majority of the HRB approves, the city planner proceeds with incentive(s) appropriate to the property.
Attachment 1
3. If there is a majority “non-approval” by the HRB, staff would proceed as they have in the past, with “determination of ineligibility” established.
4. If a home is designated a Notable Home, the homeowner(s) could, if desired, meet with the HRB, to discuss their concerns/incentives with the designation and how it could impact their plans for the property. Otherwise, they would simply work with the planning department regarding incentives. The owner has the option of not accepting the designation before final plans are approved by the Design Review Board, Planning Department, or Planning Commission, whichever apply.
5. It becomes the responsibility of the Staff/Planning Commission to enforce restrictions for homes designated as a Notable Home, should the owner take advantage of the program.
Notable Home designation would exist through the property to new owners via city records, but not through deed restrictions. A new owner of an already designated Notable Home could retain the designation/incentives that had been originally applied but would not be able to utilize the designation for additional incentives, i.e., Notable Home incentives apply only once on a home. It is unlikely that a subsequent owner would demolish or extensively remodel a home that has a Notable Home qualified remodel or rebuild by the prior owner because they are already enjoying the benefits of the incentives and indeed might possibly lose prior incentives if rebuilding. Needless to say, designated historic homes do not qualify for incentives.
WAYS TO PROMOTE THE PROGRAM:
• The Notable Home program listed/described in the Design Guidelines, with a link to this document.
• Brochure for realtors, builders, and the public, at city hall – a method for notifying of the possibility of level two home designation.
• Slide show.
• City website list of examples of Notable Homes and requirements. kh: revised 7.10.23
Attachment 1
CHECKLIST: REQUIREMENTS FOR NOTABLE HOMES APPLIED BY PLANNING DEPARTMENT All five criteria must be met to qualify as a Notable Home:
A. Is seventy years of age or older.
B. Plans for renovations/remodeling must retain basic integrity (association, feeling, setting, location, design, materials, and/or workmanship).
C. Is representative of at least one traditional historic theme (needn’t be an exact representation).
D. Embodies the established character of a cottage in a village in the forest.
E. Renovations/remodel building plans involve changes beyond deck and patio additions, landscaping changes, and roof or other repairs or replacements in-kind. kh: revised 7.10.23
Attachment 1
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
November 7, 2023
PUBLIC HEARINGS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robert Harary, P.E, Director of Public Works APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Resolution 2023–103, selecting an Overhead to Underground Utility Conversion Project and establishing the Carmel Underground Utility District utilizing Rule 20A allocations
Recommendation: Adopt Resolution 2023–103 selecting an Overhead to Underground Utility Conversion Project Option #1 and/or Option #2, and establishing the Carmel Underground Utility District utilizing Rule 20A allocations.
RECOMMENDATION:
Adopt Resolution 2023–103 selecting an Overhead to Underground Utility Conversion Project Option #1 and/or Option #2, and establishing the Carmel Underground Utility District utilizing Rule 20A allocations.
BACKGROUND/SUMMARY:
In 1967, in response to local government interest in enhancing the aesthetics of their communities, the California Public Utilities Commission (CPUC) established electric tariff Rule 20. The Rule contains three separate programs that provide for undergrounding existing overhead utility lines. The rules established by the CPUC for electric utility companies are collectively known as Electric Rule 20. These include Rules 20A, 20B, and 20C. Each category of Electric Rule 20 addresses different funding mechanisms and qualifications for undergrounding existing overhead utility lines.
Electric Rule 20 Undergrounding Funding Options
A. Rule 20A: Municipal Projects
Rule 20A is the primary program for municipalities to underground utilities in built-up urban areas. Under Rule 20A, funding for undergrounding projects is primarily from ratepayer electric bills, so the projects must provide a benefit to the public at large.
To qualify, the governing body of the City must, among other things, determine, after consultation with Pacific Gas and Electric Company (PG&E), and after holding a Public Hearing on the subject, that undergrounding is in the public interest for one or more of the following reasons:
The street or road right-of-way adjoins or passes through a civic area or public recreation area or an area of unusual scenic interest to the general public. There is a high probability that the Del Mar parking area leading up to Carmel Beach, and the Mission Trail Nature Preserve would satisfy this requirement, although other areas, such as Forest Theatre, Sunset Center, City Hall, Scenic Drive, and/or Forest Hill Park may also qualify.
The street or road right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic. There is a high probability that portions of Ocean Avenue and the central commercial district would satisfy this requirement.
The street or road right-of-way is considered an arterial street or major collector as defined in the Governor’s Office of Planning and Research General Plan Guidelines. City streets that meet this requirement include Ocean Avenue, Carpenter Street, Junipero Street, Rio Road, San Antonio Avenue, San Carlos Street, and Santa Lucia Avenue.
Wheelchair access is limited or impeded in a manner that is not compliant with the Americans with Disabilities act. There is a high probability that streets within the City satisfy this requirement, but would have to be analyzed on a case-by-case bases.
The project eliminates an unusually heavy concentration of overhead electric facilities. There is a low probability that such a qualifying area exists in the City of Carmel (City).
It should be emphasized that Rule 20A was established to improve aesthetics at these qualifying locations.
The overall Rule 20A Program has not been successful as a majority of projects were only executed in large metropolitan areas, projects took years - and oftentimes decades - to implement, and numerous agencies, including the City (until now), did not benefit from the Program.
In recent years, and in large part based on devastating wildfires in California allegedly caused by electrical wires, the Rule 20A Program has been subject to significant criticism by communities requesting undergrounding for wildfire prevention. Further, credits have been rapidly reallocated from agencies without prior notice, including from the City, and without recourse. Over the past two years, the CPUC has been revising, and is now phasing out the entire Program, which will expire in 2033. This report will touch on some of these key issues as it relates to the City’s Rule 20A funding and proposed undergrounding project.
B. Rules 20B and 20C
Under Rule 20B, projects are typically installed in conjunction with a subdivision development, and the costs are borne by the project developer. The developer pays for the installation cost of the underground system, less a credit for an equivalent overhead system. Rule 20B would not apply to a built-out community such as Carmel-by-the-Sea.
Under Rule 20C, projects are usually small and involve just one or more property owners. The costs are almost entirely borne by the applicants. Undergrounding within the provisions of Rule 20C occurs when neither Rule 20A nor Rule 20B applies. Under Rule 20C, the applicants pay the entire cost of the electric undergrounding. There are such potential undergrounding projects being planned in the City, notably along San Antonio Avenue, between Second and Fourth Avenues, that may qualify under Rule 20C.
City of Carmel Rule 20A Funding
The City has limited Rule 20A community allocation credits to undertake any major utility undergrounding project. Municipalities historically accrued credits annually and received an annual notification each March. It is important to note work credits are not monies, but are credits as described in the Electric Rule 20 tariff.
One work credit is equivalent to one dollar. As the name implies, the credit discounts the cost of a Rule 20A undergrounding project. In other words, credits can be applied to pay the full or partial cost of a qualifying undergrounding project.
Reallocation of Credits
When a Rule 20A project requires additional work credits, credits from communities that are considered “inactive” can be reallocated to those communities who has a project with insufficient work credits to proceed into construction. This process is referred to as reallocation. Section A.1.c of the Electric Rule 20 Tariff states:
“When amounts are not expended or carried over for the community to which they are initially allocated, they shall be assigned when additional participation on a project is warranted or be reallocated to communities with active undergrounding programs.” In March 2021, for the first time in the City’s Rule 20A work credit program, PG&E notified the City that they reallocated $5,407 of the City’s credits to an under-funded, but active, undergrounding construction project for the City of Live Oak. The reallocation actually occurred seven months earlier, in August 2020. When staff inquired, we were informed that until the City has an “active” undergrounding project, the City’s Rule 20A credits are subject to further reallocations.
In October 2021, with staff’s recommendation, the City Council added the Underground Utilities Rule 20A Project to the Council’s Strategic Priorities list. Next, staff began researching the development of a district in accordance with the Rule 20A requirements, which, as noted below, have recently been significantly changed by the CPUC. Progress by staff was limited until the City's Project Manager came on board in February 2023.
In the March 2022 PG&E allocation notice, the City still had $986,646 in credits. However, in the March 2023 notice, we were notified that another $175,796 of the City’s credits had been reallocated to 14 other cities, mostly in the Bay area. The reallocations had already occurred in October 2022 and January 2023.
In recent preparation of this staff report, we reached out to PG&E’s Rule 20A liaison to find out if further reallocations had occurred since the last notification, and indeed it had. Another $143,211 was reallocated to eight other cities and counties across PG&E’s service territory in May and June 2023, again without prior notification to the City. As of today, the City’s Rule 20A allocation balance is down to $667,639 work credits.
Over the past year, PG&E’s liaison made it clear that the CPUC was changing the entire Rule 20 Program, that no further work credits are being allocated, and that credits may even expire in the year 2033. It appears that as the uncertainty of the changing rules was underway, PG&E unilaterally reallocated City credits, along with credits of numerous other inactive cities.
Recent Changes to Rule 20A Undergrounding Funding
California Public Utilities Commission Decision 21-06-013 discontinued authorization of new Rule 20A work credits for allocation after December 31, 2022. Additionally, municipalities are not permitted to borrow future work credits beyond 2022 work credit allocations. Unauthorized work credit trading is not permitted, except for intra-county donations of work credits from a county government to cities within the county or from a city to its county government, and pooling of work credits amongst two or more adjoining municipalities for a project with community benefit for the adjoining municipalities.
The CPUC has also temporarily halted the reallocation of credits by PG&E. The CPUC issued “Phase 2 Decision Revising Electric Rule 20 and Establishing Local and Tribal Government Consultation Requirements,” dated June 13, 2023, and included as Attachment 2. As a result, utility companies such as PG&E must file a Tier 2 advice letter to the CPUC to make a consolidated proposal for reallocations of Rule 20A credits within 18 months of the effective date of that decision. PG&E intends to file a Tier 2 advice letter to the CPUC in December 2024. In the interim PG&E cannot reallocate any community’s current work credits until such advice letter is submitted to the CPUC, thus temporarily freezing the current standing for communities such as Carmel-by-the-Sea. Thus, the City’s total work credit balance will remain at $667,639.
InAttachment 2, the CPUC provided the following key conclusions which may be applicable to the City’s project:
“The Commission should define Underserved Community as any city…that has not completed a Rule 20A project since 2004.
It is reasonable to discontinue the Rule 20A program.
Any Rule 20A work credit that has not been allocated to a community with an Active Rule 20A Project within two years of the effective date of this decision should be deemed expired.
Any Rule 20A work credit that has not been deducted from a community’s work credit balance by December 31, 2033 should be deemed expired.
Utilities should give communities the option to contribute financially to a Rule 20A project that has insufficient work credits for completion. Utilities should prioritize reallocation of work credits from inactive communities to Active Rule 20A Projects with insufficient work credits….
It is reasonable to not increase the number of Rule 20A work credits available for reallocation or otherwise increase ratepayer funding available for Rule 20A projects." Active Versus Inactive Projects
The CPUC further defined the definition of an “active” community in CPUC Resolution E-4971 as follows, “1. Formally adopts an undergrounding district ordinance which expires at completion of work within the district boundaries; or
2. Has started or completed construction of an undergrounding conversion project within the last 8 years, defined as 2011 or later; or
3. Has received Rule 20A allocations from the utility for only 5 years or fewer due to recent incorporation.”
Currently, the City does not meet this definition of “active” and is considered “inactive.” Of the three options to become “active” as described above, only Option 1 applies. Thus, it is prudent for the City to select an undergrounding conversion project and adopt a Resolution establishing an underground utility district so that the City will be “active.” Once the City is active, the remaining credits will be locked in.
Selecting an Overhead to Underground Conversion Project The first step to become an active community is to select a suitable undergrounding project. There were a number of possible undergrounding projects within the City, some discussed many years ago, that were considered. Public Works narrowed down these various options to the following two projects that appeared to be very strong candidates for Rule 20A funding and of a size that would be somewhat compatible with the available credits. These two options were previously introduced to Council, informally, and noted in prior Friday Letters.
The smallest qualifying project for Rule 20A must be a minimum 600 feet long. PG&E’s cost per foot guideline is approximately $500,000 for a 600-foot long project, or $833 per foot.
Options #1 and #2 are shown in Attachment 3. This attachment includes a preliminary Underground Utility District boundary map, an aerial photograph outlining the overhead utilities and poles to be relocated underground, and representative photographs of the poles and wires at these locations.
Option #1 is located in the Del Mar parking lot from the intersection of Ocean/San Antonio Avenues, west along the southern edge of the North Dunes Habitat Restoration Site, and approximately 800 feet to the end of the parking lot at the foot of the entrance onto Carmel Beach. At the time of construction, seven (7) property owners, most adjacent to the south edge of the parking lot, would need to convert to underground facilities. Ten power poles and associated overhead wires would ultimately be removed. A very rough initial cost estimate prepared by staff, in today’s dollars, is $700,000.
Option #2 is located within the Mission Trails Nature Preserve from the entrance gate at Eleventh Avenue, along the west side of the Willow Trail, extending south for approximately 1,100 feet. At the time of construction, eight (8) property owners on Ridgewood Road would need to convert to underground facilities. Nine power poles and associated overhead wires would ultimately be removed. A very rough initial cost estimate in today’s dollars, is $900,000.
Public Works submitted both options to PG&E for preliminary review. PG&E subsequently notified the City that both project options qualify as meeting the tariff criteria for a Rule 20A project.
Staff believes that both Options are viable, although staff suggests that Council select a project option following Public Hearing testimony.
Option #1 provides a greater advantage from a visual aesthetics perspective for a greater numbers of citizens and visitors to Carmel Beach and the North Dunes site. This aesthetic upgrade is fundamental to the genesis of the Rule 20A Program.
Option #2 would also improve aesthetics, but for fewer pedestrians walking along the Willow Trail.
However, Option #2 would have more benefit than Option #1 in reducing the potential risk of a fire because these overhead lines are in the heavily-wooded Mission Trail Nature Preserve. Roughly two years ago, when PG&E announced their major initiative to underground wires at PG&E's expense to prevent wildfires following the fires in the Town of Paradise, the City requested PG&E to underground this same segment of overhead wires along the Willow Trail as per Option #2. Councilmember Ferlito was instrumental in that request. Unfortunately, a year later, PG&E notified the City that undergrounding this site at their expense was denied, and in fact, no known lines were undergrounded in Monterey County to that point in time.
There are numerous factors that can significantly influence the cost of an undergrounding project, from location, number of utilities involved, other utilities existing below ground, environmental considerations, topography, and market cost of labor and materials at the time of future construction. As a result, it becomes extremely hard to develop an early budget estimates for any such project. Further, as the design commences by the utilities, there may be additional, or less, power poles that will be removed compared to the above estimates. Similarly, additional, or less, Property owners may be required to convert to underground connections once the design is developed.
Another key issue when selecting an Undergrounding Utility Conversion Project is the impact to Property Owners in the Underground District. Depending on the Project Option #1 and/or #2 selected by Council, seven or eight Property Owners would be required to convert their facilities on their private properties and entirely at their expense. Each Property Owner would need to design the conversion for each home or business from their overhead utility connections to be received via new, underground services. This process would include obtaining permits and approvals from PG&E, other utilities, and the City, installing new utility service panels, trenching across their properties, and installing conduits up to the City's right-ofway to accommodate underground electric power, cable television, telephone, and other communications services. As a result, on-site landscaping, fences, driveways, or other improvements may also need to be restored after the installations are made. Finally, the overhead wires to the private homes or businesses would be removed. The Building Department estimates that such a conversion could cost roughly $20,000 to $30,000, although each property's situation would be different and could be costlier.
In addition to the public notice for the Public Hearing on this matter and flyers sent to property owners within 300 feet of both underground district options, the City Administrator, Public Works Director, and Project Manager will be meeting with as many directly impacted Property owners as possible to briefly explain the proposed undergrounding conversion project and gage their potential interest, or opposition, to the project.
This feedback is not yet known at the time of this report, but will be included in staff's presentation on the project at the Public Hearing.
As noted above, an “Active” status will lock in the City’s current allocation of credits ($667,639). If, at a later date, the City decides to revise either of the Project options, or considers a different location altogether, it can do so without any repercussion as it would not jeopardize the Active status. However, significantly revising the selected project at a later date could result in further project delays, especially after design is commenced by the utilities.
Initiating an Underground Utility District
Per Carmel Municipal Code (CMC) Chapter 13.28, Underground Utilities, the City may establish an undergrounding district after holding a Public Hearing and adopting a Resolution. CMC Chapter 13.28 is included as Attachment 4. All property owners within the proposed underground district boundaries have been notified of this Public Hearing.
Once the City Council selects a preferred project option (or both project options), Public Works would formally initiate the project by submitting the Underground Utility District map showing the District boundaries, and project application materials to PG&E, telephone, and cable companies affected by the proposed project.
The Resolution in Attachment 1 is in a format provided by PG&E. The proposed Resolution states, among other matters:
1. That the public interest requires that all existing overhead communication and electric distribution facilities in such District be removed and placed underground;
2. That each property served from overhead facilities shall have installed, in accordance with PG&E's rules for underground service, electrical facility changes on the premises necessary to receive services from the underground facilities of PG&E as soon as it is available; and
3. That once the overhead facilities are converted to underground, PG&E is authorized to discontinue its overhead service and remove all aerial facilities and power poles.
Proposed Council Actions following the Public Hearing
At the November 7, 2023 meeting, Staff will provide a presentation outlining the Rule 20A funding process, describe the two undergrounding project options, and introduce the next steps from project application to PG&E through future construction.
Following Public Hearing testimony, Council will be asked to select Underground Utility Conversion Project Option #1, Option #2, or both. Alternatively, Council could direct staff to consider different options, or provide more information regarding any option for review at a subsequent Council meeting.
If a project option(s) is selected, Council will be requested to adopt Resolution 2023-103 which would formally select the Underground Utility Conversion Project(s) and establish the Carmel Underground Utility District. An immediate benefit to adopting the Resolution is to lock in the remaining Rule 20A credits, even if the selected Underground Utility District is modified in the future.
Resolution 2023-103 includes both underground district maps as an exhibit. If Council selects one of these options, only the selected option map would be included in the final Resolution.
Project Planning and Design
Once PG&E determines that the City’s Rule 20A Application is complete, their project team can initiate project planning. This is a multi-step process that includes developing an underground design, project plans, cost estimates, coordinating designs and schedules with the other utilities, and with the City. Project design also involves coordination with multiple utilities, regulatory agencies, and affected Property Owners.
The preliminary design will confirm that the underground district boundary shown in Attachment 3 is adequate for removal of the overhead facilities and is of adequate size and configuration to accommodate the new, underground facilities. Otherwise, the district boundaries may need to be adjusted by the City at that time.
Issues that could slow the planning and design phases include: obtaining environmental clearances and regulatory permits, securing easements if required, space constraints in the public right-of-way, tree impacts, parking lot or trail access restrictions, future funding arrangements with the City, and/or legal challenges.
The City should utilize all available work credits to pay for this project. However, if the City elects to move forward with a Rule 20A Project without having sufficient work credits to cover the full cost of the project, as is currently anticipated, a community fund would have to be pre-arranged to cover the work credit shortfall.
Since the cost of the underground conversion will not be known until a design is established, it is premature to lock in an amount or funding source for the anticipated shortfall at this time.
Project Construction
Project construction by the utilities involves constructing underground utility vaults and various junction boxes, excavating and placing conduits for underground joint trenches, and pulling utility cables through the joint trench conduits.
As noted above, the Property Owners in the District must also convert their overhead service connections to receive the utility services via underground conduits installed on their private properties at their expense. Once all the underground infrastructure, both in the public right-of-way and on the private properties are in place, the overhead utility wires and power poles can be removed.
Recently, PG&E stated that new Rule 20A projects are still taking up to 10 years to complete from the initial planning application to pole removal. This is not unusual as other local agencies have experienced the same timelines or longer.
Pros and Cons of Utility Undergrounding
While utility undergrounding has a number of benefits, there are some drawbacks that should be considered when establishing an undergrounding project.
Benefits include:
Aesthetics: Better appearance of neighborhoods with power poles and lines removed from view.
Reliability: Fewer power outages as underground power lines are not susceptible to high winds or falling trees and branches.
Safety: Hazards of overhead power lines are eliminated, notably those that could spark fires, which provides improved safety for the community and utility workers.
Resilience: Better resilience of the utility network to climate change, including impacts of stronger storms and temperature fluctuations.
Durability: Underground systems have a longer useful life than overhead systems.
Drawbacks include:
Cost: Installing underground utilities costs on average 10 times more to plan and install than overhead utilities for the same voltage and distance. The cost can range from 4 to 14 times more than overhead facilities.
Water infiltration: Underground lines must be protected by waterproof conduit as they are susceptible to shortages from groundwater infiltration.
Ease of Repair: When an outage occurs, locating the damaged area underground s more difficult and may take longer to repair. Replacing underground power lines is also more time-consuming.
Utility conflicts: There are other utilities underground, including gas, sewer, water, and stormwater drainage systems which limit the available space for undergrounding power and communications lines This will be of particular concern along Carmel’s narrow residential streets for future, larger-scale projects.
Sidewalk hazards: More utility vaults and pedestals in the sidewalks or trails could potentially lead to falls.
Flexibility: once a utility is undergrounded, power load changes can only be accommodated when the line is replaced.
Local Underground Projects
As of December 2022, there were 10 active undergrounding projects in Monterey County, with four located on the Monterey Peninsula, three in the Salinas Valley, and three in Monterey County. Of these 10 projects, nine were in the initial “planning phase,” which includes obtaining agreements, determining initial costs, and preparing for engineering, and only one was in construction.
A summary of three representative projects is provided below.
1. Moss Landing, County of Monterey: This is the only active project in Monterey County that has entered the construction phase. This project was initiated in 2001 and entails utility undergrounding in the commercial area. AT&T is the project lead, and the project cost was $6M.
2. Reservation Road, City of Marina: Utility undergrounding is in the planning phase along a portion of Reservation Road. The anticipated cost is $3.1M.
3. Carmel Valley Road, County of Monterey: This undergrounding district was established in 2013 and extends seven miles from Oak Meadow Lane near Garland Ranch State Park to Pilot Road in Carmel Valley Village. The project is also in the planning phase and has an anticipated cost of $19.3M.
Larger Scale or Citywide Underground Considerations
At the Strategic Priority Workshop of August 30, 2023 and as confirmed at the October 3, 2023 meeting, the City Council directed staff to pursue a larger-scale undergrounding project(s) separate from this onetime Rule 20A Project as a separate Strategic Priority.
Applying the same cost factor recently provided by PG&E of $500,000 for every 600 feet for undergrounding, and noting the City has 27 centerline road miles (142,560 lineal feet), a rough estimate, in today’s dollars, of converting the City at large to underground would be $120 million.
Environmental Determination
The City has determined that establishing the Overhead to Underground Utility Conversion Project and the Carmel Underground Utility District are exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) California Public Resources Code Section 21000, et seq., pursuant to Section 15061(b)(3) of the CEQA Guidelines, covering activities with no possibility of having a significant effect on the environment, and that establishing the Overhead to Underground Utility Conversion Project and the Carmel Underground Utility District do not directly or indirectly authorize or approve any actual changes in the physical environment.
FISCAL IMPACT:
Funding for an underground utility conversion project using Rule 20A credits from PG&E is described above. The City’s work credit balance is $667,639.
There is no fiscal impact to the City at this time. Should the credits be insufficient to fund the Underground Utility Conversion Project(s) selected by the City Council, as currently anticipated, City funds will need to be identified and secured at that time. It may be years until such time as a cost estimate is determined by PG&E.
PRIOR CITY COUNCIL ACTION:
In October 2021, the Rule 20A Undergrounding Project was included in the City Council’s list of Strategic Priorities. Updates on the status of this project was provided in subsequent Council workshops and meetings regarding the Strategic Priorities.
ATTACHMENTS:
Attachment 1) Resolution 2023-103
Attachment 2) CPUC Decision, June 13, 2023
Attachment 3) Underground Conversion Project Options #1 and #2 Attachment 4) CMC Chapter 13.28, Underground Utilities
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
SELECTING AN OVERHEAD TO UNDERGROUND UTILITY CONVERSION
PROJECT AND ESTABLISHING THE CARMEL UNDERGROUND UTILITY DISTRICT UTILIZING RULE 20A ALLOCATIONS
WHEREAS, the California Public Utilities Commission (CPUC) has authorized electric and telecommunication utilities to convert overhead utility lines and facilities to underground pursuant to Electric Rule 20 and Telecommunication Rule 32; and WHEREAS, pursuant to certain criteria, CPUC rules allow participating cities and counties to establish legislation authorizing the creation of underground utility districts within which existing overhead electric distribution and telecommunication distribution and service facilities will be converted to underground; and WHEREAS, the City of Carmel-by-the-Sea (City) has adopted an Underground Utility Ordinance, Chapter 13.28 of the Carmel Municipal Code authorizing the City Council to designate areas within which all existing overhead poles, overhead wires and overhead equipment associated with the distribution of electric power, telecommunication services and cable television should be removed and replaced with underground wires and facilities; and
WHEREAS, the Director of Public Works for the City has consulted with the affected public utilities and such utilities have agreed that the proposed underground conversion district, designated the Carmel Underground Utility District and more particularly described in Exhibit 1 attached hereto and incorporated herein by reference, meets the criteria established by the rules of the CPUC, to wit, • that such undergrounding will avoid or eliminate an unusually heavy concentration of overhead electric facilities, and/or
• that the street or road right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic, and/or • that the street or road right-of-way adjoins or passes through a civic area or public recreation area or an area of unusual scenic interest to the general public, and/or
• that the street or road right-of-way is considered an arterial street or major collector as defined in the Governor’s Office of Planning and Research General Plan Guidelines; and
WHEREAS, each year the City is notified by PG&E regarding the allocation of work credits for conversion of overhead electric distribution lines and facilities to underground, known as Rule 20A allocations; and
Attachment 1
Resolution 2023-103
WHEREAS, the City and the affected utilities have agreed that each utility shall complete the engineering of their respective portion of the City’s Overhead to Underground Utility Conversion Project; and
WHEREAS, the City and the affected utilities have agreed that PG&E shall be responsible for preparation of the trench profile and composite drawings, and that PG&E shall be designated as “trench lead” to manage trenching, installation of substructures, and pavement restoration and such other work; and
WHEREAS the Director of Public Works of the City and the affected utilities have agreed on a work schedule which meets their respective capabilities and further agreed to waive any administrative fees, costs or special street restoration requirements for purposes of this project; and
WHEREAS, to the extent required, the City has agreed to provide easements or rights of way on private property as may be necessary for installation of utility facilities in a form satisfactory to the affected utilities; and
WHEREAS, the City Council of the City has now received the report from the Director of Public Works recommending that the area identified in Exhibit 1 should be designated as an underground utility district within which all existing overhead poles, overhead wires and overhead equipment associated with the distribution of electric power, telecommunication services and cable television should be removed and replaced with underground wires and facilities; and
WHEREAS, the City has determined that establishing the Overhead to Underground Utility Conversion Project and the Carmel Underground Utility District are exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) California Public Resources Code Section 21000, et seq., pursuant to Section 15061(b)(3) of the CEQA Guidelines, covering activities with no possibility of having a significant effect on the environment, and that establishing the Overhead to Underground Utility Conversion Project and the Carmel Underground Utility District do not directly or indirectly authorize or approve any actual changes in the physical environment; and
WHEREAS, the City has notified all affected property owners within the proposed Carmel Underground Utility District and inviting same to attend a Public Hearing to discuss formation of the proposed district; and
WHEREAS, the City Council of the City held a Public Hearing at which time the Council did receive and consider the recommendation of the Director of Public Works and did hear any and all objections or protests that were raised by the owners of property within the above described district pertaining to designating this area an underground utility district.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA THAT:
Section 1. The public interest requires the removal of all existing utility poles [excepting those poles supporting safety lights], overhead wires and associated Attachment 1
Resolution 2023-103
overhead structures and installation of underground wires and facilities for supplying electric power, communication, or similar associated services within the areas as shown in Exhibit 1, attached hereto, with such area being designated as the Carmel Underground Utility District.
Section 2, That the utility companies, cable television services and other affected services shall commence work on installation of underground facility installation in the Carmel Underground Utility District and that as each phase of the project is complete and ready for conversion from overhead to underground utility facilities, all fronting property owners shall be notified by first class letter, postage pre-paid, of the schedule for conversion of all utility service lines.
Section 3, The electric utility shall not use the underground conversion allocation computed pursuant to decisions of the California Public Utilities Commission for the purpose of providing to each premises requiring it in the Carmel Underground Utility District a maximum of one hundred feet of individual electric service trenching and conductor (as well as backfill, paving and conduit, if required) and each other serving utility shall provide service trenching and conductor in accordance with its rules and tariffs on file with the California Public Utilities Commission or as required by its Franchise Agreement with the City.
Section 4. The electric utility shall not use said underground conversion allowance allocation, up to a maximum amount of $1,500 per service entrance excluding permit fees, for the conversion of electric service panels to accept underground service in the Carmel Underground Utility District, and each property owner shall be financially responsible for any and all costs not covered by the electric utility for the installation and maintenance of the conduit and termination box located on, under or within any structure on the premises served.
Section 5. That upon notification as specified in Section 2, all property owners in the Carmel Underground Utility District shall have underground electrical entrance facilities installed and inspected pursuant to the City’s Electrical Code within sixty (60) days and that should any property owner fail to install satisfactory underground electrical entrance facilities by the date specified in the notice, the electric utility shall notify the Director of Public Works who shall, within thirty (30) days direct the electric utility in writing to discontinue electrical service to the property, without recourse, pursuant to Rule 11 until electrical entrance facilities are ready to accept underground electrical conductors and have passed the necessary inspection requirements.
Section 6. That once all services have been converted from overhead to underground, the utility companies, cable television services and other affected services shall remove all poles (except as specified above) and associated overhead facilities in the Carmel Underground Utility District.
Attachment 1
Resolution 2023-103
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THESEA this 7th day of November, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
________________________ ___________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment: Exhibit A
Attachment 1
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. EXHIBIT A
PAGE 2 OF 2
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511130681 - 1 -
COM/ARD/mef Date of Issuance: 6/13/2023
Decision D.23-06-008 June 8, 2023
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Order Instituting Rulemaking to
Consider Revisions to Electric Rule 20
and Related Matters. Rulemaking 17-05-010
PHASE 2 DECISION REVISING ELECTRIC RULE 20 AND ESTABLISHING
LOCAL AND TRIBAL GOVERNMENT CONSULTATION REQUIREMENTS
Attachment 2
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TABLE OF CONTENTS
Title Page
PHASE 2 DECISION REVISING ELECTRIC RULE 20 AND ESTABLISHING
LOCAL AND TRIBAL GOVERNMENT CONSULTATION REQUIREMENTS
.......................................................................................................................................1 Summary............................................................................................................................2
1. Background.................................................................................................................3
2. Issues Before the Commission..................................................................................5
3. Wildfire-Related Undergrounding Investments by Ratepayers ........................5
3.1. Whether to Add Rule 20A Project Eligibility Criteria for Wildfire-Related Undergrounding..................................................................................................9
3.2. Whether to Enhance Engagement with Local Governments and Tribal Jurisdictions to Inform Utility Investments in Undergrounding for Wildfire Safety, Resilience, or Emergency-Related Purposes .....................11
3.3. Whether to Modify or Discontinue the Rule 20D Program........................13
4. Equity and Environmental and Social Justice......................................................16
5. Active Rule 20A Projects with Insufficient Work Credits .................................22
5.1. Reallocation of Rule 20A Work Credits .........................................................23
5.2. Community Contributions to Rule 20A Projects .........................................26
6. Summary of Public Comment................................................................................28
7. Comments on Proposed Decision..........................................................................28
8. Assignment of Proceeding......................................................................................31 Findings of Fact...............................................................................................................31 Conclusions of Law ........................................................................................................32 ORDER .............................................................................................................................35 Attachment A: ...................................................................................................................1 Attachment A - Required Information Regarding Proposed Projects for Reallocation of Rule 20A Work Credits
Attachment 2
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PHASE 2 DECISION REVISING ELECTRIC RULE 20 AND ESTABLISHING
LOCAL AND TRIBAL GOVERNMENT CONSULTATION REQUIREMENTS
Summary
Electric Rule 20 (Rule 20) defines policies and procedures for investorowned utilities to convert overhead power lines and other equipment to underground electric facilities at the request of a city, county, or private applicant.
This Phase 2 decision discontinues Rule 20A and Rule 20D to prevent ratepayers from funding inefficient and inequitable infrastructure investments.
Rule 20A is a subprogram of Rule 20 that allocates ratepayer-funded work credits to cities and unincorporated counties for projects that meet criteria focused on aesthetic purposes. Rule 20D is a subprogram that allocates ratepayer-funded work credits to projects for mitigating fire risk in San Diego Gas & Electric Company’s service territory. No project has ever been completed through Rule 20D.
The Commission will retain its authority to decide whether to approve ratepayer-funded investments in undergrounding electric lines or authorize less expensive solutions for mitigation of wildfire-related risks through other processes, including General Rate Case proceedings. Local and tribal governments will have the opportunity to provide input on large utilities’ wildfire-related undergrounding plans on a regular basis.
This decision directs Pacific Gas and Electric Company, Southern California Edison Company, and San Diego Gas & Electric Company to leverage an existing semi-annual workshop requirement to consult with local and tribal governments about wildfire-related undergrounding investment plans.
Rulemaking 17-05-010 is closed.
Attachment 2
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1. Background
On May 11, 2017, the Commission issued the Order Instituting Rulemaking to Consider Revisions to Electric Rule 20 and Related Matters (OIR).
The OIR described the long procedural history of the Electric Rule 20 program (Rule 20), dating back to 1967. The OIR named certain electric utilities and communications providers as respondents to the rulemaking.1 Rule 20A is a subprogram of Rule 20 that allocates ratepayer-funded work credits to cities and unincorporated counties for projects that meet eligibility criteria focused on aesthetic purposes. Rule 20D is a subprogram that allocates ratepayer-funded work credits to reduce fire risk in high fire risk areas within cities and unincorporated counties in San Diego Gas & Electric Company (SDG&E) service territory.
On June 3, 2021, the Commission approved Decision (D.) 21-06-013, which revised Rule 20A as follows: (a) discontinued new work credit allocations for Electric Rule 20A projects, (b) clarified Electric Rule 20A project eligibility criteria and work credit transfer rules, and (c) enhanced program oversight. The decision concluded Phase 1 of the proceeding (Phase 1 Decision).
On August 16, 2022, the assigned Commissioner issued a Scoping Memo and Ruling (scoping memo) that established the issues for Phase 2 of this 1 Electric utility respondents: Pacific Gas and Electric Company (PG&E), Southern California Edison Company (SCE), San Diego Gas & Electric Company (SDG&E), Bear Valley Electric Service Company (BVES), Liberty Utilities (Liberty), and PacifiCorp. Facilities-based communications provider respondents: Incumbent Local Exchange Carriers, AT&T California, Cal-Ore Telephone Company, Calaveras Telephone Company, Citizens Telecommunications Company of California, Ducor Telephone Company, Foresthill Telephone Company, Happy Valley Telephone Company, Hornitos Telephone Company, Kerman Telephone Company, Pinnacles Telephone Company, Ponderosa Telephone Company, Sierra Telephone Company, Siskiyou Telephone Company, Frontier California, Volcano Telephone Company, Consolidated Communications of California, Winterhaven Telephone Company, and other facilities based communication providers.
Attachment 2
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proceeding and requested party comments. The following parties filed opening comments and/or reply comments to the scoping memo questions: Rural County Representatives of California (RCRC); City of San Jose; Liberty Utilities (CalPeco Electric) LLC (Liberty Utilities); PacifiCorp d.b.a. Pacific Power (PacifiCorp); County of Sonoma; County of San Diego; Southern California Edison Company (SCE); League of California Cities (Cal Cities); SDG&E; Public Advocates Office of the California Public Utilities Commission (Cal Advocates); California Cable & Telecommunications Association (CCTA); AT&T Mobility, Pacific Bell Telephone Company d/b/a AT&T California (AT&T); City of Laguna Beach; City of San Diego; Pacific Gas and Electric Company (PG&E); and California State Association of Counties (CSAC).
On November 8, 2022, the Commission’s Energy Division held a workshop (2022 Workshop) on the Phase 2 issues. Over 200 stakeholders participated in the workshop. Workshop panelists included representatives of PG&E, SCE, SDG&E, The Utility Reform Network (TURN), Cal Advocates, CSAC, RCRC, Lake County, and Cal Cities.
On December 7, 2022, the assigned Administrative Law Judge (ALJ) issued a ruling to request party comments on the 2022 Workshop. The following parties filed opening comments and/or reply comments to the scoping memo questions:
SCE, PG&E, SDG&E, Cal Cities, Cal Advocates, TURN, County of Tuolumne, County of San Diego, AT&T, Citizens Telecommunications Company of California Inc., Frontier Communications of the Southwest Inc., Frontier California Inc., Santa Barbara Cellular Systems, Ltd., and New Cingular Wireless PCS, LLC.
This matter was submitted on February 17, 2023 upon filing of reply comments to the ALJ ruling on December 7, 2022.
Attachment 2
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2. Issues Before the Commission
The Phase 2 issues before the Commission are as follows:
a. Whether to modify Rule 20A project eligibility criteria to include wildfire safety and emergency-related
undergrounding or otherwise modify Rule 20A project
eligibility criteria;
b. Whether the Commission or utilities should enhance
engagement with local and tribal governments to inform
utility investments in undergrounding for wildfire safety, resilience, or emergency-related purposes;
c. Whether to modify or discontinue the Rule 20D program; d. Whether to modify the Rule 20 program to support future projects in underserved, tribal, and/or disadvantaged
communities or otherwise advance the goals of the
Commission’s Environmental and Social Justice (ESJ)
Action Plan 2.0; and
e. Whether to take additional steps to support the completion of active Rule 20A projects with insufficient work credits in underserved, tribal, and/or disadvantaged communities.
3. Wildfire-Related Undergrounding
Investments by Ratepayers
Before addressing issues (a) through (c) above, this decision will first consider what role local and tribal governments should have in determining where to cost-efficiently invest ratepayer funding in undergrounding power lines to mitigate wildfire-related risk.
Local governments argued that they should be involved in siting undergrounding projects for wildfire-related purposes because local governments have valuable knowledge of the wildfire-related needs of their communities. RCRC asserted that local governments have a deep understanding of their communities, including energy reliability needs and natural disaster vulnerabilities. RCRC strongly supported enhanced engagement with local Attachment 2
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governments to plan undergrounding projects for wildfire mitigation and resilience purposes because there is “little or no utility involvement with local governments to determine which undergrounding projects will be included in their wildfire mitigation or resilience programs.”2 RCRC argued, “What makes Rule 20 special is that it is focused on those projects identified by local governments. One of the most significant differences between Rule 20 undergrounding and other utility-led undergrounding efforts is that it puts local governments in the driver seat.”3
Cal Cities similarly argued that utility ratepayers should fund “locallyidentified wildfire safety and emergency projects that might otherwise not be high priority for PG&E but hold great significance locally and for overall wildfire mitigation.” Cal Cities also strongly supported enhancing engagement with local governments earlier in the planning process for utility investments in undergrounding for safety, resilience, or emergency-related purposes. Cal Cities proposed that large utilities should be required to consult with cities about their wildfire-related undergrounding plans early enough in the planning process so that the information gained from the consultation can inform the large utility’s plans. Cal Cities proposed additional requirements for public hearings and comments from local officials.4
Tuolumne County commented that local governments should have the opportunity to provide input on utilities’ wildfire-related undergrounding plans during the “scoping and planning stages.”5
2 RCRC’s comments on January 20, 2023.
3 RCRC’s comments on September 13, 2022.
4 Cal Cities’ comments on September 15, 2022.
5 Tuolumne County comments on January 20, 2023.
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The large electric utilities each argued that the Commission should not create new requirements for utilities to consult with local or tribal governments about wildfire-related undergrounding projects. SDG&E argued that utilities have the most expertise in wildfire safety and should continue to identify where to invest in undergrounding power lines for safety and emergency purposes, and that its existing processes for consulting with local governments is sufficient.
SDG&E also opposed changing Rule 20A project eligibility criteria to include wildfire mitigation.6
PG&E argued that its existing processes for engaging with local governments and tribes is sufficient because it “appropriately balances the utilities’ need to efficiently move forward with our undergrounding work that mitigates for system-wide wildfire risk and accounts for the needs of communities, tribes and customers to be informed and involved in the process.” PG&E explained that it first selects wildfire undergrounding investments based on wildfire risk models, in consultation with regulators, and then begins engagement with local governments and tribes after the projects are selected.7 SCE opposed Cal Cities’ proposal for increasing engagement with local governments in planning utility-driven investments in wildfire undergrounding, arguing that its existing and planned outreach efforts already offer opportunities for local and tribal governments to provide input to inform SCE’s determinations about whether to pursue wildfire mitigation-related undergrounding projects.8 No party specifically argued that small or multi-jurisdictional utilities should be required to increase local and tribal engagement about wildfire-related 6 SDG&E comments on September 15, 2022.
7 PG&E’s comments on February 17, 2023.
8 SCE’s comments on January 20, 2023 and February 17, 2023.
Attachment 2
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undergrounding investment plans. No small or multi-jurisdictional utility addressed this issue in comments.
Local and tribal governments should have the opportunity to provide input on large electric utilities’ wildfire-related undergrounding plans on a regular basis. Local governments have valuable knowledge of the wildfirerelated needs of their communities. It is not sufficient for utilities to inform local governments about wildfire-related undergrounding plans and projects after these plans are final.
Ratepayer advocates strongly opposed allowing local governments to decide where ratepayers should invest in wildfire-related undergrounding through the Rule 20A program. TURN asserted that Californians are facing an “unprecedented and increasingly dire affordability crisis” and urged the Commission to avoid irresponsible spending of ratepayer funds. TURN argued that the Commission should retain its authority to decide whether to approve ratepayer-funded investments in undergrounding electric lines or authorize less expensive solutions through General Rate Case (GRC) Phase 1 proceedings.9 Cal Advocates similarly argued that decisions to invest in undergrounding or other solutions for mitigating wildfire risk at much lower costs to ratepayers, including covered conductor, should be made through the Wildfire Mitigation Plans (WMPs) approval process.10
PG&E and SDG&E agreed that decisions regarding wildfire mitigation investments should continue to be made through the existing GRC Phase 1 and WMPs processes and that Rule 20A should not be expanded to address wildfire 9 TURN’s comments on January 20, 2023.
10 Cal Advocates comments on January 20, 2023.
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mitigation.11 PG&E also noted that Senate Bill (SB) 884, Stats. 2022, ch. 819, requires the creation of an additional regulatory process for reviewing utility undergrounding investments for wildfire mitigation, which will be overseen by the Office of Energy Infrastructure Safety (OEIS) and the Commission.12 Liberty Utilities and PacifiCorp agreed that addressing wildfire safety and emergency issues should remain outside of the Rule 20A context since conversion of overhead facilities to underground is very expensive in comparison to other wildfire mitigation measures such as hardening the overhead system.
The Commission and OEIS have existing processes that are more appropriate than the Rule 20 program for considering whether to approve ratepayer-funded investments in wildfire-related undergrounding or more costefficient measures. It is reasonable for the Commission to retain its authority to decide whether to approve ratepayer-funded investments in undergrounding electric lines or authorize less expensive solutions for mitigation of wildfirerelated risks through existing processes and any future process created in accordance with SB 884.
3.1. Whether to Add Rule 20A Project Eligibility
Criteria for Wildfire-Related Undergrounding
As discussed above, local governments should have the opportunity to influence the planning of utilities’ wildfire-related undergrounding projects, but the Commission will not delegate its authority for deciding whether to approve ratepayer-funded investments in undergrounding electric lines or more costefficient solutions for mitigation of wildfire-related risks. 11 Comments of PG&E and SDG&E on January 20, 2023.
12 PG&E’s comments on January 20, 2023.
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RCRC, Cal Cities, and CSAC argued that local governments should have the opportunity to pursue Rule 20A projects for wildfire-related projects because utilities may not prioritize projects that reflect local governments’ knowledge of the specific needs of their communities.13 As discussed in Section 3.2 below, this decision will provide opportunities for local and tribal governments to inform utilities’ plans for wildfire-related undergrounding. This approach will incorporate local and tribal concerns while retaining the Commission’s authority to determine whether to approve ratepayer funding for investments in wildfirerelated undergrounding projects.
SCE proposed to give local and tribal governments the opportunity to propose Rule 20A projects for wildfire mitigation purposes in the locations with the highest wildfire-related safety risks, with the caveat that utilities should have the option to assess whether it makes sense to underground overhead lines in areas where covered conductor has already been installed to reduce ignition risk.14 SCE proposed to allow utilities to decide whether to approve Rule 20A projects for wildfire mitigation purposes where covered conductor has been installed, presumably because the costs may outweigh the benefits of these projects.
This decision will not adopt SCE’s proposal because the Commission will not delegate its authority to utilities or local governments for determining whether the costs of wildfire-related undergrounding investments outweigh the benefits for specific projects.
13 RCRC comments on September 13, 2022; Cal Cities’ comments on September 15, 2022; and CSAC’s comments on September 26, 2022.
14 SCE’s comments on February 17, 2023.
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Further, as discussed in Section 3.3 below, local governments have not completed a single project under Rule 20D, which the Commission authorized in 2014 to allow local governments in SDG&E’s service territory to use ratepayer funding for wildfire mitigation undergrounding in locations designated by SDG&E.
For the reasons above, it is reasonable to not add wildfire-related project eligibility criteria to Rule 20A.
3.2. Whether to Enhance Engagement with Local
Governments and Tribal Jurisdictions to Inform
Utility Investments in Undergrounding for
Wildfire Safety, Resilience, or EmergencyRelated Purposes As discussed above, this decision concludes that local and tribal governments should have the opportunity to provide input on the large electric utilities’ wildfire-related undergrounding plans on a regular basis.
PG&E, SCE, and SDG&E each opposed the creation of new local consultation processes, arguing that they each have extensive existing processes for engaging with local and tribal governments about planned investments in wildfire-related undergrounding.15 Liberty Utilities, PacifiCorp, and Bear Valley did not comment on this topic.
In contrast, RCRC commented that although it is a member of PG&E’s Undergrounding Advisory Group and an active stakeholder of the Office of Energy Infrastructure Safety’s Wildfire Mitigation Plan process, the 2022 Workshop presentations on utilities’ wildfire undergrounding efforts provided “the first real look” into PG&E’s undergrounding plans and criteria for selecting 15 See comments of PG&E, SCE, and SDG&E on January 20, 2023 and February 17, 2023.
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project locations.16 PG&E acknowledged that it generally informs local and tribal governments about undergrounding plans after the project locations have been selected.17
This decision recognizes that the creation of a new local and tribal consultation process would significantly increase administrative costs borne by electric ratepayers as well as local and tribal governments. However, it is necessary to establish utility consultation requirements to ensure that local and tribal governments have the opportunity to provide input on utilities’ wildfire undergrounding plans on a regular basis. This decision will leverage an existing consultation process to minimize administrative costs.
In D.20-06-017, the Commission ordered PG&E, SCE, and SDG&E to conduct semi-annual workshops (Semi-Annual Local/Tribal Workshops) designed to empower local and tribal jurisdictions with a better understanding of grid operations, utility infrastructure, and the nature of weather events alongside utilities’ Public Safety Power Shutoff (PSPS) mitigation initiatives so they can make informed decisions on where to focus their resiliency planning efforts, capital investments, and pre-PSPS event operations. The agendas for these SemiAnnual Local/Tribal Workshops must include a discussion of utilities’ electric transmission and distribution infrastructure investment plans.18 Wildfire-related undergrounding is highly relevant to this agenda item.
It is reasonable to direct PG&E, SCE, and SDG&E to include the following items in the agenda of each Semi-Annual Local/Tribal Workshop: (a) briefing about the utility’s wildfire-related transmission and distribution investment 16 RCRC’s comments on January 20, 2023.
17 PG&E’s comments on January 20, 2023.
18 Ordering Paragraph 7 of D.20-06-017.
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plans, including plans for potential undergrounding project locations that are not final; and (b) opportunity for local and tribal governments to share their priority sites for wildfire-related undergrounding projects.
3.3. Whether to Modify or Discontinue
the Rule 20D Program
On February 13, 2020, the assigned ALJ issued a ruling to request comments on a staff proposal to reform the Rule 20 program (February 2020 Staff Proposal). The February 2020 Staff Proposal included the following background information about the Rule 20D program.
Rule 20D is currently only in SDG&E’s service territory and it applies specifically to undergrounding in SDG&E’s high fire threat areas where undergrounding is deemed by SDG&E to be a preferred method for wildfire mitigation in a given area. Rule 20D is structured similarly to the Rule 20A program and is similarlycommunity-driven. SDG&E annually allocates work credits to eligible communities and that they may borrow forward five years to obtain additional funds. Unlike Rule 20A, Rule 20D only allows communities to utilize work credits towards the conversion of primary distribution to underground. The program does not pay for undergrounding secondary lines or services, or for panel conversions for residences or businesses. Rule 20D has been in existence since 2014 and SDG&E has not started or completed a single project to date through this program.19
The February 2020 Staff Proposal included the following explanation for its recommendation to discontinue the Rule 20D program.
Rule 20D may no longer serve a function in light of the utilities’ [WMPs] which are intended to fire harden overhead infrastructure in the same high fire threat areas that would be eligible for Rule 20D projects. The utilities’ WMPs are not precluded from including undergrounding as a mitigation measure. Rule 20D projects may place higher costs on ratepayers than simply installing steel poles 19 February 2020 Staff Proposal at 11.
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and covered conductors. Furthermore, the program may be too slow to complete undergrounding projects in light of the growing wildfire risk. Not a single Rule 20D project has been initiated since the program began in 2014 and any projects could take up to seven years to complete.20
The February 2020 Staff Proposal recommended discontinuing the allocation of new work credits immediately and allowing communities to use previously allocated work credits to complete existing projects within 10 years.21 In D.21-06-013, the Commission declined to address the staff recommendation to discontinue the Rule 20D program and concluded that the Commission would consider whether to modify or discontinue the Rule 20D program in Phase 2 of this proceeding.
In the scoping memo, the assigned Commissioner requested party comments on whether to modify or discontinue Rule 20D. Only SDG&E, County of San Diego, and Cal Advocates commented on the Rule 20D issue. The City of San Diego had no comments on this issue.22
SDG&E supported discontinuation of Rule 20D in alignment with its comments that wildfire-related undergrounding investments should be approved through GRC Phase 1 proceedings and WMPs. SDG&E asserted that since the beginning of the program, no community has been able to identify a Rule 20D project due to the eligibility terms.23
20 February 2020 Staff Proposal at 37-38.
21 February 2020 Staff Proposal at 38.
22 City of San Diego’s comments on September 15, 2022.
23 SDG&E’s comments on September 15, 2022.
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Cal Advocates supported discontinuation of Rule 20D, arguing that the program is unnecessary because it is duplicative of the WMPs and no projects have been initiated under Rule 20D.24
County of San Diego expressed its strong interest in mitigating fire risk but did not oppose discontinuation of Rule 20D. County of San Diego explained that it has not completed any Rule 20D projects for several reasons, including the program requirements to form an undergrounding utility district and the additional costs of undergrounding that are not covered by ratepayers, such a right-of-way acquisition and environmental analysis. Further, County of San Diego has not been able to use Rule 20D with similar success as its Rule 20A credits because it is unable to combine Rule 20D undergrounding projects with other roadway improvements. County of San Diego found that areas prone to the highest fire risks are not always within the planned roadway improvements or within the County’s right-of-way. County of San Diego recommends modifying Rule 20D to cover all costs associated with undergrounding utilities and focus on undergrounding within existing public right-of-way.25
No Rule 20D projects have been formally initiated or completed since the inception of the program, and it is not feasible to increase participation in the Rule 20D program without substantially increasing ratepayer investments in the program. Further, as discussed above, the Commission should decide whether to approve ratepayer-funded investments in undergrounding electric lines or authorize less expensive solutions for mitigation of wildfire-related risks through existing processes and any future process created in accordance with SB 884. 24 Cal Advocates’ comments on September 15, 2022.
25 County of San Diego comments on September 15, 2022.
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It is reasonable to discontinue the Rule 20D program. No new Rule 20D work credits will be allocated as of the effective date of this decision.
County of San Diego caveated its position on Rule 20D discontinuation on the ability to convert Rule 20D work credits to Rule 20A work credits. County of San Diego did not provide a justification for why it would be reasonable to convert Rule 20D work credits to Rule 20A work credits.26 SDG&E supported eliminating Rule 20D with no conversion of work credits to Rule 20A work credits. SDG&E argues that conversion of Rule 20D work credits to Rule 20A work credits would be inequitable because not all communities within SDG&E’s territory received Rule 20D work credits.
SDG&E also commented that it did not expect discontinuation of the program to affect its GRC Phase 1 requests because it had not requested funding for Rule 20D through a GRC Phase 1 proceeding.27
It is reasonable to not convert Rule 20D work credits to Rule 20A work credits. All Rule 20D work credits that are not committed to a specific project as of the effective date of this decision shall be deemed expired.
4. Equity and Environmental and Social Justice
The February 2020 Staff Proposal found deep inequities in Rule 20A program spending and recommended discontinuation of the program.
Undergrounding for aesthetic purposes in localized areas benefits few ratepayers at the expense of the many. While society at large may benefit from the reduction of overhead facilities in scenic viewsheds, it is not a sustainable or equitable proposition to continue placing the burden on ratepayers at large. Undergrounding of overhead infrastructure can be conducted when desired by local 26 County of San Diego comments on March 2, 2023.
27 SDG&E’s comments on September 15, 2022.
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communities, but costs should be primarily borne by those who will benefit directly from the projects.28
The February 2020 Staff Proposal found that while 83 eligible communities did not complete a single project between 2005 and 2018, utilities spent over $50 million of ratepayer funds on Rule 20A projects in each of the following seven communities during that period: City and County of San Francisco ($174,194,533); City of San Diego ($123,959,969); Unincorporated Los Angeles County ($80,199,098); Unincorporated San Diego County ($66,219,539); City of Long Beach ($66,113,635); City of Oakland ($59,290,182); and City of San Jose ($54,445,341). The Staff Proposal considered the eligible communities that had not completed a project since 2004 as “historically underserved” by the Rule 20A program.29
The February 2020 Staff Proposal proposed to sunset the Rule 20A program in two steps:
First, stop the issuance of work credit allocations.
Communities may use accrued work credits to complete
existing projects.
Second, any unused work credits after a ten-year period will expire.30
The Phase 1 Decision discontinued the issuance of Rule 20A work credits as of December 31, 2022, but declined to establish a wind-down period or deadline for the use of Rule 20A work credits at that time. In D.21-06-013, the Commission determined that it would consider whether to modify the Rule 20A program to support projects in underserved and disadvantaged communities in 28 February 2020 Staff Proposal at 21-22.
29 February 2020 Staff Proposal at 14-15.
30 February 2020 Staff Proposal at 32.
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Phase 2 of this proceeding. The scoping memo for Phase 2 included the broader issue of whether to modify the Rule 20 program to support future projects in underserved, tribal, and/or disadvantaged communities or otherwise advance the goals of the Commission’s ESJ Action Plan 2.0.
The ALJ ruling, issued on December 7, 2022, also asked parties for comments on how to define underserved communities and disadvantaged communities.
Cal Advocates proposed using the definition of “ESJ Community” from the ESJ Action Plan 2.0, which includes all of the following communities, to ensure consistency and alignment with the ESJ Action Plan 2.0.31 a. Disadvantaged Communities, defined as census tracts that score in the top 25 percent of CalEnviroScreen 3.0, along with those that score within the highest 5 percent of
CalEnviroScreen 3.0's Pollution Burden but do not receive an overall CalEnviroScreen score;
b. All federally-recognized tribal lands;
c. Low-income households (meaning households with
incomes below 80 percent of the area median income); and d. Low-income census tracts (meaning census tracts where aggregated household incomes are less than 80 percent of area or state median income).
Cal Advocates also proposed to define an “underserved community” as a community that has never completed a project through the Rule 20A program.32 RCRC proposed that the Commission adopt definitions of disadvantaged communities and underserved communities that would include all ESJ 31 Cal Advocates comments on September 15, 2022.
32 Cal Advocates comments on September 15, 2022.
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Communities as well as locations with lower historical levels of energy reliability.33
It is reasonable to adopt the definition of ESJ Community from the ESJ Action Plan 2.0 for consistency and alignment with the action plan.
The definition of an underserved community should be based upon the historical inequities of Rule 20A program expenditures. However, communities that completed a project several decades ago should still be considered underserved by the program. Underserved Community should be defined as any city, unincorporated county, or tribal jurisdiction that has not completed a Rule 20A project since 2004.
Parties generally did not offer suggestions for modifying Rule 20A to increase future participation of ESJ Communities or Underserved Communities in the Rule 20A program. A few parties offered the following informative comments.
PG&E commented that the Rule 20A program rules should be modified to include tribes as eligible to receive Rule 20A work credits.34 County of San Diego’s comments on the challenges with developing Rule 20D projects in high fire threat areas illuminated the challenges Underserved Communities may have with implementing Rule 20A projects. As discussed in Section 3.3 above, County of San Diego explained that it had not completed any Rule 20D projects due to the program requirements to form an undergrounding utility district and the additional costs of undergrounding that 33 RCRC’s comments on September 15, 2022.
34 PG&E’s comments on September 15, 2022.
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are not covered by ratepayers, such a right-of-way acquisition and environmental analysis.35
Cal Advocates argued that the best solution for advancing equity and reducing the impact of Rule 20A on rising rates is to sunset the Rule 20A program. Cal Advocates argued that it is not feasible to increase participation of Underserved Communities, which tend to be smaller communities, because larger communities are more likely to be able to dedicate greater internal staff and outside consulting services to help them plan for Rule 20A projects.
Cal Advocates urged the Commission to discontinue the Rule 20A program to provide relief to California ratepayers.36
We agree with Cal Advocates’ arguments about the barriers to participation for Underserved Communities. We also note that the February 2020 Staff Proposal identified an additional Rule 20A barrier for small communities.
The Rule 20A work credit allocation methodology resulted in smaller communities accruing insufficient work credits to complete a project.37 The Commission’s ESJ Action Plan 2.0 includes a new emphasis on considering “rate burdens” on low-income communities. The action plan states that “Continuing to assess the cumulative impact of rates on households and working to mitigate these impacts on the most burdened households will remain a priority in all actions the [Commission] takes.”38
The best way to address the inequities of the Rule 20A program and advance the Commission’s ESJ Action Plan 2.0 is to discontinue the Rule 20A 35 County of San Diego comments on September 15, 2022.
36 Cal Advocates’ comments on September 15, 2022.
37 February 2020 Staff Proposal at 29.
38 The Commission’s ESJ Action Plan 2.0 at 4 and 22.
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program. Any Rule 20A work credit that has not been allocated to a community with an Active Rule 20A Project within two years of the effective date of this decision shall be deemed expired. An Active Rule 20A Project shall be defined as a project with a signed resolution that the utility has designated as either “active” or on “hold.” A Rule 20A project that a utility has designated as on “hold” is a project that was initiated but has stopped for an indeterminate amount of time due to the community possessing insufficient work credits to fund the entire project. Any Rule 20A work credit that has not been deducted from a community’s work credit balance by December 31, 2033 shall be deemed expired.
Some Rule 20A projects may be completed after the December 31, 2033 deadline because utilities may deduct Rule 20A work credits from a community’s work credit balance prior to the actualization of the applicable project costs.
We will also update the utilities’ Rule 20A reporting requirements to reflect the discontinuation of the Rule 20A program and new work credit allocations. This decision updates utilities’ Rule 20A reporting requirements as follows: (a) utilities shall no longer be required to serve a Rule 20A Annual Statement in accordance with Ordering Paragraph 6 of D.73078 as of the effective date of this decision;39 (b) utilities shall continue to serve Rule 20A Annual Updates in accordance with Ordering Paragraph 15 of D.21-06-013 to communities that have an Active Rule 20A Project until December 31, 2033; (c) utilities shall no longer serve Rule 20A Annual Updates in accordance with Ordering Paragraph 15 of D.21-06-013 to communities that do not have an Active 39 This requirement is outdated. The Rule 20A Annual Statements are reports of the new Rule 20A work credit allocations for the upcoming year that utilities must send to each local government. D.21-06-013 discontinued new Rule 20A work credit allocations, so there is no longer any information to report through the Rule 20A Annual Statements.
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Rule 20A Project as of two years after the effective date of this decision;40 and (d) utilities shall continue to serve Rule 20A Annual Reports in accordance with Ordering Paragraph 14 of D.21-06-013 until December 31, 2033, and these Rule 20A Annual Reports will include all work credit reallocations.
5. Active Rule 20A Projects
with Insufficient Work Credits
In D.21-06-013, the Commission discontinued allocations of new Rule 20A work credits after December 31, 2022. The Commission recognized in D.21-06-013 that some active Rule 20A projects may have insufficient work credit balances and insufficient available community funding to support completion and concluded that Phase 2 of this proceeding should consider whether to take additional steps to support the completion of active Rule 20A projects that are located in underserved and/or disadvantaged communities.
In the scoping memo, the assigned Commissioner asked parties whether to prioritize disadvantaged and/or underserved communities for the reallocation of Rule 20A work credits, and whether there are barriers to conversion of Rule 20A projects with insufficient work credits to Rule 20B or Rule 20C projects.
As discussed in Section 4 above, this decision adopted definitions for ESJ Communities and Underserved Communities for Rule 20A.
40 The Rule 20A Annual Updates required by D.21-06-013 are sent to local governments to provide the status of such community’s Rule 20A projects and its work credits by April 1 each year. Utilities have no project status updates to report in a Rule 20A Annual Update to a community with no Active Rule 20A Projects. D.21-06-013 discontinued new Rule 20A work credit allocations, so there are no new work credit allocations to report to communities. Further, this decision provides that any Rule 20A work credit that has not been allocated to a community with an Active Rule 20A Project within two years of the effective date of this decision shall be deemed expired.
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5.1. Reallocation of Rule 20A Work Credits
Section 2(c) of Rule 20A allows utilities to reallocate work credits from an inactive community to a community with an active project. Resolution E-4971 defined a community as “inactive” if it has not (i) formally adopted an undergrounding district ordinance which expires at completion of work within the district boundaries, (ii) started or completed construction of an undergrounding conversion project since 2011, or (iii) received Rule 20A allocations from the utility for only 5 years or fewer due to recent incorporation.
While Resolution E-4971 defined what constitutes an inactive community, it did not expressly define what constitutes an active project. In Section 4 above, this decision defines Active Rule 20A Projects.
The scoping memo attached Table 1 below, which presented an Energy Division staff analysis of the aggregate work credit shortfall of active Rule 20A projects (Total Active Project Work Credit Shortfall) and the aggregate work credits accrued by inactive communities (Total Inactive Community Work Credits) for the service territories of PG&E, SCE, and SDG&E as of April 2022.
Table 1: Summary of Rule 20A Work Credit Short Shortfall and Inactive Community Work Credits (April 2022)41
Utility Total Active Project
Work Credit Shortfall
Total Inactive
Community Work Credits
PG&E $397,700,987 $77,417,347
SCE $5,539,689 $63,860,438
SDG&E $92,792,582.79 $7,437,903.40
41 The data in Table 1 was provided by PG&E, SCE, and SDG&E in response to an Energy Division data request.
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The forecasted work credit shortfall is based on the utility’s estimates as of April 2022, which may be subject to change. The source of the Total Inactive Community Work Credits was the 2022 Active and Inactive Community Work Credit Balance Lists submitted by PG&E, SCE, and SDG&E in accordance with D.21-06-013, Ordering Paragraphs 3(b) and 3(c).
Table 1 above shows an approximately $320 million work credit shortfall for active projects in PG&E territory and an approximately $85 million work credit shortfall for active projects in SDG&E territory.
Several parties generally opposed reallocation of work credits from inactive communities to active Rule 20A projects. RCRC and Cal Cities each argued that communities who were not interested in Rule 20A in the past may become interested if the Commission adds wildfire-related purposes to the project eligibility criteria.42 Since this decision declines to add wildfire-related purposes to Rule 20A, RCRC’s argument is no longer relevant. City of Laguna Beach and CSAC recommended allowing inactive communities to redirect their accumulated work credits to other types of Rule 20 projects.43 However, because parties such as CSAC also simultaneously argued that it would be too burdensome for communities to complete projects using Rule 20B and Rule 20C,44 this argument is not persuasive.
PG&E commented that if the Commission decides not to authorize new Rule 20A work credit allocations, the Commission should redefine “inactive community” so that more work credits would be available for reallocation. 42 RCRC’s comments on September 13, 2022 and Cal Cities comments on September 15, 2022. 43 City of Laguna Beach’s comments on September 15, 2022 and CSAC’s comments on September 26, 2022.
44 CSAC’s comments on September 26, 2022
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PG&E proposed to define an inactive community as a community with insufficient work credits to complete a Rule 20A project for the minimum distance of 600 feet or one block.45
Cal Advocates opposed reallocation of work credits, except to active Rule 20A projects in ESJ communities that have never completed a Rule 20A project. Cal Advocates argued that the Commission should immediately sunset the Rule 20A program and limit reallocations of work credits to combat rising electric rates and address historical inequitable distribution of Rule 20A funds.46 SDG&E commented that it does not have any active projects located in a disadvantaged community.47 Liberty and PacifiCorp also commented that they do not have any Rule 20A projects in disadvantaged communities.48 We agree with Cal Advocates that our approach to addressing active Rule 20A projects should protect ratepayers from higher Rule 20A program costs and counteract the historical inequitable distribution of Rule 20A funds. We also acknowledge that some utilities may not have any active Rule 20A projects located in an ESJ Community or an Underserved Community.
Utilities should prioritize reallocation of work credits (pursuant to Section 2(c) of Rule 20A) from inactive communities to Active Rule 20A Projects with insufficient work credits such that the reallocation of such work credits is prioritized first to either (1) Active Rule 20A Projects located in Underserved Communities or (2) Active Rule 20A projects where at least 50 percent of the main line trench distance will be located within ESJ Community census tract(s). 45 PG&E’s comments on September 15, 2022.
46 Cal Advocates’ comments on September 15, 2022.
47 SDG&E’s comments on September 15, 2022.
48 Liberty Utilities and PacifiCorp’s joint comments on September 15, 2022.
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An ESJ Community census tract should be defined as a census tract that meets one of the following criteria: (i) scores in the top 25 percent of CalEnviroScreen
4.0, along with those that score within the highest 5 percent of CalEnviroScreen
4.0's Pollution Burden but do not receive an overall CalEnviroScreen score; (ii) located in any federally-recognized tribal lands; or (iii) where aggregated household incomes are less than 80 percent of area or state median income.
Each utility shall file a Tier 2 advice letter to make a consolidated proposal of reallocations of Rule 20A work credits within 18 months of the effective date of this decision. In the alternative, a utility may file a Tier 1 advice letter to inform the Commission that it will not make any reallocations of work credits during the remainder of the Rule 20A program.
This decision does not increase the number of Rule 20A work credits available for reallocation or otherwise increase the ratepayer funding available for Rule 20A projects.
5.2. Community Contributions
to Rule 20A Projects
The scoping memo asked parties to comment on whether there are barriers to communities making contributions to Rule 20A projects with insufficient work credits or converting these projects to Rule 20B or Rule 20C projects, which require communities or individuals to pay for most of the project costs.
RCRC, Cal Cities, CSAC, and County of San Diego each commented that the main barrier to conversion of a Rule 20A project to a Rule 20B or a Rule 20C project is the lack of local funding for these projects.49 As discussed in Section 5.1 49 RCRC’s comments on September 13, 2022; Cal Cities comments on September 15, 2022; CSAC’s comments on September 26, 2022; and County of San Diego’s comments on September 15, 2022.
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above, this decision does not authorize additional ratepayer funding for Rule 20A projects.
SDG&E commented that communities that have insufficient work credits to fund a Rule 20A project may enter into an agreement with SDG&E for the community to fund all portions of the project that exceed available work credits.
Alternatively, they may create a separate project that can be funded through Rule 20B or Rule 20C, with separate resolutions to properly account for project cost and subsidies.50
SCE commented that its approach to Rule 20A projects that do not have sufficient work credits has been to (a) propose a reduced scope of work that fits within available work credit balance, or (b) define a separate scope of work for a Rule 20A portion and a Rule 20B portion of the project. When separate scopes of work are defined for Rule 20A and 20B projects, SCE estimates the scope of the Rule 20A portion very conservatively given the stream of annual work credits and mortgaging limitations. SCE commented that it would prefer to be able to give communities the option to contribute financially to a Rule 20A project that exceeds the Rule 20A work credit balance instead of carving out separate Rule 20A and Rule 20B scopes of work.51
This decision clarifies that utilities should give communities the option to contribute financially to a Rule 20A project that has insufficient work credits for completion.
50 SDG&E’s comments on September 15, 2022.
51 SCE’s comments on September 15, 2022.
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6. Summary of Public Comment
Rule 1.18 of the Rules of Practice and Procedure (Rules) allows any member of the public to submit written comment in any Commission proceeding using the “Public Comment” tab of the online Docket Card for that proceeding on the Commission’s website. Rule 1.18(b) requires that relevant written comment submitted in a proceeding be summarized in the final decision issued in that proceeding.
The relevant Public Comments on the Docket Card include comments about how to define disadvantaged communities, whether or how to reallocate Rule 20A work credits, and wildfire-related undergrounding projects.
7. Comments on Proposed Decision
The proposed decision of President Alice Reynolds in this matter was mailed to the parties in accordance with Section 311 of the Public Utilities Code and comments were allowed under Rule 14.3 of the Commission’s Rules of Practice and Procedure. Comments were filed on May 25, 2023 by PG&E, SCE, SDG&E, Cal Advocates, and the City of Oakland, and reply comments were filed on June 1, 2023 by Cal Advocates, City of Oakland, PG&E, SCE, SDG&E, and TURN.
PG&E recommended that the Commission modify the Rule 20A work credit reallocation priority criteria to allow a utility to treat a Rule 20A project as an ESJ Community priority project so long as at least 50 percent of the project, measured by main line trench distance, is located in ESJ census tracts. We revised this decision accordingly to increase the likelihood that projects in ESJ Communities will be completed.
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PG&E also requested that the Commission define ESJ Communities based on CalEnviroScreen 4.0 instead of version 3.0, consistent with annual reporting requirements. We revised this decision accordingly.
PG&E urged the Commission to allow utilities to prioritize the completion of Active Rule 20A Projects that are “in flight” and are not located within Underserved Communities or ESJ Communities. City of Oakland requested to borrow-forward additional work credits for a Rule 20A project despite the project not qualifying for prioritization under this decision.
Cal Advocates argued that only ESJ Communities and Underserved Communities should be eligible for reallocation of Rule 20A work credits to address the historical inequities of the Rule 20A program. Cal Advocates opposed the City of Oakland’s request for additional work credits as seeking to relitigate the Phase 1 decision in this proceeding and undermine this decision’s reallocation priority process.
TURN also opposed PG&E’s and City of Oakland’s requests, arguing that these requests would undermine the ratepayer benefits of the proposed decision and continue the historical inequities of the Rule 20A program.
We revised this decision to modify the reallocation priority criteria to prioritize Active Rule 20A Projects in Underserved Communities and ESJ Communities equally, rather than prioritizing projects in Underserved Communities over projects in ESJ Communities. This will allow utilities to prioritize ESJ Community projects that are ready to break ground over Underserved Community projects that are on hold.
PG&E and SCE requested flexibility to continue to reallocate Rule 20A work credits until the sunset of the program at the end of 2033. PG&E and SCE raised concerns about the work credit balances of communities with Active Rule Attachment 2
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20A projects expiring within a year of this decision. SCE and SDG&E also requested an additional year to reallocate work credits from inactive communities to Active Rule 20A Projects, arguing that it will take more time to work with communities to identify the best projects for reallocation. TURN opposed the requests for flexibility to reallocate work credits throughout the sunset period.
We revised this decision to provide that work credits that are not allocated to community with an Active Rule 20A Project within two years of the effective date of this decision will be deemed expired.
Cal Advocates recommended that the Commission direct the utilities to file advice letters to identify the specific communities and projects that would be eligible for reallocation in each IOU’s service territory, pursuant to the prioritization of ESJ and underserved communities.
We agree that reallocations of work credits should be made in a transparent way. We revised this decision to direct each utility to file a Tier 2 advice letter within 18 months of the effective date of this decision to propose reallocations to Active Rule 20A Projects in accordance with the reallocation prioritization requirements of this decision. Alternatively, a utility may file a Tier 1 advice letter to confirm that it will not make any reallocations throughout the remainder of the Rule 20A program.
For purposes of understanding the impact of the deadline for the expiration of Rule 20A work credits at the end of 2033, PG&E requested that the Commission clarify whether Rule 20A project costs must be actualized before they are deducted from a community’s work credit balance. We clarified in this decision that a utility may deduct a Rule 20A work credit from a community’s work credit balance prior to the actualization of the associated project cost.
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8. Assignment of Proceeding
President Alice Reynolds is the assigned Commissioner and Stephanie Wang is the assigned Administrative Law Judge in this proceeding.
Findings of Fact
1. Local governments have valuable knowledge of the wildfire-related needs of their communities.
2. The Commission and OEIS have existing processes that are more appropriate than the Rule 20 program for considering whether to approve ratepayer-funded investments in wildfire-related undergrounding or more costefficient measures.
3. SB 884 requires the creation of an additional process for the Commission and OEIS to review ratepayer-funded investments in undergrounding electric lines to mitigate wildfire-related risks.
4. In D.20-06-017, the Commission ordered PG&E, SCE, and SDG&E to conduct Semi-Annual Local/Tribal Workshops that must include a discussion of utilities’ electric transmission and distribution infrastructure investment plans.
5. No Rule 20D projects have been formally initiated or completed since the inception of the program.
6. It is not feasible to increase participation in the Rule 20D program without substantially increasing ratepayer investments in the program.
7. The Rule 20A program undergrounds power lines for aesthetic purposes in localized areas and benefits few ratepayers at the expense of the many ratepayers.
8. Eighty-three communities eligible for the Rule 20A program failed to complete a single project between 2005 and 2018.
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9. Utilities spent over $50 million of ratepayer funds on Rule 20A projects in each of the following seven communities between 2005 and 2018: City and County of San Francisco ($174,194,533); City of San Diego ($123,959,969); Unincorporated Los Angeles County ($80,199,098); Unincorporated San Diego County ($66,219,539); City of Long Beach ($66,113,635); City of Oakland ($59,290,182); and City of San Jose ($54,445,341).
Conclusions of Law
1. Local and tribal governments should have the opportunity to provide input on large electric utilities’ wildfire-related undergrounding plans on a regular basis.
2. It is reasonable for the Commission to retain its authority to decide whether to approve ratepayer-funded investments in undergrounding electric lines or authorize less expensive solutions for mitigation of wildfire-related risks.
3. It is reasonable to not add wildfire-related project eligibility criteria to Rule 20A.
4. The Commission should leverage an existing local and tribal consultation process to minimize administrative costs.
5. It is reasonable to direct PG&E, SCE, and SDG&E to include the following agenda items in each of its Semi-Annual Local/Tribal Workshops: (a) briefing about the utility’s wildfire-related transmission and distribution investment plans, including plans for potential undergrounding project locations that are not final; and (b) opportunity for local and tribal governments to share their priority sites for wildfire-related undergrounding projects.
6. It is reasonable to discontinue the Rule 20D program.
7. No new Rule 20D work credits should be allocated as of the effective date of this decision.
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8. It is reasonable to not convert Rule 20D work credits to Rule 20A work credits.
9. All outstanding Rule 20D work credits that are not committed to a specific project as of the effective date of this decision should be deemed expired.
10.The Commission should adopt the definition of ESJ Community from the Commission’s ESJ Action Plan 2.0 for the Rule 20A program.
11.The Commission should define Underserved Community as any city, unincorporated county, or tribal jurisdiction that has not completed a Rule 20A project since 2004.
12.It is reasonable to discontinue the Rule 20A program.
13.Any Rule 20A work credit that has not been allocated to a community with an Active Rule 20A Project within two years of the effective date of this decision should be deemed expired.
14.An Active Rule 20A Project should be defined as a project with a signed resolution that the utility has designated as either “active” or on “hold.”
15.A Rule 20A project that a utility has designated as on “hold” is a project that was initiated but has stopped for an indeterminate amount of time due to the community possessing insufficient work credits to fund the entire project.
16.Any Rule 20A work credit that has not been deducted from a community’s work credit balance by December 31, 2033 should be deemed expired.
17.The Commission should update utilities’ Rule 20A reporting requirements as follows: (a) utilities shall no longer be required to serve a Rule 20A Annual Statement in accordance with Ordering Paragraph 6 of D.73078 as of the effective date of this decision; (b) utilities shall continue to serve Rule 20A Annual Updates in accordance with Ordering Paragraph 15 of D.21-06-013 to communities that have an Active Rule 20A Project until December 31, 2033; Attachment 2
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(c) utilities shall no longer serve Rule 20A Annual Updates in accordance with Ordering Paragraph 15 of D.21-06-013 to communities that do not have an Active Rule 20A Project as of two years after the effective date of this decision; and (d) utilities shall continue to serve Rule 20A Annual Reports in accordance with Ordering Paragraph 14 of D.21-06-013 until December 31, 2033, and these Rule 20A Annual Reports will include all work credit reallocations.
18.Utilities should give communities the option to contribute financially to a Rule 20A project that has insufficient work credits for completion.
Utilities should prioritize reallocation of work credits (pursuant to Section 2(c) of Rule 20A) from inactive communities to Active Rule 20A Projects with insufficient work credits such that the reallocation of such work credits is prioritized first to either (1) Active Rule 20A Projects located in Underserved Communities or (2) Active Rule 20A projects where at least 50 percent of the main line trench distance will be located within ESJ Community census tract(s).
19.An ESJ Community census tract should be defined as a census tract that meets one of the following criteria: (i) scores in the top 25% of CalEnviroScreen
4.0, along with those that score within the highest 5% of CalEnviroScreen 4.0's Pollution Burden but do not receive an overall CalEnviroScreen score; (ii) located in any federally-recognized tribal lands; or (iii) where aggregated household incomes are less than 80 percent of area or state median income.Each utility should file a Tier 2 advice letter to make a consolidated proposal of reallocations of Rule 20A work credits, or file a Tier 1 advice letter to inform the Commission that it will not make any reallocations of work credits during the remainder of the Rule 20A program, within 18 months of the effective date of this decision.
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20.It is reasonable to not increase the number of Rule 20A work credits available for reallocation or otherwise increase ratepayer funding available for Rule 20A projects.
21.This proceeding should be closed.
O R D E R
IT IS ORDERED that:
1. Pacific Gas and Electric Company, Southern California Edison Company, San Diego Gas & Electric Company shall each file a Tier 1 advice letter within 30 days of the effective date of this decision to confirm that it will include the following items in the agenda of each semi-annual local and tribal workshop held in compliance with Decision 20-06-017: (a) briefing about the utility’s wildfire-related transmission and distribution investment plans, including plans for potential undergrounding project locations that are not final; and (b) opportunity for local and tribal governments to share their priority sites for wildfire-related undergrounding projects.
2. San Diego Gas & Electric Company shall not allocate any new Electric Rule 20D work credits as of the effective date of this decision.
3. San Diego Gas & Electric Company shall file a Tier 1 advice letter within 30 days of the effective date of this decision to do all of the following: (a) modify its Electric Rule 20D (Rule 20D) tariff to state that any Rule 20D work credit that is not committed to a Rule 20D project that the utility has deemed as “active” as of the effective date of this decision is deemed expired; (b) confirm that there are no Rule 20D projects with a signed resolution that the utility has deemed as “active” as of the effective date of this decision; (c) confirm that all outstanding Rule 20D work credits are expired as of the effective date of this decision; and (d) modify Attachment 2
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its Rule 20 Program Guidebook to reflect the conclusion of the Rule 20D program.
4. Pacific Gas and Electric Company, Southern California Edison Company, San Diego Gas & Electric Company, Bear Valley Electric Service Company, Liberty Utilities, and PacifiCorp shall each file a Tier 1 advice letter within 30 days of the effective date of this decision to modify its Electric Rule 20A (Rule 20A) tariff and its Electric Rule 20 Program Guidebook to provide as follows:
(a) An Active Rule 20A Project shall be defined as a project with a signed resolution that the utility has designated as either “active” or on “hold.”
(b) A Rule 20A project that a utility has designated as on “hold” is a project that was initiated but has stopped for an indeterminate amount of time due to the community
possessing insufficient work credits to fund the entire project.
(c) Any Rule 20A work credit that has not been allocated to a community with an Active Rule 20A Project within two
years of the effective date of this decision shall be deemed expired.
(d) Communities shall have the option to contribute
financially to any Rule 20A project that has insufficient work credits for completion.
(e) Any Rule 20A work credit that has not been deducted from a community’s work credit balance by December 31,
2033 shall be deemed expired.
(f) The utility shall prioritize reallocation of work credits (pursuant to Section 2(c) of Rule 20A) from inactive
communities to Active Rule 20A Projects with insufficient work credits such that the reallocation of such work
credits is made first to either (1) Active Rule 20A Projects located in a city, unincorporated county, or tribal
jurisdiction that has not completed a Rule 20A project
Attachment 2
R.17-05-010 COM/ARD/mef
- 37 -
since 2004 or (2) Active Rule 20A Projects where at least 50 percent of the main line trench distance will be located within Environmental and Social Justice Community
census tract(s). An Environmental and Social Justice
Community census tract shall be defined as a census tract that meets one of the following criteria: (i) scores in the top 25 percent of CalEnviroScreen 4.0, along with those that score within the highest 5 percent of CalEnviroScreen 4.0's Pollution Burden but do not receive an overall
CalEnviroScreen score; (ii) located in any federallyrecognized tribal lands; or (iii) where aggregated household incomes are less than 80 percent of area or state median income.
5. Pacific Gas and Electric Company, Southern California Edison Company, San Diego Gas & Electric Company, Bear Valley Electric Service Company, Liberty Utilities, and PacifiCorp shall each file a Tier 2 advice letter within 18 months of the effective date of this decision to propose reallocations of Electric Rule 20A work credits in accordance with Ordering Paragraph 4 above. Each utility may only file one Tier 2 advice letter that contains a consolidated list of proposed reallocations of work credits. If a utility does not intend to make any reallocations of Electric Rule 20A work credits, the utility may file a Tier 1 advice letter to notify the Commission that it will not make any reallocations of work credits during the remainder of the Electric Rule 20A program. Each Tier 2 advice letter must contain the following information:
(a) A detailed narrative explanation of the utility’s overall reallocation prioritization process, including an
explanation of how the utility’s prioritization
methodology for selecting projects complies with this
decision;
(b) An accounting of all inactive communities and final work credit balances to be reallocated, with totals; and
Attachment 2
R.17-05-010 COM/ARD/mef
- 38 -
(c) An accounting of all projects that will receive a
reallocation of Rule 20A work credits in the form of a
template to be provided by the Commission’s Energy
Division, including: (i) the information in Attachment A; (ii) how many work credits will be reallocated to the
eligible project; and (iii) a short explanation of why the project was selected for reallocation.
6. Rulemaking 17-05-010 is closed.
This order is effective today.
Dated June 8, 2023, at San Francisco, California.
ALICE REYNOLDS
President
GENEVIEVE SHIROMA
DARCIE L. HOUCK
JOHN REYNOLDS
KAREN DOUGLAS
Commissioners
Attachment 2
R.17-05-010 COM/ARD/mef
A-1
Attachment A:
Required Information Regarding Proposed Projects for Reallocation of Rule 20A Work Credits
The Commission’s Energy Division will provide a template for an accounting of proposed projects for reallocation of work credits. The template will include, at minimum, the following required information.
Project Sponsor
Other Project Sponsors
County
City
Utility Undergrounding District
Project Name/Identifier
Project Address (Street, City, ZIP Code)
Applicant Type
Project Status (Active/Hold)
Project Stage (Planning, Estimating/Design, Construction, Closing) Trench Length (ft)
Length, Estimated or Design
Project Cost (Actual, Non-Adjusted)
Actual Cost/ Current Estimated At Completion
Current/Actual Cost per foot
Line Footage of Primary UG Circuit
Project Spend to Date
Joint Trench Participants
Public Interest Criteria Met By Project
Percent of Underground Miles in Underserved/ESJ Community by Main Line Trench Distance
Attachment 2
R.17-05-010 COM/ARD/mef
A-2
Project in Urban/Urban Cluster/Rural (Defined in the American Community Survey)
Work Credit Reallocation for this Specific Project
(END OF ATTACHMENT A)
Attachment 2
Attachment 3
Attachment 3
Attachment 3
Attachment 3
Attachment 3
Attachment 3
Attachment 3
Attachment 3
Chapter 13.28
UNDERGROUND UTILITIES*
Sections:
13.28.010 Definitions.
13.28.020 Replacement With Overhead Facilities Prohibited.
13.28.030 Public Hearing by Council.
13.28.040 Designation by Resolution.
13.28.050 Unlawful to Maintain Overhead Wires.
13.28.060 Overhead Wires – Exceptions by Special Permission.
13.28.070 Overhead Wires, Poles, Structures – Exceptions.
13.28.080 Notice to Property Owners and Utility Companies.
13.28.090 Responsibility of Utility Companies.
13.28.100 Disconnection and Removal Authority.
13.28.110 Obligation of City.
13.28.120 Extension of Time Limitation.
* Prior legislation: Ord. 92-3, 1992; Ord. 79-21 § 22, 1979; Ord. 84 C.S. § 1, 1963; Code 1975 § 1409.05.
13.28.010 Definitions.
Whenever in this chapter the words or phrases in this section are used, they shall have the respective meanings assigned to them in the following definitions:
A. “City” means the City of Carmel-by-the-Sea, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.
B. “Commission” means the Public Utilities Commission of the State of California.
C. “Council” means the City Council of the City of Carmel-by-the-Sea.
Attachment 4
D. “Person” shall mean and include any individual, firm, corporation, copartnership, or their agents and employees.
E. “Poles and overhead wires and associated overhead structures” shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments, and appurtenances located aboveground, and used or useful in supplying electric, communication, or similar or associated services.
F. “Underground utility district” or “district” shall mean that area in the City within which poles, overhead wires, and associated overhead structures are prohibited as such areas are described in one or more resolutions which may, from time to time, be adopted pursuant to the provisions of CMC
13.28.040.
G. “Utility” includes all persons or entities supplying electric, communication, or similar or associated services by means of electrical materials or devices. (Ord. 92-3 § 1, 1992; Ord. 84 C.S. § 1, 1963; Code 1975 §§ 1409.01, 1409.05).
13.28.020 Replacement With Overhead Facilities Prohibited.
All poles, wires and associated overhead structures installed underground, whether installed pursuant to a previously established undergrounding district or not, shall become subject to the terms of this chapter and shall not be replaced by new overhead facilities except as provided in CMC 13.28.060 and 13.28.070.
13.28.030 Public Hearing by Council.
The City Council may, from time to time, call public hearings to ascertain whether the public necessity, health, safety or welfare would be served by the establishment of an underground district to require the removal of poles, overhead wires and associated overhead structures within designated areas of the City and the installation of replacement underground wires and facilities for supplying electric communication, television, or similar associated services. At least 10 calendar days prior to the date of said hearing the City Clerk shall notify by mail all affected utility companies and all affected property owners, as shown on the last equalized assessment roll, indicating the time and place of such hearing and shall provide said owners with a summary description of the proposed underground utility district. (Ord. 92-3 § 1, 1992; Ord. 84 C.S. § 1, 1963; Code 1975 § 1409.03).
13.28.040 Designation by Resolution.
If, after a public hearing, the City Council finds that the establishment of an underground district within a designated area is appropriate and that such a district would enhance the public health, safety or Attachment 4
welfare, the City Council may, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. The City Council shall allow a reasonable time for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. The City Council may adopt resolutions for any and all areas of the City for which poles, wires and associated structures already have been undergrounded by past actions and, upon adoption, such designated areas shall be subject to the provisions of this chapter. Resolutions covering such designated areas previously undergrounded shall not require mailed public notice or a hearing. (Ord. 92-3 § 1, 1992; Ord. 84 C.S. § 1, 1963; Code 1975 § 1409.04).
13.28.050 Unlawful to Maintain Overhead Wires.
Whenever the City Council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in this chapter, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when said overhead facilities are required to be removed by such resolution, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to performance of such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in CMC 13.28.100 hereof, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter. (Ord. 92-3 § 1, 1992; Ord. 84 C.S. § 1, 1963; Code 1975 § 1409.05).
13.28.060 Overhead Wires – Exceptions by Special Permission.
The City Administrator or an authorized designee may grant special permission on such terms as may be deemed appropriate, in cases of emergency or unusual circumstances, to erect, construct, install, maintain, use or operate poles and overhead wires, and associated overhead structures, notwithstanding any other provisions of this chapter. The City Administrator may establish administrative regulations specifying such emergency or unusual circumstances including guidelines on when such exceptions are appropriate and conditions leading to the ultimate removal of overhead equipment when the exception has been granted on a temporary basis. (Ord. 92-3 § 1, 1992; Ord. 84 C.S. § 1, 1963; Code 1975 § 1409.06).
13.28.070 Overhead Wires, Poles, Structures – Exceptions.
This chapter and any resolution adopted pursuant to CMC 13.28.040 hereof shall, unless otherwise provided in such resolution, not apply to the following types of facilities:
Attachment 4
A. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Administrator.
B. Poles or electroliers used exclusively for street lighting, fire alarm boxes or emergency services.
C. Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited.
D. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixtures and extending from one location of the building to another location on the same building or to an adjacent building without crossing any public street.
E. Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services.
F. Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestalmounted terminal boxes and meter cabinets, and concealed ducts when designed and installed in conformation with all City design standards contained in Chapters 12.04, 12.08 and 17.12 CMC.
G. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. (Ord. 92-3 § 1, 1992; Ord. 84 C.S. § 1, 1963; Code 1975 § 1409.07).
13.28.080 Notice to Property Owners and Utility Companies.
Within 10 days after the effective date of a resolution adopted pursuant to CMC 13.28.040 hereof, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof. The City Clerk shall further notify such affected property owners of the necessity that, if they or any other person occupying such property desire to continue to receive electric, communication, television, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission and to the requirements of State laws and the municipal code of the City of Carmel-by-the-Sea. Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to CMC 13.28.040, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. (Ord. 92-3 § 1, 1992; Ord. 84 C.S. § 1, 1963; Code 1975 § 1409.08).
Attachment 4
13.28.090 Responsibility of Utility Companies.
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to CMC 13.28.040 hereof, the supplying utility shall furnish at its own expense that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the commission, including underground service facilities required to provide utility service to the affected properties but excluding those facilities that are the responsibility of the property owners as set forth below. New underground equipment installed flush with the surface of the ground shall not be placed within sidewalks or other pedestrian walking surfaces without approval by the City Administrator and conformance to City design standards.
13.28.100 Disconnection and Removal Authority.
A. All conduits, conductors and associated equipment necessary to receive utility service between service conductors or underground pipe or conduit of the supplying utility and the service facilities in the building or structure being served shall be provided by the person owning, operating, leasing, or renting the property, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission and to the lawful requirements of State laws and the municipal code of the City.
B. In the event the person owning, operating, leasing, or renting the property does not comply with the provisions of subsection (A) within the time provided for in the resolution adopted pursuant to CMC
13.28.040, the Director of Public Works shall post written notice on the property being served and 30 calendar days thereafter shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property.
C. Noncompliance by any person owning, operating, leasing or renting said property with the provisions of this section shall constitute a misdemeanor under CMC 13.28.050. Until such time as an order is issued pursuant to subsection (B), the supplying utility shall not be in violation of this chapter in continuing to maintain overhead facilities necessary to serve such person during the period of such noncompliance and such reasonable time thereafter as may be necessary to remove the same. (Ord. 92-3 § 1, 1992; Ord. 84 C.S. § 1, 1963; Code 1975 § 1409.10).
13.28.110 Obligation of City.
The City shall remove its police and fire alarm circuits or any similar municipal equipment at its own expense from all poles required to be removed under this chapter in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution adopted pursuant to CMC 13.28.040. (Ord. 92-3 § 1, 1992; Ord. 84 C.S. § 1, 1963; Code 1975 § 1409.11).
Attachment 4
13.28.120 Extension of Time Limitation.
In the event that any act required by this chapter or by a resolution adopted pursuant to CMC
13.28.040 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. (Ord. 92-3 § 1, 1992; Ord. 84 C.S. § 1, 1963; Code 1975 § 1409.12).
The Carmel-by-the-Sea Municipal Code is current through Ordinance 2023-05, passed July 11, 2023.
Disclaimer: The city clerk’s office has the official version of the Carmel-by-the-Sea Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: https://ci.carmel.ca.us/
City Telephone: (831) 620-2000
Code Publishing Company
Attachment 4
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
November 7, 2023
PUBLIC HEARINGS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Mary Bilse, Environmental Programs Manager APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
First Reading of Ordinance No. 2023-007 Amending the Carmel Municipal Code Title 17 (Zoning) by Repealing and Replacing Chapter 17.42 Stormwater Quality and Utility and Chapter 17.43 Water Quality Protection
Recommendation:
1. Request City Attorney to read Title of Ordinance; and
2. Waive the reading in full and introduce Ordinance No. 2023-007 Amending the Carmel Municipal Code Title 17 (Zoning) by Repealing and Replacing Chapter
17.42 Stormwater Quality and Utility and Chapter 17.43 Water Quality Protection; and
3. Set a second reading for December 5, 2023.
RECOMMENDATION:
1. Request City Attorney to read Title of Ordinance; and
2. Waive the reading in full and introduce Ordinance No. 2023-007 Amending the Carmel Municipal Code Title 17 (Zoning) by Repealing and Replacing Chapter 17.42 Stormwater Quality and Utility and Chapter 17.43 Water Quality Protection; and
3. Set a second reading for December 5, 2023.
BACKGROUND/SUMMARY:
One of the City Council’s Top Strategic Priorities is to update the Carmel Municipal Code (CMC) regarding stormwater. The City’s Public Works/Environmental Programs staff worked closely with the City Attorney’s office to update the City’s stormwater ordinances which were last updated in 2004.There have been significant changes in federal, state, and regional laws affecting stormwater and water quality, and the proposed update ensures compliance with current applicable laws.
This Staff Report introduces the proposed Ordinance, which would amend Chapters 17.42 and 17.43. The purpose of Chapter 17.42, “Stormwater Quality and Utility,” is to protect and enhance the water quality of watercourses and waterbodies by reducing pollutants in stormwater discharges into the storm drain system. The purpose of Chapter 17.43, “Water Quality Protection,” is to protect and enhance the coastal waters within the City in accordance to the policies of the City’s Local Coastal Program and Post-Construction Stormwater Management Requirements for development projects in the Central Coast Region.
Chapter 17.42 “Stormwater Quality and Utility” and Chapter 17.43 “Water Quality Protection” Title 17, “Zoning,” of the CMC includes Chapter 17.42, “Stormwater Quality and Utility,” and Chapter 17.43, “Water Quality Protection” (as shown in Attachment 1). Chapter 17.42 and Chapter 17.43 were last amended in 2004, and there have been significant changes in state and regional laws affecting stormwater and water quality since then. The proposed Ordinance is being submitted for Council’s consideration on updating both Chapters
17.42 and 17.43.
The work the City performs to prevent stormwater pollution is regulated under the jurisdiction of the Central Coast Regional Water Quality Control Board, Region 3, which is the enforcement arm of the State Water Resources Control Board (SWRCB). In 2013, the SWRCB adopted the Phase II Small MS4 General Permit (Water Quality Order No. 2013-0001-DWQ). Since its adoption, the SWRCB adopted five amendments to this Permit. The Phase II Small MS4 General Permits require dischargers, including the City, to develop and implement a Stormwater Management Program with the goal of reducing the discharge of pollutants to the Maximum Extent Practicable (MEP). MEP is the performance standard specified in Section 402(p) of the federal Clean Water Act. The management programs specify what Best Management Practices (BMPs) will be used to address certain program areas. Key program areas include: public education and outreach; illicit discharge detection and elimination; construction and post-construction requirements; and good housekeeping practices for municipal operations.
Redlines of the existing Chapters 17.42 and 17.43 (Attachment 2) show the extensive changes that would be codified by adoption of the Ordinance. The proposed Chapters 17.42 and 17.43 (clean versions are in Attachment 3) are attached as Exhibit “A” to the proposed Ordinance.
Summary of Proposed Changes
Below are key changes in the proposed Stormwater Ordinance:
1. Updated definitions.
2. Referenced newer guidance and requirements to simplify the Ordinance and improve effectiveness.
3. Removed all listed BMPs and outdated Low Impact Development standards, and referenced the California Stormwater Quality Association BMP Handbook, which is kept up to date. The BMP Handbook is available to view at this link: https://www.casqa.org/resources/bmp-handbooks
4. Referenced the Phase II Permit and Central Coast Post-Construction Requirements (PCRs), Industrial General Permit, and Construction General Permit.
5. Clarified illegal discharges to mean any direct or indirect release to the City’s storm drain system that is not composed entirely of stormwater (i.e., pressure washing runoff).
6. Clarified construction projects subject to drainage and erosion control plan review.
7. Referenced the City’s Standard Operating Guidance (SOG) 17-07 for all projects that trigger PCRs. PCRs are permanent onsite facilities that manage storm water onsite by implementing measures for site design, source control, runoff reduction, treatment and management. SOG 17-07 is available to view at this link:
https://ci.carmel.ca.us/post/applications-informational-handouts-0
8. Restructured the enforcement language, and referenced other CMC chapters for enforcement to ensure consistency. A violation shall be considered a misdemeanor (fine not exceeding $1,000) and subject to administrative civil penalties enforced by the City’s Code Compliance Coordinator or Police Department.
In October 2022, Staff submitted the proposed changes to the Stormwater Ordinance to the SWRCB and California Coastal Commission (CCC). We received minor comments back from SWRCB in December 2022 and made adjustments after consultations with them. We did not receive comments back from the CCC until June 2023, and their comments were extensive. Staff collaborated with the CCC and incorporated relevant changes to our Stormwater Ordinance as directed by the City Attorney’s office.
The cities of Carmel-by-the-Sea, Monterey, Del Rey Oaks, Sand City, Seaside, Pacific Grove and the County of Monterey have joined forces to implement a regional storm water program for the Monterey Peninsula and surrounding areas. This regional group meets monthly to discuss urban runoff issues and implement components of the Monterey Regional Storm Water Management Program (MRSWMP). This Program, coupled with current Stormwater Ordinances that are more consistent across the region, results in a very effective pollutant discharge prevention program critical to the conservation of Carmel Bay, which lies within the Monterey Bay National Marine Sanctuary and is an Area of Special Biological Significance.
The changes to the Stormwater Ordinance, if adopted, would streamline Environmental Program staff reviews of development projects related to stormwater discharges and references to the CMC. Public Works maintenance operations, City capital improvement projects, and private developers would continue to operate under the guidance of the regional storm water program, MRSWMP. As future changes are made to the BMP Handbook, SOG 17-07, or other requirements, the Stormwater Ordinance would likely not need to be updated again.
Next Steps
In December 2023, the City Council will be requested to conduct a second Public Hearing, and adopt the Stormwater Ordinance. Over the next year, the City will further collaborate with the CCC to incorporate the Stormwater Ordinance through an Amendment to the Local Coastal Program.
Environmental Evaluation
The City has determined that Ordinance 2023-007 is exempt from review under the California Environmental Quality Act (“CEQA”) (California Public Resources Code Section 21000, et seq.), pursuant to Section 15061(b) (3) of the CEQAGuidelines, covering activities with no possibility of having a significant effect on the environment. The Ordinance adopts local regulations in a manner that complies with federal and state regulations. The Ordinance does not directly or indirectly authorize or approve any actual changes in the physical environment and, therefore, does not require environmental review.
FISCAL IMPACT:
No direct fiscal impact for this action.
PRIOR CITY COUNCIL ACTION:
Council held a Strategic Priorities Workshop on August 30, 2023 which included this Stormwater Ordinance Update as a Top Priority. This was confirmed at Council’s regular meeting of October 3, 2023.
ATTACHMENTS:
Attachment 1) Existing Chapter 17.42 Stormwater Quality and Utility & Chapter 17.43 Water Quality Protection Ordinance
Attachment 2) Redline of Chapter 17.42 and Chapter 17.43 displaying proposed changes Attachment 3) Draft Ordinance 2023-007
Chapter 17.42
STORMWATER QUALITY AND UTILITY
Sections:
17.42.010 Purpose.
17.42.020 Urban Runoff Water Quality and Discharge Management.
17.42.010 Purpose.
The provisions of this chapter are intended to ensure the health, safety, and general welfare of citizens, and protect and enhance the water quality of watercourses and water bodies in compliance with the Federal Clean Water Act (33 USC 1251 et seq.) by reducing pollutants in stormwater discharges to the maximum extent practicable, by prohibiting nonstormwater discharges to the storm drain system, and by managing the City’s storm and surface water drainage system. Requirements of this chapter shall be implemented and enforced in accordance with the schedule adopted as part of the National Pollution Discharge Elimination System Phase II permit (NPDES). (Ord. 2014-01 § 1 (Exh. A), 2014; Ord. 2013-04 (Exh. A), 2013; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.42.020 Urban Runoff Water Quality and Discharge Management.
A. Applicability. This section shall apply to all water entering the storm drain system generated on any developed and undeveloped lands within the City.
B. Administration.
1. Responsibility for Administration. The Public Works Director shall administer, implement, and enforce the provisions of this section. Any powers granted to or duties of the Public Works Director may be delegated in writing by the Public Works Director to persons or entities acting in the beneficial interest of or in the employ of the City.
2. Regulatory Consistency. This section shall be construed to ensure consistency with the requirements of the Clean Water Act and Porter-Cologne Act, and statutes and regulations that amend or supplement those Acts.
3. Ultimate Responsibility of Discharger. The requirements of this section are minimum standards; therefore this section does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into waters of the U.S. caused by that person. This section shall not create liability on the part of the City, or any agent or employee of the City, for any damages that result from any discharger’s reliance on this section or any administrative decision in compliance with this section.
C. Discharge Prohibitions.
Attachment 1
1. General Prohibition. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including pollutants or waters containing any pollutants, that cause or contribute to a violation of applicable water quality standards, other than stormwater. The commencement, conduct or continuance of any other discharge to the storm drain system is prohibited, except for the following.
a. Certain types of discharges will not be considered a source of pollutants to the storm drain system and to waters of the U.S. when properly managed in a manner approved by the Director of Public Works to ensure that no potential pollutants are present, and therefore are not considered illegal discharges unless determined to cause a violation of the provisions of the Porter-Cologne Act, Clean Water Act, or other provisions of this section. These types of discharges are listed in Section 1.6 of the City’s LID Guidance Manual in Appendix I to Chapter 17.43 CMC. b. This prohibition shall not apply to any nonstormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the State of California under the authority of the Federal Environmental Protection Agency; provided, that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations; and provided, that written approval has been granted by the City for any discharge to the storm drain system.
c. With the written concurrence of the Regional Board, the City may grant a written exemption for other specific nonstormwater discharges which are not a source of pollutants to the storm drain system nor the waters of the U.S. Notwithstanding the requirements of subsection (E)(1) of this section, Authority to Inspect, the Public Works Director may require by written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.
2. Illicit Connections. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
a. The Public Works Director may require by written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this section to eliminate or secure approval for the connection by a specified date. b. If, subsequent to eliminating a connection found to be in violation of this section, the responsible person can demonstrate that an illegal discharge will no longer occur, the person may request City approval to reconnect. The reconnection or reinstallation of the connection shall be at the expense of the responsible person.
Attachment 1
3. Waste Disposal. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, or water of the U.S., any liquids, powders, refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that they may cause or contribute to water pollution. Wastes deposited in proper waste receptacles for the purposes of collection are exempted from this prohibition.
4. Discharges in Violation of Industrial or Construction Activity NPDES Stormwater Discharge Permit. Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of the permit. Proof of compliance with the permit may be required in a form acceptable to the Public Works Director prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.
D. Regulations and Requirements.
1. Prevention, Control, and Reduction of Stormwater Pollutants. a. Authorization to Adopt and Impose Best Management Practices. The City will adopt requirements identifying best management practices (BMP) for activities, operations, or facilities which may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the U.S.
These are contained in the BMP Guidance Series in Appendix J to Chapter 17.43 CMC. Where best management practices requirements are promulgated by the City or any Federal, State of California, or regional agency for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the storm drain system or water of the U.S., every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements. The Public Works Director will periodically report to the City Council on the status of implementation of BMPs and any new BMPs that are expected to be developed for inclusion in the BMP Guidance Series. In the event more restrictive requirements pertaining to new development and redevelopment are contained in the City’s Low Impact Development Guidance Manual than are contained in the BMP Guidance Series, the more restrictive requirements contained in the Low Impact Development Guidance Manual will govern. b. New Development and Redevelopment. The City shall adopt Low Impact Development (LID) requirements identifying appropriate best management practices to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants as defined by Chapter
17.43 CMC. The LID requirements of this chapter are general in nature. More detailed requirements, some of which are in addition to those contained in this Chapter, are contained in the City’s Low Impact Development Guidance Manual (LID Guidance Manual) in Appendix I to Chapter 17.43 CMC. Persons or entities undertaking or owning new development and/or redevelopment projects shall comply with the requirements in the CMC and in the LID Guidance Manual. The Public Works Director will Attachment 1
periodically report to the City Council on the status of implementation of LID requirements and new LID requirements that are expected to be developed for inclusion in the LID Guidance Manual.
The City shall incorporate these requirements in any land use entitlement and construction or buildingrelated permit to be issued for the development or redevelopment and the Director shall administer, implement and enforce the provisions of Chapter 17.43 CMC. c. Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of requirements promulgated in compliance with subsections (D)(1)(a) and (D)(1)(b) of this section, any person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering stormwater, the storm drain system, or waters of the U.S. shall implement best management practices to the maximum extent practicable as determined by the Director of Public Works to prevent and reduce the pollutants.
i. The owner or operator of a commercial or industrial establishment shall provide to the maximum extent practicable protection, as determined by the Director, from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses. ii. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator’s expense. iii. Best management practices required by the City can be obtained from the Public Works Department or the Community Planning and Building Department.
2. Watercourse Protection. Every person owning property through which a watercourse passes, or the person’s lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, stagnant pools of water and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse to the extent required by the Director of Public Works. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines to protect against erosion and degradation of the watercourse on site and downstream. Property owners shall select “soft engineered” techniques when possible for maintaining and stabilizing stream banks.
3. Remediation. Whenever the Public Works Director finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of stormwater, the storm drain system, or water of the U.S., the Public Works Director may require by written notice to the owner of the property and/or the Attachment 1
responsible person that the pollution be remediated and the affected property restored within a specified time in compliance with subsection (F) of this section, Enforcement.
E. Inspection and Monitoring.
1. Authority to Inspect. Whenever necessary to make an inspection to enforce any provision of this section, or whenever the Public Works Director has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this section, the Director may enter such premises at all reasonable times to inspect the same and to inspect and copy records related to stormwater compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the City is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
2. Authority to Sample, Establish Sampling Devices, and Test. During any inspection in compliance with this section, the Public Works Director may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities.
F. Enforcement.
1. Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this section. A violation of or failure to comply with any of the requirements of this section shall constitute a misdemeanor. Such persons may also be in violation of the Clean Water Act and/or the Porter-Cologne Act and may be subject to the sanctions of those acts including civil and criminal penalties.
Any enforcement action authorized under this section may also include written notice to the violator of this potential liability.
2. Notice of Violation. Whenever the Public Works Director finds that a person has violated a prohibition or failed to meet a requirement of this section, the Public Works Director may order compliance by written notice of violation to the responsible person. The notice may require without limitation:
a. The performance of monitoring, analyses, and reporting; b. The elimination of illicit connections or discharges; c. That violating discharges, practices, or operations shall cease and desist; d. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
e. Payment of compensation to cover administrative and remediation costs; f. The implementation or maintenance of source control or treatment BMPs; Attachment 1
g. Payment of a fine as determined by action of the City Council.
If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which remediation or restoration must be completed. The notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the City or a contractor designated by the Public Works Director, with the cost of the work charged to the violator in compliance with subsection (F)(4) of this section, Emergency Abatement by City.
3. Appeal. Notwithstanding the provisions of subsection (F)(4) of this section, Emergency Abatement by City, any person receiving a notice of violation in compliance with subsection (F)(2) of this section, Notice of Violation, may appeal the determination of the Public Works Director to the City Administrator. The notice of appeal must be received by the City Administrator within five days from the date of the notice of violation.
Hearing on the appeal before the City Administrator or his/her designee shall take place within 15 days from the date of City’s receipt of the notice of appeal. The decision of the City Administrator or designee shall be final.
4. Emergency Abatement by City. If the violation has not been corrected in compliance with the requirements in the notice of violation, or, in the event of an appeal in compliance with subsection (F)(3) of this section, within 10 days of the decision of the City Administrator upholding the decision of the Public Works Director, then the City or a contractor designated by the Public Works Director may enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the City or designated contractor to enter upon the premises for the purposes set forth above.
5. Charging Cost of Abatement/Liens. Within 30 days after abatement of the nuisance by the City, the Public Works Director shall notify the property owner of the property of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment with the City Clerk within 15 days. The City Clerk shall set the matter for public hearing by the City Council. The decision of the Council shall be set forth by resolution and shall be final.
If the amount due is not paid within 10 days of the decision of the Council or the expiration of the time in which to file an appeal under this section, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. A copy of the resolution shall be turned over to the County Auditor so that the Auditor may enter the amounts of the assessment against the parcel as it appears on the current assessment roll, and the tax collector shall include the amount of the assessment on the bill. (Ord. 2014-01 § 1 (Exh. A), 2014; Ord. 2013-04 (Exh. A), 2013; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
The Carmel-by-the-Sea Municipal Code is current through Ordinance 2023-05, passed July 11, 2023.
Attachment 1
Disclaimer: The city clerk’s office has the official version of the Carmel-by-the-Sea Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: https://ci.carmel.ca.us/
City Telephone: (831) 620-2000
Code Publishing Company
Attachment 1
Chapter 17.43
WATER QUALITY PROTECTION ORDINANCE
Sections:
17.43.010 Purpose and Intent.
17.43.020 Applicability.
17.43.030 Application Submittal Requirements.
17.43.040 BMP Maintenance and Conditions of Transfer.
17.43.050 Water Quality Checklist.
17.43.060 Development Standards.
17.43.070 Development-Specific Design Standards.
17.43.080 Single-Family Residential.
Appendix I Low Impact Development Guidance Manual.
Appendix J BMP Guidance Series.
17.43.010 Purpose and Intent.
A. The purpose of this chapter is to protect and enhance coastal waters within the City of Carmel in accordance with the policies of the City’s Local Coastal Plan (Sections O5-45 and O5-46), Sections 30230, 30231, 30232 and 30240 of the California Coastal Act, and the City’s Phase II NPDES permit requirements. To implement the certified land use plan, application submittal requirements, development standards, and other measures are provided to ensure that permitted development shall be sited and designed to conserve natural drainage features and vegetation, minimize the introduction of pollutants into coastal waters to the maximum extent practicable, limit the discharge of stormwater runoff, and protect the overall quality of coastal waters and resources. All new development and redevelopment within the City shall comply with the requirements in this Chapter and in the City’s Low Impact Development Guidance Manual (LID Guidance Manual) in Appendix I to this chapter. (See Chapter 17.42 CMC and CMC 17.42.020(D)(1)(b).) B. The intent of this chapter is to address the following principles:
1. All development shall be evaluated by the Planning Director or his/her designee for potential adverse impacts to water quality and applicants should consider site design, source control and treatment control BMPs in order to minimize polluted runoff and water quality impacts resulting from the development. Site design BMPs reduce the need for source and/or treatment control BMPs, and source control BMPs may reduce the amount of treatment control BMPs needed for a development. Therefore, BMPs should be incorporated into the project design in the following progression:
a. Site design BMPs;
b. Source control BMPs;
c. Treatment control BMPs.
2. All development shall be designed to minimize the introduction of pollutants that may result in water quality impacts. Projects should be designed to control post-development peak runoff rates and average volumes to Attachment 1
maintain or reduce pre-development downstream erosion rates. These objectives can be accomplished through the creation of a hydrologically functional project design that strives to mimic the existing natural hydrologic regime and by achieving the following goals:
a. Maintain and use existing natural drainage courses and vegetation; b. Conserve natural resources and areas by clustering development on the least environmentally sensitive portions of a site while leaving the remaining land in a natural, undisturbed condition; c. Minimize the amount of directly connected impervious surface and total area of impervious surface; d. Incorporate or connect to existing on-site retention and infiltration measures; e. Direct rooftop runoff to permeable areas rather than driveways or impervious surfaces to reduce the amount of stormwater leaving the site;
f. Minimize clearing and grading.
3. Incorporating these goals and principles into the project design will help to minimize the introduction of pollutants to the site and decrease the amount of polluted runoff leaving the site, resulting in the overall objective of water quality protection. Appendix I to this chapter describes the requirements and processes for implementing BMPs into development and provides examples of types of BMPs to incorporate.
4. Nonstructural BMPs are preventative actions that involve management and source controls such as protecting and restoring sensitive areas such as wetlands and riparian corridors, maintaining and/or increasing open space, providing buffers along sensitive water bodies, minimizing impervious surfaces and directly connected impervious areas, and minimizing disturbance of soils and vegetation. Structural BMPs include: storage practices such as wet ponds and extended-detention outlet structures; filtration practices such as grassed swales, sand filters and filter strips; and infiltration practices such as infiltration basins and infiltration trenches. In many cases combinations of nonstructural and structural measures will be required to reduce water quality impacts.
5. Nonstructural and structural BMPs most applicable to the development projects are included in “A Planner’s Guide to Conditions of Approval and Standard Mitigation Measures.” Additional guidance on best management practices is available from the State, the EPA and from other sources such as BASMAA “Starting at the Source.” Stormwater technologies are constantly being improved, and staff and developers must be responsive to any changes, developments or improvements in control technologies. (Ord. 2014-01 § 1 (Exh. A), 2014; Ord. 2013- 04 (Exh. A), 2013; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.43.020 Applicability.
All properties within the City of Carmel are located within the coastal zone as defined in the California Coastal Act and are subject to the policies, standards and provisions contained in the certified LCP that may apply. Where any standard provided in this chapter conflicts with any other policy or standard contained in the City’s General Plan, Zoning Code or other City-adopted plan, resolution or ordinance not included in the certified Carmel LCP, and it is not possible for the development to comply with both the Carmel LCP and other plans, resolutions or ordinances, the Attachment 1
policies, standards or provisions of the LCP shall take precedence consistent with the hierarchy established in CMC
17.02.090. (Ord. 2014-01 § 1 (Exh. A), 2014; Ord. 2013-04 (Exh. A), 2013; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.43.030 Application Submittal Requirements.
A. For all projects requiring implementation of an erosion and drainage control plan (subsection (A)(1) of this section), water quality mitigation plan (subsection (D) of this section), or stormwater management plan, the following information shall be submitted with an application for a coastal development permit according to the requirements listed below.
1. Construction Phase Requirements – Erosion and Drainage Control Plan. All development permit applications involving alterations to existing buildings or site design, or construction of new buildings that meet the criteria below shall include a site-specific erosion and drainage control plan. Plans shall be required for new development that (a) increases site coverage by more than five percent of the site area, or (b) involves grading that will affect drainage patterns on or off the site, or (c) involves either a rebuild or construction of a new building. The erosion and drainage control plan shall include a site specific erosion control plan that includes controls on grading (i.e., timing and amounts), best management practice for staging, storage, and disposal of construction materials, design specification of sedimentation basins and landscaping/revegetation of graded or disturbed areas. The plans shall also include as site specific polluted runoff control plan that demonstrates how runoff will be diverted from impermeable surfaces into permeable areas of the property in a nonerosive manner and filter and infiltrate stormwater prior to conveyance off-site.
2. Post-Construction Phase Requirements – Site Design and Source Control Measures. Post-construction plans detailing how stormwater and polluted runoff will be managed or mitigated should be included in the design of all projects that require an erosion and drainage control plan (subsection (A)(1) of this section). Project submittals shall include details regarding how the project will use appropriate site design and source control BMPs to minimize adverse effects of the project on water quality.
3. Water Quality Mitigation Plan. For development which does not mitigate impacts to water quality using site design and source control measures and for certain special categories of development (see subsection (E) of this section) a water quality mitigation plan will be required showing how treatment control (or structural) BMPs will be used (in addition to site design and source control BMPs) to minimize the discharge of polluted runoff from the project.
B. All development that requires an erosion and drainage control plan shall require the implementation of appropriate site design and source control BMPs from subsection (D) of this section and Section 3.0 of the City’s LID Guidance Manual in Appendix I to this chapter to minimize post-construction polluted runoff. The project plans submitted with the permit application should also specify any treatment control or structural BMPs that the applicant elects to include in the development to minimize post-construction polluted runoff, and include the operation and maintenance plans for these BMPs.
C. Less Than Significant Impacts. The following land uses and projects are generally presumed to have a less than significant project-specific water quality impact. These include redevelopment projects that reduce the amount of Attachment 1
impervious surfaces on the site, do not change the land use or potential pollutants and are not one of the categories of development requiring a WQMP; and new development and redevelopment projects that incorporate into the project design construction BMPs for erosion, sediment and construction waste control and incorporate post-construction BMPs to protect sensitive riparian or wetland resources, reduce the quantity of runoff, and treat runoff generated by the project to pre-project levels.
D. Post-Construction Phase Requirements – Water Quality Mitigation Plan. Plans detailing how stormwater and polluted runoff will be managed or mitigated will be required for all projects that require an erosion and drainage control plan. The basic design elements for all projects (see subsection (B) of this section) will demonstrate how the project will use appropriate site design and source control BMPs to minimize adverse effects of the project on water quality. For certain categories of development a water quality mitigation plan will be required showing how treatment control (or structural) BMPs will be used (in addition to site design and source control BMPs) to minimize the discharge of polluted runoff from the project.
A water quality mitigation plan (WQMP) shall be required for all development that requires an erosion and drainage control plan and either fails to address water quality impact using site design and source control measures or is in a category of development identified below. In addition to the site design and source control BMPs required for a stormwater management plan, the WQMP shall include treatment control (or structural) BMPs identified in Section 4.0 of the City’s LID Guidance Manual in Appendix I to this chapter to minimize post-construction polluted runoff. The WQMP shall also include the operation and maintenance plans for these BMPs.
E. Special Categories of Development. A WQMP shall be required for projects that fall into one or more of the following categories of development and are not able to meet the appropriate treatment controls for the specific pollutants associated with those development types as set forth in the City’s LID Guidance Manual in Appendix I to this chapter as part of the design:
1. Industrial/commercial development;
2. Restaurants;
3. Retail gasoline outlets/automotive service facilities;
4. Parking lots (5,000 square feet or more of impervious surface area or with 25 or more parking spaces)/outdoor storage areas;
5. Projects that discharge to an environmentally sensitive area (ESA) or coastal water. Such projects are defined as being all development and redevelopment located within or directly adjacent to or discharging directly to an environmentally sensitive area (where discharges from the development or redevelopment will enter receiving waters within the environmentally sensitive area). “Directly adjacent” means situated within 200 feet of the environmentally sensitive area. “Discharging directly to” means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or redevelopment site, and not commingled with flows from adjacent lands.
Attachment 1
F. CEQA. Provisions of this section shall be complementary to, and shall not replace, any applicable requirements for stormwater mitigation required under the California Environmental Quality Act or Chapter 17.42 CMC. (Ord. 2014-01 § 1 (Exh. A), 2014; Ord. 2013-04 (Exh. A), 2013; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.43.040 BMP Maintenance and Conditions of Transfer.
All applicants shall provide verification of maintenance provisions for structural and treatment control BMPs, including but not limited to legal agreements, covenants, CEQA mitigation requirements, and conditional use permits.
Verification at a minimum shall include:
A. The developer’s signed statement accepting responsibility for maintenance until the responsibility is legally transferred; and either
B. A signed statement from the public entity assuming responsibility for structural and treatment control BMP maintenance and that it meets all local agency design standards; or C. Written conditions in the sales or lease agreement, which require the recipient to assume responsibility for maintenance and conduct a maintenance inspection at least once a year; or D. Written text in project conditions, covenants, and restrictions (CCRs) for residential properties assigning maintenance responsibilities to the homeowners association for maintenance of the structural and treatment control BMPs; or
E. Any other legally enforceable agreement that assigns responsibility for the maintenance of post-construction structural and treatment control BMPs. (Ord. 2014-01 § 1 (Exh. A), 2014; Ord. 2013-04 (Exh. A), 2013; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.43.050 Water Quality Checklist.
A water quality checklist will be developed by the City and used to supplement the CEQA checklist in the permit review process to assess potential water quality impacts and appropriate mitigation measures. (Ord. 2014-01 § 1 (Exh. A), 2014; Ord. 2013-04 (Exh. A), 2013; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.43.060 Development Standards.
A. BMP Requirements and Implementation. All development shall be evaluated for potential adverse impacts to water quality and the applicant shall consider site design, source control and treatment control BMPs in order to minimize polluted runoff and water quality impacts resulting from the development. A SWMP requires the implementation of site design and source control BMPs, as specified in CMC 17.43.030(B), and a WQMP requires the implementation of site design, source control and treatment control BMPs, as specified in CMC 17.43.030(C). In order to maximize the reduction of water quality impacts, BMPs should be incorporated into the project design in the following progression:
(1) site design BMPs, (2) source control BMPs, and (3) treatment control BMPs. Examples of these BMPs can be found in the City’s LID Guidance Manual in Appendix I to this chapter.
B. BMP Selection Process. In selecting BMPs to incorporate into the project design, the applicant should first identify the pollutants of concern that are anticipated to be generated as a result of the development. The City’s LID Guidance Manual in Appendix I to this chapter should be used as a guide in identifying these pollutants of concern. Pollutants Attachment 1
generated by the development that exhibit one or more of the following characteristics shall be considered primary pollutants of concern:
1. Current loadings or historical deposits of the pollutant are impairing the beneficial uses of a receiving water.
2. Elevated levels of the pollutant are found in water or sediments of a receiving water and/or have the potential to be toxic to or bioaccumulate in organisms therein.
3. Inputs of the pollutant are at a level high enough to be considered potentially toxic.
Site design and source control BMPs are required based on pollutants commonly associated with the project type, as identified in Tables 1 and 2 of Attachment 3 of the City’s LID Guidance Manual in Appendix I to this chapter. BMPs that minimize the identified pollutants of concern may be selected from the examples in Table 3 of Attachment 3 of the City’s LID Guidance Manual in Appendix I to this chapter and CMC 17.43.070, targeting primary pollutants of concern first. In the event that the implementation of a BMP listed in the City’s LID Guidance Manual in Appendix I to this chapter or CMC 17.43.070 is determined to be infeasible at any site, the implementation of other BMPs that will achieve the equivalent reduction of pollutants shall be required.
Treatment control BMPs should be selected using the matrix in Table 3 of Attachment 3 of the City’s LID Guidance Manual in Appendix I to this chapter as guidance to determine the removal efficiency of the BMP for the pollutants of concern for that project. Treatment control BMPs that maximize pollutant removal for the identified primary pollutants of concern should receive priority for BMP selection, followed by BMPs that maximize pollutant removal for all other pollutants of concern identified for the project. The most effective combination of BMPs for polluted runoff control that results in the most efficient reduction of pollutants shall be implemented. The applicant may select from the list of BMPs in the City’s LID Guidance Manual in Appendix I to this chapter. In the event that the implementation of a BMP listed in the City’s LID Guidance Manual in Appendix I to this chapter is determined to be infeasible at any site, the implementation of other BMPs that will achieve the equivalent reduction of pollutants shall be required.
C. Sizing of Treatment Control BMPs. Where post-construction treatment controls are required, the BMPs (or suites of BMPs) shall be designed in accordance with the requirements contained in the City’s LID Guidance Manual in Appendix I to this chapter to infiltrate and/or treat the amount of stormwater runoff that will come from the project site, with an appropriate safety factor (i.e., two or greater), for flow-based BMPs.
The term “treatment” includes physical, biological and chemical processes such as filtration, the use of bioswales, detention and retention ponds and adsorption media. The actual type of treatment should be suited to the pollutants generated by the development as indicated in the City’s LID Guidance Manual in Appendix I to this chapter.
D. Development on Steep Slopes. Specific requirements for development on steep slopes are contained in Section
2.5.2 of the LID Guidance Manual in Appendix I to this chapter.
E. Cumulative Impacts. Because of the City’s designation under the Phase II NPDES regulations, all discretionary projects (except those that do not result in a physical change to the environment) within the urbanized area whose contributions are cumulatively considerable must implement one or more best management practices to reduce their Attachment 1
contribution to the cumulative impact. (Ord. 2014-01 § 1 (Exh. A), 2014; Ord. 2013-04 (Exh. A), 2013; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.43.070 Development-Specific Design Standards.
A. Commercial Development. Commercial development shall be designed to control the runoff of pollutants from structures, parking and loading areas. The following general measures shall be implemented to minimize the impacts of commercial development on water quality. Specific requirements for commercial development are contained in the City’s LID Guidance Manual in Appendix I to this chapter.
1. Properly Design Loading/Unloading Dock Areas. Loading/unloading dock areas have the potential for material spills to be quickly transported to the stormwater conveyance system.
2. Properly Design Repair/Maintenance Bays. Oil and grease, solvents, car battery acid, coolant, and gasoline from repair and maintenance bays can negatively impact stormwater if allowed to come into contact with stormwater runoff.
3. Properly Design Vehicle/Equipment Wash Areas. The activity of vehicle/equipment washing/steam cleaning has the potential to contribute metals, oil and grease, solvents, phosphates, and suspended solids to the stormwater conveyance system.
4. Properly Design Parking Areas and Parking Lots. Parking areas and parking lots contain pollutants such as heavy metals, oil and grease, and polycyclic aromatic hydrocarbons that are deposited on parking lot surfaces by motor vehicles. These pollutants are directly transported to surface waters. Parking lots may also accumulate oil, grease, and water insoluble hydrocarbons from vehicle drippings and engine system leaks.
B. Restaurants. Restaurants shall be designed to minimize runoff of oil and grease, solvents, phosphates, and suspended solids to the storm drain system.
C. Gasoline Stations and Automotive Repair Facilities. Gasoline stations and automotive repair facilities shall be designed to minimize runoff of oil and grease, solvents, car battery acid, coolant and gasoline to stormwater system.
D. Outdoor Material Storage Areas. Outdoor material storage areas refer to storage areas or storage facilities used solely for the storage of materials. Improper storage of materials outdoors may provide an opportunity for toxic compounds, oil and grease, heavy metals, nutrients, suspended solids, and other pollutants to enter the stormwater conveyance system.
E. Trash Storage Areas. A trash storage area refers to an area where a trash receptacle or receptacles are located for use as a repository for solid wastes. Loose trash and debris can be easily transported by the forces of water or wind into nearby storm drain inlets, channels, and/or creeks. (Ord. 2014-01 § 1 (Exh. A), 2014; Ord. 2013-04 (Exh. A), 2013; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.43.080 Single-Family Residential.
To mitigate the increased runoff rates from single-family residences due to new impervious surfaces, new and remodel projects which need an erosion and drainage control plan shall include design elements which accommodate on-site Attachment 1
percolation, retention or collection of stormwater runoff such that the peak runoff rate after development either meets the eighty-fifth percentile storm event criterion or does not exceed predevelopment runoff levels to the maximum extent practicable, and that runoff that will come from the project site meets the applicable requirements contained in the City’s LID Guidance Manual in Appendix I to this chapter. BMPs (including those outlined in the California Stormwater Best Management Practice Handbooks) which may achieve this objective fit into these categories:
A. Minimizing impervious areas;
B. Increase rainfall infiltration;
C. Minimize directly connected impervious areas (DCIAs). (Ord. 2014-01 § 1 (Exh. A), 2014; Ord. 2013-04 (Exh. A), 2013; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
Appendix I Low Impact Development Guidance Manual.
1.0 INTRODUCTION
1.1 Purpose
This Low Impact Development Guidance Manual (Manual) is intended for use by project developers such as architects, engineers, and building contractors, in designing and constructing projects within the City of Carmel-by-the-Sea (City) to comply with the City’s Low Impact Development (LID) requirements. City staff involved in reviewing plans and issuing permits for a project will use this Manual to determine whether or not the project has been designed to meet these requirements.
1.2 Background
Discharges from the City’s storm drainage system are regulated under a National Pollutant Discharge Elimination System (NPDES) permit issued by the Central Coast Regional Water Quality Control Board (RWQCB) of the State of California. The initial NPDES permit was called the “General Permit for the Discharge of Storm Water from Small Municipal Separate Storm Sewer Systems, Order No. 2003- 0005-DWQ.” The City became subject to this permit on May 1, 2008. The RWQCB periodically revises its overall storm drainage requirements and imposes them on dischargers by reissuing its General Permit under a new Order number, or by issuing specific requirements to dischargers.
This Low Impact Development Guidance Manual reflects the “Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region” adopted by the RWQCB on September 6, 2012. These are referred to herein as the “RWQCB Post-Construction Requirements.”
A condition of compliance under the NPDES permit is that the City implements its Storm Water Management Program. One of the Staterequired components of that Program is to develop and implement a set of Best Management Practices (BMPs) to reduce storm water runoff and storm water pollution emanating from new development and redevelopment projects located within the City. This is accomplished by using the LID concepts described in this Manual during the design and construction of those projects.
LID is a development approach that (1) reduces the amount of storm water runoff by retaining a portion of the storm water on the project site where it can infiltrate into the ground or be released in a controlled manner, and (2) in some instances reduces the amount of pollutants in storm water through natural or manmade treatment processes, so that these discharges do not cause or contribute to a violation of receiving water quality standards established by the RWQCB.
1.3 Authority
Chapters 17.10, 17.34, 17.42, 17.43, and 17.70 of the Carmel-by-the-Sea Municipal Code (CMC) establish certain of the BMP requirements described in this Manual. For ease of reference, citations from sections of these Chapters are designated herein as (§xx.xx.xxx). In addition, on November 3, 2009 the City Council adopted a document titled “BMP Guidance Series” contained in Appendix J to Chapter 17.43 CMC as official City policies pertaining to storm water pollution prevention from new development and redevelopment Attachment 1
projects. Requirements taken from that document are designated herein as (BGS). The City may from time to time update the BMP Guidance Series by revising or adding to the requirements contained in that document.
The City has adopted the requirements described in this Manual to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants as defined by Chapter 17.43 of the CMC. The City will incorporate these requirements into any construction or building-related permit to be issued for the development or redevelopment. (§17.42.020) The purpose of the requirements in Chapter 17.43 is to protect and enhance coastal waters within the City in accordance with the policies of the City’s Local Coastal Plan, the California Coastal Act, and the City’s NPDES permit requirements, and to ensure that permitted development shall be sited and designed to conserve natural drainage features and vegetation, minimize the introduction of pollutants into coastal waters to the maximum extent practicable, limit the discharge of stormwater runoff, and protect the overall quality of coastal waters and resources. (§17.43.010)
1.4 LID BMP Implementation Tracking
In order to facilitate the design review and permitting process, when the plans for a project are submitted to the City they should include a completed copy of the “BMP Implementation Tracking Form” contained in Attachment 1. The plans should also show the locations of the BMPs that have been incorporated into the design of the project.
1.5 Definitions
The terms in this Section are defined as they apply in this LID Guidance Manual.
Hillside: Hillside means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is 25% or greater.
Impermeable or Impervious Surface: These terms are used interchangeably in this LID Guidance Manual. Impermeable surface is defined in Chapter 17.70 of the City’s Municipal Code to mean a surface artificially constructed so as to prevent or largely inhibit the infiltration of rainwater or runoff into the natural soils or underlying geologic materials. Impervious surface is defined in the RWQCB’s Post-Construction Requirements to mean a hard, non-vegetated surface area that prevents or significantly limits the entry of water into the soil mantle, as would occur under natural conditions prior to development. Common impervious/impermeable surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater.
Net Impervious Area: The sum of new and replaced post-project impervious areas, minus any reduction in total imperviousness from the pre-project to post-project condition: Net Impervious Area = (New and Replaced Impervious Area) – (Reduced Impervious Area Credit), where Reduced Impervious Area Credit is the total pre-project to post-project reduction in impervious area, if any.
New Development: Land disturbing activities that include the construction or installation of buildings, roads, driveways and other impervious surfaces. Development projects with pre-existing impervious surfaces are not considered New Development.
Permeable or Pervious Surface: A surface that allows varying amounts of stormwater to infiltrate into the ground. Examples include pasture, native vegetation areas, landscape areas, and permeable pavements designed to infiltrate. Permeable pavements include pavers which are set in sand so that water can percolate between the pavers, such as those commonly used for patios, walkways, and driveways.
Redevelopment: On a site that has already been developed, construction or installation of a building or other structure subject to the City’s planning and building authority including: 1) the creation or addition of impervious surfaces; 2) the expansion of a building footprint or addition or replacement of a structure; or 3) structural development including construction, installation or expansion of a building or other structure. It does not include routine road maintenance, nor does it include emergency construction activities required to immediately protect public health and safety.
Regulated Projects: Regulated Projects include all New Development or Redevelopment projects that create and/or replace >2,500 square feet of impervious surface (collectively over the entire project site).
Steep Slopes: Has the same meaning as “Hillside”.
Attachment 1
1.6 Exception Discharges
Discharges of other than storm water to waters shall be effectively prohibited, except for the following non-storm water discharges which are not prohibited, provided any pollutant discharges are identified and appropriate control measures to minimize the impacts of such discharges are developed and implemented. This provision does not obviate the need to obtain any other appropriate permits for such discharges:
a. Water line flushing;
b. Individual residential car washing;
c. Diverted stream flows;
d. Rising ground waters;
e. Uncontaminated ground water infiltration (as defined at 40 C.F.R. §35.2005(20)) to separate storm sewers; f. Uncontaminated pumped ground water;
g. Discharges from potable water sources;
h. Foundation drains;
i. Air conditioning condensation;
j. Springs;
k. Water from crawl space pumps;
l. Footing drains;
m. Flows from riparian habitats and wetlands;
n. Dechlorinated swimming pool discharges; and
o. Incidental runoff of potable or recycled water from landscaped areas (as defined and in accordance with section B.4 of this Order).
Discharges or flows from fire-fighting activities are excluded from the effective prohibition against non-storm water and need only be addressed where they are identified as significant sources of pollutants to waters of the U.S. If the City determines that any individual or class of non-storm water discharge(s) listed above may be a significant source of pollutants to waters of the U.S., or poses a threat to water quality standards (beneficial uses), the City may require the discharger to monitor and submit a report and to implement BMPs on the discharge.
2.0 DESIGN
2.1 Selection of BMPs
In selecting BMPs to incorporate into the project design, the applicant should first identify the pollutants of concern that are anticipated to be generated as a result of the development. Table 1 in Attachment 3 should be used as a guide in identifying these pollutants of concern. Pollutants generated by the development that exhibit one or more of the following characteristics will be considered the primary pollutants of concern:
1. Current loadings or historical deposits of the pollutant are impairing the beneficial uses of a receiving water.
2. Elevated levels of the pollutant are found in water or sediments of a receiving water and/or have the potential to be toxic to or bioaccumulate in organisms therein.
3. Inputs of the pollutant are at a level high enough to be considered potentially toxic.
2.1.1 Site Design and Source Control BMPs. Site design and source control BMPs should be selected based on pollutants commonly associated with the project type, as identified in Table 1 of Attachment 3. BMPs that minimize the identified pollutants of concern should Attachment 1
be selected from the matrix in Table 2 of Attachment 3. In the event that the implementation of a BMP listed in Table 2 of Attachment 3 is determined to be infeasible at any site, the implementation of other BMPs that will achieve the equivalent reduction of pollutants will be required.
2.1.2 Treatment Control BMPs. In many cases proper application of appropriate site design and source control BMPs will meet the City’s LID requirements, and treatment control BMPs will not be necessary. However, when site design and source control BMPs are not adequate, treatment control BMP(s) will be necessary. Treatment control BMPs should be selected from the matrix in Table 3 of Attachment 3 as guidance to determine the removal efficiency of the BMP for the pollutants of concern for that project. Treatment control BMPs that maximize pollutant removal for the identified primary pollutants of concern should receive priority for BMP selection, followed by BMPs that maximize pollutant removal for all other pollutants of concern identified for the project. The most effective combination of BMPs for polluted runoff control that results in the most efficient reduction of pollutants should be implemented. In the event that the implementation of a BMP listed in the matrix in Table 3 of Attachment 3 is determined to be infeasible on the project site, the implementation of other treatment control BMP(s) that will achieve the equivalent reduction of pollutants will be required.
Where treatment controls are required, the BMPs (or suites of BMPs) shall be designed to infiltrate and/or treat the amount of stormwater runoff as follows:
1. For volume-based BMPs, the amount of storm water runoff produced by the eighty-fifth percentile, 24-hour storm event, based on local rainfall data.
2. For flow-based BMPs, two times the amount of storm water runoff produced by the eighty-fifth percentile, one-hour storm event, based on local rainfall data.
3. Limited Exclusion: Restaurants and retail gasoline outlets where the land area for development or redevelopment is less than 5,000 square feet are excluded from these volume- and flow-based numerical treatment control BMP design standards.
The term “treatment” includes physical, biological and chemical processes such as filtration, the use of bioswales, detention and retention ponds and adsorption media. The actual type of treatment should be suited to the pollutants generated by the development as indicated in Table 1 of Attachment 3.
Descriptions of commonly used treatment control BMPs are contained in Attachment 2. Detailed design information for treatment control BMPs, and examples, can be found in Sections 2 through 5 of the CASQA Handbook, and in Appendices C through E of the Santa Barbara Manual, both of which are described in Section 6.0 of this Manual.
At its discretion and for good cause, the City may waive one or more of the requirements pertaining to treatment control BMPs if impracticability for a specific property can be established. A waiver of impracticability will be granted only when all other treatment control BMPs have been considered and rejected as infeasible. Recognized Potential situations of impracticability may include, (i) extreme limitations of space for treatment on a project site, (ii) unfavorable or unstable soil conditions making a site unsuitable for infiltration, and (iii) risk of ground water contamination because a known unconfined aquifer lies beneath the land surface or an existing or potential underground source of drinking water is less than 10 feet from the soil surface. A waiver may be revoked for cause and with proper notice. A waiver of requirements may be subject to prior approval by the RWQCB, depending on the type of requirement being waived.
2.2 Watercourse Protection
Watercourses located on private property are required to be kept free of trash, debris, excessive vegetation, stagnant pools of water and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse to the extent required by the City. Healthy bank vegetation should not be removed beyond that actually necessary for maintenance, nor should such vegetation be removed in a manner which increases the vulnerability of the watercourse to erosion. The property owner is responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines to protect against erosion and degradation of the watercourse on-site and downstream. Property owners shall select “Soft Engineered” techniques when possible for maintaining and stabilizing stream banks. (§17.42.020).
2.3 Landscaping Requirements
In order to protect and enhance the City’s urbanized forest and landscaped amenities, to protect environmentally sensitive habitat areas from degradation, to provide for the restoration of native vegetation, and to promote water conservation the following landscaping requirements will be imposed on new development and redevelopment projects. (§17.34.010) Attachment 1
These requirements apply to all new development or substantial alteration of existing development proposed on private property anywhere in the City. (§17.34.020)
2.3.1 Plantings:
2.3.1.1 All Sites (§17.34.060):
1. In order to reduce the potential for irrigation run-off that could contribute to storm water pollution, a minimum of 75 percent of new plant materials on the project site shall be native plants and/or noninvasive drought-tolerant plants as determined by the City Forester.
2. All plants within landscaped areas on any public right-of-way adjacent to private property shall be drought-tolerant and low water use predominantly native species as determined by the City Forester.
3. A minimum of 75 percent of new plant materials in all open space areas on project sites in the commercial, R-4, and R-1 districts shall be planted with drought-tolerant and low water use species as determined by the City Forester.
2.3.1.2 Residential Sites (§17.34.070):
1. All properties located in the R-1 or R-4 district shall contribute to the urbanized forest or other vegetation characteristic of the neighborhood by harboring an appropriate mix of upper and lower canopy trees and/or shrubs consistent with the neighborhood context and the neighborhood streetscape.
2. Landscaping in public rights-of-way in the R-1 district shall be limited to native, drought-tolerant plants.
2.3.1.3 Commercial Sites (§17.34.080):
1. In all commercial districts a minimum of 50 percent of the required open space on the project site shall be landscaped. The combined total area of nonliving materials such as garden benches, water features and patterned paving treatments shall not comprise more than 25 percent of the required landscaping on the site. All landscaping improvements shall include upper canopy trees on-site and/or in the sidewalk in front of the property whenever possible.
2. Building sites incorporating surface parking lots shall include at least 15 percent of the site area in landscaping. To help reduce runoff into the City’s storm drainage system, landscaping shall be distributed along all street frontages and pedestrian walkways that are adjacent to parking areas. Landscaping shall also be provided within the interior of surface lots to break up large expanses of paving.
Parking lots with four or more vehicles shall provide interior landscaping of at least 10 square feet per vehicle.
2.3.2 Materials of Construction (§17.34.060):
1. Use of materials that allow for percolation of rain into the soil and reduce water run-off is encouraged.
2. Paved areas shall be designed to be small, and large continuous areas of paving shall be avoided. Paved areas shall include design features such as sand-set paving and/or drainage collection and distribution systems that enhance surface water percolation.
3. Landscaping plans for projects in any zoning district shall, where feasible, include the use of water retention storage devices such as cisterns or underground bladders to capture precipitation or surface runoff for landscape maintenance purposes or detention basins or berms to retain water on-site for natural percolation into the soil.
2.4 Impermeable Site Coverage (§17.10.030)
These requirements apply to all new development, or substantial alteration of existing development, proposed on private property anywhere in the City.
1. Impermeable site coverage, which is defined in Chapter 17.70 of the City’s Municipal Code to mean a surface artificially constructed so as to prevent or largely inhibit the infiltration of rainwater or runoff into the natural soils or underlying geologic materials as defined in Section 1.5, shall be limited to a maximum of 22% of the base floor area allowed for the site. Allowable base floor areas for typical lot sizes are contained in Table 17.10-D of the CMC. For a typical 4,000 square-foot site the maximum allowable impermeable site coverage equals 396 square feet or approximately 10% of the site.
2. If at least 50 percent of all site coverage on the property is made of permeable or semi-permeable materials, an additional amount of site coverage of up to 4% of the site area may be allowed for use in a single driveway of up to nine feet in width.
Attachment 1
2.5 Site Design
All projects shall be designed with the objectives of minimizing the introduction of pollutants that may result in water quality impacts, and controlling post-development peak runoff rates and average volumes to maintain or reduce pre-development downstream erosion rates. (§17.43.010)
All development shall be evaluated for potential adverse impacts to water quality, and the applicant is to consider site design, source control, and treatment control BMPs in order to minimize polluted runoff and water quality impacts resulting from the development. In order to maximize the reduction of water quality impacts, BMPs should be incorporated into the project design in the following progression: (1) Site design BMPs, (2) Source control BMPs, and (3) Treatment control BMPs. (§17.43.060).
2.5.1 Performance Requirements (RWQCB Post-Construction Requirements) The RWQCB’s Post-Construction Requirements pertain to both residential and commercial types of Regulated Projects (as defined in Section 1.5). Note that some of the requirements in this Section 2.5.1 overlap with requirements in Sections 2.5.2, 2.5.3 and/or 2.5.4.
Because of the relatively small lot sizes in the City, it is expected that the majority of projects will not be subject to the RWQCB’s PostConstruction Requirements, and that only a small number of projects will be subject to Performance Requirement No. 1, which is described below.
Any project other than a detached single family home having a Net Impervious Area (as defined in Section 1.5) ≥ 5,000 square feet, or a detached single family home project having a Net Impervious Area ≥ 15,000 square feet, will be subject to the more complex requirements of Performance Requirement No. 2: Water Quality Treatment. Performance Requirement No. 2 is described in Attachment
5. Projects having a Net Impervious Area ≥ 15,000 square feet, and which are not detached single family home projects, as well as single family residences ≥ 15,000 square feet in WMZs 1, 2, 5, 6, 8, and 9, and those portions of WMZs 4, 7, and 10 that overlie designated Groundwater Basins; and all Regulated Projects over 22,500 square feet of impervious surface area in WMZs 1, 2, 3, 6, and 9 will be subject to additional requirements as described in Attachment 5.
Performance Requirement No. 1: Site Design and Runoff Reduction:
All Regulated Projects that create and/or replace ≥ 2,500 square feet of impervious surface (collectively over the entire project site), including detached single-family home projects, are required to implement at least the following design strategies:
1. Limit disturbance of creeks and natural drainage features
2. Minimize compaction of highly permeable soils
3. Limit clearing and grading of native vegetation at the site to the minimum area needed to build the project, allow access, and provide fire protection
4. Minimize impervious surfaces by concentrating improvements on the least-sensitive portions of the site, while leaving the remaining land in a natural undisturbed state
5. Minimize stormwater runoff by implementing one or more of the following site design measures:
6. Direct roof runoff into cisterns or rain barrels for reuse
7. Direct roof runoff onto vegetated areas safely away from building foundations and footings, consistent with California building code
8. Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas safely away from building foundations and footings, consistent with California building code
9. Direct runoff from driveways and/or uncovered parking lots onto vegetated areas safely away from building foundations and footings, consistent with California building code
10. Construct bike lanes, driveways, uncovered parking lots, sidewalks, walkways, and patios with permeable surfaces Attachment 1
11. The Permittee shall confirm that projects comply with Site Design and Runoff Reduction Performance Requirements by means of appropriate documentation (e.g., check lists) accompanying applications for project approval.
2.5.2 Development on Steep Slopes (§17.43.060)
In addition to the requirements in Section 2.5, project designs shall incorporate soil stabilization and infiltration practices during the construction of roads, bridges, culverts and outfalls to prevent stream bank or hillside erosion. Project plans must include the following BMPs to decrease the potential of slopes and/or channels from eroding and impacting stormwater runoff:
1. Convey runoff safely from the tops of slopes and stabilize disturbed slopes.
2. Utilize existing natural drainage systems to the maximum extent feasible.
3. Control and minimize excess flow to natural drainage systems to the maximum extent feasible.
4. Stabilize permanent channel crossings using “soft engineering” practices when possible.
5. Vegetate slopes with native or drought-tolerant vegetation.
6. Additional measures to prevent downstream erosion, such as cisterns, infiltration pits and/or contour drainage outlets that disperse water back to sheet flow, should be implemented for projects discharging onto slopes greater than 10%.
2.5.3 Residential Projects
For residential projects, in addition to the applicable requirements in Section 2.5, 17.43.080, and described elsewhere within this Manual, the following additional LID principles are to be incorporated into the design of all residential projects, as appropriate:
2.5.3.1 Small Residential Projects
For small residential projects that must only go through a ministerial review process and conform to the site zoning requirements, such as either a new single-family unit or minor modifications to an existing single family unit or a single structure, LID objectives are to be accomplished by applying the following principles to the design (§17.43.080 and BGS):
1. Use low-maintenance drought-tolerant landscaping that does not require frequent fertilizer, pesticide and herbicide application.
2. Label all storm drain inlets and catch basins within the project area with prohibitive language (such as: “NO DUMPING – DRAINS TO OCEAN”) and/or graphical icons to discourage illegal dumping.
3. Minimize areas that are directly connected to the City’s storm drainage system by directing roof gutters and other impervious areas to landscaped areas where possible. Roof drains may be eliminated only in one to two-story buildings in residential and some commercial areas. Where these cannot be eliminated, direct the downspout of the gutter to landscaped areas or into an infiltration trench. Install several gutters to distribute the flow.
4. Minimize impervious areas and increase rainfall infiltration by using alternate paving materials (pavers), landscaping, mulch, gravel and cobbles where appropriate to provide ground cover, and reduce the use of asphalt or other impervious pavement. Pavers are recommended for driveways, walkways, and patios in single-family residences if Americans with Disabilities Act (ADA) requirements do not have to be met.
2.5.3.2 Large Residential Projects
For large residential projects that must go through a discretionary design review process and which typically require a use permit or a subdivision map, LID objectives are to be accomplished by applying the following principles to the design (§17.43.010 and BGS):
1. Maintain and use existing natural drainage courses and vegetation by not filling in the natural drainage features at the site, preserving riparian areas and wetlands, maintaining invert/streambeds to maximize capacity, and providing vegetated setbacks or buffer strips outside of the maximum water surface level.
2. Conserve natural resources and areas by clustering development on the least environmentally sensitive portions of a site while leaving the remaining land in a natural, undisturbed condition.
Attachment 1
3. Protect slopes and channels from eroding and impacting storm water runoff by:
i. Conveying runoff safely from the tops of slopes and stabilizing disturbed slopes. ii. Utilizing natural drainage systems to the maximum extent practicable. iii. Stabilizing permanent channel crossings.
iv. Vegetating slopes with native or drought tolerant vegetation, as appropriate. v. Installing energy dissipaters, such as riprap, at the outlets of new storm drains, culverts, conduits, or channels that enter unlined channels
4. Minimize the amount of directly connected impervious surface and total area of impervious surface.
5. Minimize the length of driveways and avoid installing curb and gutter along driveways and streets where appropriate, so that runoff from these areas can flow into adjacent landscaped or other permeable areas.
6. In low-traffic areas, reduce sidewalk widths as much as possible while still being in compliance with ADA requirements.
7. Incorporate or connect to existing on-site retention and infiltration measures.
8. Direct rooftop runoff to permeable areas rather than driveways or impervious surfaces to reduce the amount of stormwater leaving the site.
9. Minimize clearing and grading, and set aside open space to the extent feasible.
10. Use alternate paving materials (e.g., porous asphalt, pervious concrete, and pavers), landscaping, mulch, gravel and cobbles where appropriate to provide ground cover, and reduce the use of asphalt or other impervious pavement. Pavers are recommended for driveways, walkways, and patios in single-family residences if ADA requirements do not have to be met. In non-residential areas, pavers are recommended for emergency access roads, overflow parking areas, and non-handicapped parking stalls, keeping in mind that some types of alternate paving materials may not be suitable where heavy loads such as trucks.
11. In new residential areas reduce street width by eliminating on-street parking (where such actions do not pose a safety hazard). In addition to reducing the impervious area, this control has the added benefit of removing cars from streets and making street sweeping easier and more effective. If on-street parking in residential areas is eliminated, the developer must provide adequate off-street visitor parking.
12. If alleys are included in a proposed development, width should be minimized or alternate paving materials should be used.
13. Provide green areas in new residential developments where people can walk their pets and keep pet excrement away from sidewalks and streets where it may contribute to storm water pollution.
14. Install landscaping or other cover materials to minimize erosion from graded surfaces. Promote the use of natural vegetation by using parking lot islands and other landscaped areas. Use of native plant materials is recommended because native plants require less maintenance and irrigation. Since native plants take longer to cover slopes, during the first few years supplemental protection (erosion blanket, mulch, etc.) may be necessary.
15. Use low-maintenance landscaping that does not require frequent fertilizer, pesticide and herbicide application.
16. Label all storm drain inlets and catch basins within the project area with prohibitive language (such as: “NO DUMPING – DRAINS TO OCEAN”) and/or graphical icons to discourage illegal dumping. Legibility of stencils and signs must be maintained.
17. Where possible, eliminate gutters/roof drains or direct runoff to landscaped areas. Roof drains can be eliminated only in one to twostory buildings. Where these cannot be eliminated, direct the downspout of the gutter to landscaped areas or into an infiltration trench.
Install several gutters to distribute the flow.
18. In new residential developments involving more than 50 units, construct a designated vehicle wash area so that the runoff from vehicle washing can be property treated and/or disposed. Contact the local wastewater authority to determine if the discharge can be plumbed to the sanitary sewer. If not, provide appropriate treatment and disposal of this runoff.
Attachment 1
19. Grade and pave outdoor waste receptacle areas to prevent run-on of storm water, and install a low containment berm around it.
Alternately, construct a covered enclosure with wash-down capabilities plumbed into the sanitary sewer, after first contacting the local wastewater authority to verify that this practice will be acceptable.
2.5.4 Commercial Projects
For commercial projects, in addition to the applicable requirements in Section 2.5 and described elsewhere within this Manual, the following LID principles are to be incorporated into the design of all commercial projects, as appropriate (§17.43.070 and BGS):
2.5.4.1 Commercial Developments – General Requirements
2.5.4.1.1 Loading/Unloading Dock Areas
1. Shall be covered or designed to minimize run-on and runoff of stormwater.
2. Shall have no direct connections to storm drains from depressed loading docks (truck wells).
3. Should have valve(s) on storm drain inlets receiving runoff from non-depressed loading docks to control runoff in the event of spills.
2.5.4.1.2 Vehicle/Equipment Washing/Steam Cleaning Areas
1. Shall be self-contained and/or covered.
2. Shall be equipped with a clarifier or other pretreatment facility.
3. Shall be properly connected to a sanitary sewer.
2.5.4.1.3 Parking Areas and Parking Lots
1. Shall be designed to minimize impervious surface land coverage.
2. Shall be designed to infiltrate runoff as much as feasible before it reaches the storm drain system.
3. Parking lots that are heavily used, e.g. lots with 25 or more parking spaces, performing arts parking lots, shopping malls, or grocery stores shall have treatment controls installed to treat any remaining runoff before it reaches the storm drain system. The treatment controls shall be designed to remove oil and petroleum hydrocarbons, and shall be operated and maintained to ensure that sludge and oil is removed at a frequency that will prevent the treatment controls from fouling or plugging.
4. If feasible, build underground or multi-story parking structures so that not only is impervious surface minimized but the parking surfaces are under a roof and not exposed to storm water.
5. Where possible use cooperative or shared parking. This may be a cooperative effort between commercial entities or between commercial entities and the City.
2.5.4.1.4 Outdoor Material Storage Areas (areas or facilities used solely for the storage of materials)
1. Shall be designed to prevent stormwater contamination from stored materials.
2. Where outdoor areas for storage of materials are included that may contribute pollutants to the stormwater conveyance system, those materials shall be placed in an enclosure such as a cabinet, shed or similar structure that prevents contact with runoff or spillage to the stormwater conveyance system, or shall be protected by secondary containment structures such as berms, dikes or curbs.
3. Shall be paved and sufficiently impervious to contain leaks and spills.
4. Shall have a roof or awning to minimize collection of stormwater within the secondary containment area.
2.5.4.1.5 Trash Storage Areas (areas where a trash receptacle or receptacles are located for use as a repository for solid wastes):
1. Shall be designed to prevent stormwater contamination by loose trash and debris.
2. Shall have drainage from adjoining roofs and pavement diverted around the area(s).
Attachment 1
3. Shall be screened or walled to prevent off-site transport of trash.
2.5.4.2 Restaurants – Additional Specific Requirements
1. Shall be designed to minimize runoff of oil and grease, solvents, phosphates, and suspended solids to the storm drain system.
2. Shall include an area for the washing/steam cleaning of equipment and accessories and which is self-contained, equipped with a grease trap, and properly connected to a sanitary sewer. If the wash area is to be located outdoors, it must be covered, paved, and have secondary containment which is connected to the sanitary sewer.
2.5.4.3 Retail Gasoline Outlets and Automotive Repair Facilities – Additional Specific Requirements
2.5.4.3.1 Fuel Dispensing Area
1. Shall be covered with an overhanging roof structure or canopy. The canopy’s minimum dimensions must be equal to or greater than the area within the grade break. The canopy must not drain onto the fuel dispensing area, and the canopy downspouts must be routed to prevent drainage across the fueling area. As an alternative, the site must be served by an oil/water separator or other source or treatment control BMPs that will achieve equivalent mitigation.
2. Shall be paved with Portland cement concrete (or equivalent smooth impervious surface). The use of asphalt concrete is not allowable.
3. Shall have a 2% to 4% slope to prevent ponding, and must be separated from the rest of the site by a grade break that prevents run-on of stormwater to the extent practicable.
4. Shall at a minimum extend 6.5 feet (2.0 meters) from the corner of each fuel dispenser, or the length at which the hose and nozzle assembly may be operated plus one foot (0.3 meter), whichever is less.
2.5.4.3.2 Repair/Maintenance Bays
1. Shall be indoors or designed in such a way that does not allow stormwater runoff or contact with stormwater runoff.
2. Shall have drainage systems designed to capture all wash water, leaks, and spills.
3. Shall have drains connected to a sump for collection and disposal.
4. Shall have no direct connections to the storm drain system.
5. Shall be covered by a State-issued Industrial Waste Discharge Permit, if so-required by the RWQCB.
3.0 EROSION AND DRAINAGE CONTROL PLANS (§17.43.030)
An Erosion and Drainage Control Plan (EDCP) to minimize during- and post-construction polluted runoff containing the following information shall be included in the submitted design plans for new development that (a) increases site coverage by more than five percent of the site area, or (b) involves grading that will affect drainage patterns on or off the site, or (c) involves either a rebuild or construction of a new building:
1. Site design and source control BMPs that will be implemented to minimize post-construction polluted runoff, including details regarding how the project will use these BMPs to minimize adverse effects of the project on water quality.
2. Drainage improvements (e.g., locations of infiltration basins).
3. Potential flow paths where erosion may occur after construction.
4. Methods to accommodate on-site percolation, revegetation of disturbed portions of the site, address on-site and/or off-site impacts and construction of any necessary improvements.
5. Storm drain pollution prevention measures including all construction elements and BMPs to address the following goals in connection with both construction and long-term operation of the site:
1) Maximize on-site retention and infiltration measures including directing rooftop runoff to permeable areas rather than driveways.
Attachment 1
2) Maximize, to the extent practicable, the percentage of permeable surfaces and limit impervious areas that are directly connected to the City’s storm drainage system in order to allow more percolation of runoff into the ground.
4.0 WATER QUALITY MITIGATION PLANS (§17.43.030 AND BGS) A Water Quality Mitigation Plan (WQMP) is required for any project which requires an EDCP and which either:
(1) Fails to adequately address water quality impacts using appropriate site design and source control measures, or (2) Is in one of the following categories of development:
1. Single-Family Hillside Residences. Hillside means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent or greater.
2. Industrial/Commercial Developments.
3. Automotive Repair Shops.
4. Retail Gasoline Outlets.
5. Restaurants.
6. Home Subdivisions with 10 or more housing units
7. Parking lots 5,000 square feet or more of impervious surface area or with 25 or more parking spaces and potentially exposed to storm water runoff
8. Projects that discharge to an Environmentally Sensitive Area (ESA) or coastal water. Such projects are defined as being all development and redevelopment located within or directly adjacent to or discharging directly to an environmentally sensitive area (where discharges from the development or redevelopment will enter receiving waters within the environmentally sensitive area). “Directly adjacent” means situated within 200 feet of the environmentally sensitive area. “Discharging directly to” means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or redevelopment site, and not commingled with flows from adjacent lands.
In addition to the site design and source control BMPs being provided in the project, the WQMP shall include treatment control BMPs identified in Table 3 of Attachment 3 to minimize post-construction runoff of the types of pollutants listed in Table 1 of Attachment 3, which are characteristic of this type of project. The WQMP shall also include an operation and maintenance plan for these treatment control BMPs.
The WQMP shall be certified by a California Registered Civil Engineer or Licensed Architect approved by the City, and shall include the following information:
1. Site design, source control and treatment control BMPs that will be implemented to minimize post-construction polluted runoff.
2. Pre-development peak runoff rate and average volume.
3. Drainage improvements (e.g., locations of diversions/conveyances for upstream runoff).
4. Potential flow paths where erosion may occur after construction.
5. Methods to accommodate on-site percolation, revegetation of disturbed portions of the site, address on-site and/or off-site impacts, and construction of any necessary improvements.
6. Measures to treat, infiltrate, and/or filter runoff from impervious surfaces (e.g., roads, driveways, parking structures, building pads, roofs, patios, etc.) on the subject parcel(s) and to discharge the runoff in a manner that avoids erosion on or downslope of the subject parcel, the need for upgrades to the City’s storm drainage system, discharge of pollutants (e.g., oil, heavy metals, toxics) to coastal waters, or other potentially adverse impacts. Such measures may include, but are not limited to, the use of structures (alone or in combination) such as biofilters and grasses waterways, on-site desilting basins, detention ponds, dry wells, etc.
Attachment 1
7. Where treatment controls are required, information describing how the BMPs (or suites of BMPs) have been designed to infiltrate and/or treat the amount of stormwater runoff produced by all storms as described in Section 2.1.2 of this Manual. The actual type of treatment should be linked to the pollutants generated by the development as indicated in Table 1 of Attachment 3.
8. A long-term plan and schedule for the monitoring and maintenance of all drainage-control devices. All treatment control BMPs shall be inspected, cleaned, and repaired when necessary prior to September 30th of each year. Owners of these devices will be responsible for insuring that they continue to function properly, and additional inspections should occur after storms as needed throughout the rainy season. Repairs, modifications, or installation of additional BMPs, as needed, should be carried out prior to the next rainy season. The City will determine if the treatment control BMPs require monitoring, and if so, the City must approve the monitoring program.
5.0 ONGOING MAINTENANCE OF TREATMENT CONTROL BMPS (§17.43.040 AND BGS) If a project is required to include treatment control BMPs, the applicant will be required to provide verification of maintenance provisions for these BMPs through such means as may be appropriate, including, but not limited to legal agreements, covenants, CEQA mitigation requirements and/or Conditional Use Permits. Verification at a minimum shall include the developer’s signed statement accepting responsibility for maintenance until the responsibility is legally transferred and either:
1. A signed statement from the public entity assuming responsibility for structural and treatment control BMP maintenance and that it meets all local agency design standards; or
2. Written conditions in the sales or lease agreement, which require the recipient to assume responsibility for maintenance and conduct a maintenance inspection at least once a year; or
3. Written text in project conditions, covenants, and restrictions (CCRs) for residential properties assigning maintenance responsibilities to the home owners association for maintenance of the structural and treatment control BMPs; or
4. Any other legally enforceable agreement acceptable to the City that assigns responsibility for the maintenance of post-construction structural and treatment control BMPs.
A sample form of Agreement to accomplish these objectives is contained in Attachment 4.
Printed educational materials will be required to accompany the first deed transfer to highlight the existence of the requirement and to provide information on what storm water management facilities are present, signs that maintenance is needed, and how the necessary maintenance can be performed. The transfer of this information will also be required with any subsequent sale of the property.
6.0 SOURCES OF ADDITIONAL INFORMATION
Two excellent sources of additional information on many of the site design, source control, and treatment control topics and concepts discussed in this Manual are the California Stormwater Quality Association (CASQA) “New Development and Redevelopment Handbook,” dated 2003, and the “City of Santa Barbara Storm Water BMP Guidance Manual (Technical Guidance Manual for PostConstruction Storm Water Management),” dated June 2008.
The CASQA document may be viewed and downloaded at the following website:
http://www.cabmphandbooks.com
The Santa Barbara document may be viewed and downloaded at the following website:
http://www.santabarbaraca.gov/Resident/Community/Creeks/Low_Impact_Development.htm The BGS also contains a listing of reference documents on many of these same topics, but those may or may not be accessible via the internet.
The Monterey Stormwater Education Alliance website at http://www.montereysea.org also contains links to numerous sites with information on these topics.
ATTACHMENT 1
BMP Implementation Tracking Form
Attachment 1
BMP IMPLEMENTATION TRACKING FORM
The following are a list of BMPs that may be used to minimize or prevent the introduction of pollutants of concern that may result in significant impacts to receiving waters. Other BMPs that are equally or more effective in pollutant reduction than the comparable BMPs listed below may also be acceptable, if approved by the City. All BMPs must comply with local zoning and building codes and other applicable regulations.
In order to facilitate the design review and permitting process, when the application for the project is submitted to the City it should include a copy of this form with the Project Information filled-in and the applicable check boxes marked to indicate which of these BMPs have been incorporated into the design of the project. The locations of these BMPs should also be shown on the site plan for the project.
Project Information
Owners Name: _____________________
Blk/Lot/APN: ______________________
Address: _________________________
Project Type (see Sections 2.5.2.3 and 2.5.3.4 of this Manual for Project Type descriptions):
☐Small
Residential
☐Large
Residential
If either of the above boxes is checked, the project will be subject to the Residential Project requirements described in Section 2.5.3. ☐ Commercial (describe type of business):____________________________ If this box is checked, the project will be subject to the Commercial Project requirements described in Section 2.5.4.
1.5 The project will create and/or replace ≥ 2,500 square feet of impervious surface (collectively over the entire project site), including detached single-family home projects. If this box is checked the project will be subject to Performance Requirement No. 1 as described in Section 2.5.1.
☐ The project is not a detached single family home but has a Net Impervious Area (as defined in Section 1.5) ≥ 5,000 square feet, or is a detached single family home project and has a Net Impervious Area ≥ 15,000 square feet. If this box is checked it will be subject to the more complex requirements of Performance Requirement No. 2: Water Quality Treatment described in Attachment 5.
1.6 The project has a Net Impervious Area ≥ 15,000 square feet, and is not a detached single family home. If this box is checked the project will be subject to additional requirements, and the applicant should meet with City staff to discuss and determine what those requirements will be.
1.7 Some part of the project site has a natural slope that is 25% or greater. If this box is checked the project will be subject to additional requirements for development on steep slopes as described in Section 2.5.2.
Site Design BMPs
Minimize Impervious Areas
☐ Reduce sidewalk widths where it is
practicable
☐ Incorporate landscaped buffer
areas between sidewalks and streets
☐ Design residential streets for the
minimum required pavement widths
Attachment 1
☐ Minimize the number of residential
street cul-de-sacs and incorporate
landscaped areas to reduce their
impervious cover.
☐ Use open space development that
incorporates smaller lot sizes
☐ Increase building density while
decreasing the building footprint
☐ Reduce overall lot imperviousness
by promoting alternative driveway
surfaces and shared driveways that
connect two or more homes together
☐ Reduce overall imperviousness
associated with parking lots by
providing compact car spaces,
minimizing stall dimensions,
incorporating efficient parking lanes,
and using pervious materials in
spillover parking areas
Increase Rainfall Infiltration
☐ Use permeable materials for
private sidewalks, driveways, parking
lots, and interior roadway surfaces
(examples: hybrid lots, parking
groves, permeable overflow parking,
etc.)
☐ Direct rooftop runoff to pervious
areas such as yards, open channels,
or vegetated areas, and avoid routing
rooftop runoff to the roadway or the
urban runoff conveyance system
Maximize Rainfall Interception
☐ Maximize canopy interception and water conservation by preserving existing native trees and shrubs and planting additional native or drought-tolerant trees and large shrubs
Minimize Directly Connected Impervious Areas (DCIAs)
☐ Draining rooftops into adjacent
landscaping prior to discharging to the
storm drain
Attachment 1
☐ Draining parking lots into
landscape areas co-designed as
biofiltration areas
☐ Draining roads, sidewalks, and
impervious trails into adjacent
landscaping
Slope and Channel Protection
☐ Use of existing natural drainage
systems to the maximum extent
feasible
☐ Stabilizing permanent channel
crossings
☐ Planting native or drought-tolerant
vegetation on slopes
☐ Using energy dissipaters, such as
riprap, at the outlets of new storm
drains, culverts, conduits, or channels
that enter unlined channels
Maximize Rainfall Interception
☐ Cisterns ☐ Foundation
planting
Increase Rainfall Infiltration
☐ Dry wells
Source Control BMPs
☐ Storm drain system stenciling and
signage
☐ Regular street and parking lot
sweeping
☐ Outdoor material and trash storage
area designed to reduce or control
rainfall runoff
☐ Efficient irrigation system
Treatment Control BMPs
Biofilters
☐ Grassy swale ☐ Grass strip
Attachment 1
☐ Wetland
vegetation swale
☐ Bioretention
Detention Basins
☐ Extended/dry detention basin with
grass lining
☐ Extended/dry detention basin with
impervious lining
Infiltration Basins
☐
Infiltration
basin
☐
Infiltration
trench
☐ Porous
asphalt
☐ Porous
concrete
☐ Porous
modular
concrete
block
Wet Ponds and Wetlands
☐ Wet pond
(permanent pool)
☐ Constructed
wetland
Drainage Inserts
☐ Oil/Water
separator
☐ Catch basin
insert
☐ Storm drain
inserts
☐ Catch basin
screens
Filtration Systems
☐ Media filtration ☐ Sand filtration
Hydrodynamic Separation Systems
☐ Swirl
Concentrator
☐ Cyclone
Separator
ATTACHMENT 2
Descriptions of Treatment Control BMPs
Source: Best Management Practices Guidance Series (BGS) The BMPs described below are treatment control BMPs that can be built at new development and redevelopment sites to capture and treat the polluted runoff before it enters the City’s storm drain system or other receiving waters. Many of these are included in Table 3 of Attachment 1
Attachment 3. When site design and source control BMPs alone are inadequate to fulfill the City’s storm water pollution prevention requirements for a proposed project, treatment control BMPs which are feasible for the proposed development should be incorporated into its design.
Treatment controls must be designed such that volumes and flows in excess of the design rainfall event bypass the unit, otherwise there is the possibility of aggravating flooding and also causing resuspension of previously captured sediments or other constituents. Also, all of the treatment BMPs described below require some inspection, maintenance, and disposal of solids to ensure optimum performance and often to avoid flooding.
1. Rooftop Catchment Systems – These are rooftops which can sometimes be designed into large commercial and industrial sites to pool stormwater which, following the storm, evaporates. This effectively eliminates rooftop runoff from the storm drain system, and thereby reduces the hydraulically-connected impervious area. Another function of these systems is to slow down the runoff to reduce peaks.
Problems with rooftop catchment systems are mainly related to leakage.
2. Vegetated Filter Strips – Vegetated filter strips, buffer strips, or riparian buffer zones are strips of vegetation placed between receiving waters (e.g., along streams) and pollutant sources. The effectiveness of the strips depends primarily on the width of the strip, and the vegetation type and condition. Strips of 100-300 feet in width are often considered. Such strips have been successfully applied to urban, agricultural, and forestry situations. Vegetation type selection must take into account the climate and usually should be drought-resistant.
Maintenance is primarily annual cutting. Such strips are recommended for developments located along receiving waters such as streams, rivers and lakes, but outside the flood control boundary.
3. Vegetated Swales – Swales are shallow low gradient channels that are vegetated. They are commonly applied in rural residential areas in lieu of traditional curb/gutters and underground stormwater drainage pipes. Water quality improvement is achieved primarily through filtration, and performance is dependent on the swale hydraulic capacity and vegetation type and condition. Influent water should be relatively free of coarse sediment to avoid burying the vegetation. Where sediment loads are of concern, sediment settling basins can be provided upstream of the swales. Maintenance consists primarily of vegetation management and settling basin cleanouts. Swales are generally recommended for low-density residential developments located in relatively flat terrain.
4. Infiltration Basins – Infiltration basins store and infiltrate stormwater into the surficial groundwater aquifer. Performance is critically dependent on soil porosity and adequate depth to groundwater. Such conditions are typical of inland valleys, in contrast to low lying coastal areas. In order to maintain recharge rates, influent water may require pretreatment to remove sediments. Infiltration basins are effective at reducing runoff rates and volumes and can provide water supply benefits through aquifer recharge. Maintenance primarily consists of periodic removal of accumulated trash, debris and sediments to maintain recharge rates. Infiltration basins are generally recommended in areas where the depth to groundwater is relatively high and the soils are highly pervious. Where such conditions exist, this technology is generally applicable to the entire range of urban development, although the potential for groundwater contamination is often of concern in industrial areas.
5. Infiltration Trenches – Infiltration trenches are shallow drains filled with high porosity materials (e.g. gravel). Stormwater discharged to these trenches is stored during the runoff event and infiltrates into the groundwater during dry weather periods. As with infiltration basins, performance requires porous subsoils and adequate depth to the groundwater table. The acceptability and designs of infiltration trenches must take into consideration the potential for infiltrating water to adversely affect soil strength around foundations. Infiltration trenches are generally not recommended for roof runoff near buildings because of building code requirements; but can be effective as part of the overall open channel drainage system.
6. Dry Detention Ponds/Basins – These are basins designed to temporarily store and treat storm water prior to gradually releasing it downstream. Such basins can provide flood control and storm water treatment benefits. Treatment performance depends on storage volume (12-24 hours of residence time is considered a good rule of thumb), and good circulation (avoidance of short circuiting). A major factor limiting good performance is that, during larger storm runoff events, water entering a dry basin may resuspend previously settled material in which case the ponds may act as a source of sediment and associated chemicals. In general dry basins are not as effective as wet basins (discussed below), however, in certain arid areas, wet basins are not feasible. Performance of dry basins can be improved by incorporating slow release outlet structures. Such basins are generally applicable to residential, commercial, and industrial development in areas where there is insufficient runoff to maintain wet basins.
7. Retention Ponds/Wet Basins – These are basins that contain a permanent pool of water. Such ponds can provide flood control, ecological, and water quality benefits. The performance of wet basins depends on the size of the basin, watershed characteristics, and Attachment 1
influent conditions. The primary treatment process in retention ponds is settling. Maintenance is required for removing debris, vegetation management, and maintaining the inlet and outlet structures. Accumulation rates in such basins typically require that accumulated sediment be removed about once every 10-20 years. Retention ponds are generally applicable to most urban situations, as long as there is adequate space for the facility and acceptable geological conditions.
8. Constructed/Restored Wetlands – In addition to providing flood control and water supply benefits through artificial recharge of groundwater, constructed wetlands designed for stormwater management provide water quality benefits through a number of processes including sedimentation, filtration, absorption, biological processes, and nutrient uptake. Pollutant removal performance depends on the size of the wetland relative to the watershed, the design of the wetland, and the type and composition of wetland vegetation. Wetlands also provide additional ecological and recreational benefits. If a significant amount of sedimentation is anticipated, a deep settling basin could be constructed (which the water would enter prior to reaching the wetland). The basin would require periodic maintenance to remove accumulated sediment. Constructed wetlands require maintenance, especially in the first 5-10 years during which vegetation is growing and natural seeding is occurring. Providing suitable hydrologic conditions for vegetation growth and water treatment is key to successful performance of constructed wetlands. Constructed wetlands are generally applicable to most urban situations, as long as there is adequate space for the facility, an adequate source of water, and appropriate soils. In California, such wetlands would likely be seasonal in nature. The cost of urban lands often precludes this type of treatment in the more densely developed portions of urban areas.
A variation of this control is the use of existing wetlands for urban runoff treatment. Existing wetlands at or downstream of a new development/redevelopment project can be enhanced to improve hydrology, and runoff from the development project can be directed to the wetlands. Note that the dry detention ponds/basins, retention ponds/wet basins, and the constructed wetlands need to be periodically monitored for accumulation of toxic materials, and provisions made for cleanout and disposal pretreatment may be added (to remove heavy sediment trash and debris) to reduce maintenance. If a significant amount of sediment is anticipated, a deep settling basin could be constructed. This would also need to be periodically cleaned out to maintain capacity.
9. Filtration Systems – Filtration systems convey stormwater through filter media (e.g., sand, compost, charcoal) to treat the storm water.
The chemicals treated vary depending on the type of media and may include fine sediment, colloidal material, hydrocarbons, organics, nutrients and dissolved metals. Such systems come in many sizes and designs including: (1) inserts placed in individual storm drain inlets, (2) linear units that treat stormwater from small impervious areas such as parking lots, and (3) large 1-2 acre sand filters that treat runoff from urban catchments. Filters are effective as long as the capacity of the filter is not exceeded, and the filter is not allowed to clog.
Filter inserts are particularly problematic in this regard, and recent testing and evaluation questions their applicability where material in runoff will clog or block the filter. In stormwater applications filter systems are required to remove blocking materials (leaves, trash, debris, sediments, oil and grease) and storage to better manage flowrates. Experience to date with filter type inserts for drain inlets suggest that the units are easily clogged with sediment and debris, with resultant bypassing of most of the flows. Therefore, inserts are not recommended unless require frequent inspection and cleaning is performed. Filtration systems will have limited application in small wellmaintained parking lots.
10. Oil/Grit Separators – Oil/grit (gravity) separators are usually multi-chambered treatment units that are placed underground and treat stormwater from a drainage catchment. The individual chambers often are designed to trap grit and floatables, and adsorb hydrocarbons.
Flows in excess of the design capacity should be diverted around the unit, otherwise there is the possibility that sediment previously trapped in the chambers will be resuspended and flushed downstream. Inspection and maintenance is required to ensure that the units are not filling up with sediment, as accumulation can affect performance. Traditional gravity oil/water separators that utilize skimming devices and coalescing plates (to increase droplet size and capture) are generally not applicable to stormwater conditions where total hydrocarbon concentrations are generally less than 10 mg/l. The performance of oil/grit separators varies depending on the chosen design. Research should be done before selecting any separators to verify that they will perform as desired. In general, oil/grit separators are useful only at sites where there are chances that oil spills could occur and to a limited degree at development sites that have high oil and grease loadings such as petroleum storage yards and vehicle storage facilities.
ATTACHMENT 3
BMP IMPLEMENTATION TABLES
Table 1. Anticipated and Potential Pollutants Generated by Land Use Type Attachment 1
General Pollutant Categories
Priority
Project
Categories
Sediments Nutrients
Heavy
Metals
Organic
Compounds
Trash
and
Debris
Oxygen
Demanding
Substances
Oil and
Grease
Bacteria
and
Viruses
Pesticides
Detached
Residential
Development
X X X X X X X
Attached
Residential
Development
X X X P
(1) P(2) P X
Commercial
Development
>100,000 ft.
2 P
(1) P(1) P(2) X P(5) X P(3) P(5)
Automotive
Service
Facilities
X X
(4)(5) X X
Retail
Gasoline
Outlets
X X
(4)(5) X X
Restaurants X X X X
Hillside
Development
X X X X X X
Parking Lots P
(1) P(1) X X P(1) X P(1)
Streets,
Highways
and
Freeways
X P
(1) X X(4) X P(5) X
X = anticipated
P = potential
(1) A potential pollutant if landscaping exists on-site (2) A potential pollutant if the project includes uncovered parking areas (3) A potential pollutant if land use involves food or animal waste products (4) Including petroleum hydrocarbons
(5) Including solvents
Table 2. Site Design and Source Control BMP Selection Matrix Attachment 1
Specific Areas for Implementation of Site Design and Source Control BMPs Priority
Project
Categories
Driveways,
Roads,
and Guest
Parking
Loading/Unloading
Dock Areas
Repair/Maintenance
Bays
Vehicle/Equipment
Washing/Steam
Cleaning Areas
Parking
Areas
Fueling
Areas
Outdoor
Material
Storage
Areas
Trash
Storage
Areas
Pools
and
Spas
Small
Residential
Development
R R
Large
Residential
Development
R R R R R R
General
Commercial
Development
R R R R R R
Automotive
Service
Facilities
R R R R R R R R
Retail
Gasoline
Outlets
R R R R R R R R
Restaurants R R R R R R
R = Required – minimize pollutants of concern by selecting appropriate site design and source control BMPs Table 3. Treatment Control BMP Selection Matrix
(1)
Treatment Control BMP Categories
Pollutant of
Concern
Biofilters
Detention
Basins
Infiltration
Basins
(2)
Wet
Ponds or
Wetlands
Drainage
Inserts
Filtration
Hydrodynamic
Separator
Systems
(3)
Sediment M H H H L H M
Nutrients L M M M L M L
Heavy
Metals
M M M H L H L
Organic
Compounds
U U U U L M L
Trash and
Debris
L H U U M H M
Attachment 1
Treatment Control BMP Categories
Pollutant of
Concern
Biofilters
Detention
Basins
Infiltration
Basins
(2)
Wet
Ponds or
Wetlands
Drainage
Inserts
Filtration
Hydrodynamic
Separator
Systems
(3)
Oxygen
Demanding
Substances
L M M M L M L
Bacteria U U H U L M L
Oil and
Grease
M M U U L H L
Pesticides U U U U L U L
(1) The City is encouraged to periodically assess the performance characteristics of many of these BMPs to update this table. (2) Including trenches and porous pavement
(3) Also known as hydrodynamic devices and baffle boxes L: Low removal efficiency
M: Medium removal efficiency
H: High removal efficiency
U: Unknown removal efficiency
Sources: Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters (1993), National Stormwater Best Management Practices Database (2001), and Guide for BMP Selection in Urban Developed Areas (2001).
ATTACHMENT 4
Sample Form of Agreement for Ongoing Maintenance of Treatment Control BMPs Source: Best Management Practices Guidance Series (BGS) Agreement Regarding Maintenance of Treatment Control BMPs (Best Management Practices) for APN No.______________________
__________________, being the owner of the real property located at _____________, California, consents and agrees to inspect and maintain annually, prior to September 30 of each year, the Treatment Control BMPs (such as silt and/or grease traps or detention systems) on the subject property as shown on the improvement plans dated _________, on file with the City of _________________. I agree to forward a letter providing proof of inspection and maintenance to the City of _________________ Public Works Department prior to October 15 of each year.
In order to transfer the property to a private or public owner, I shall require the recipient to assume responsibility for maintenance of any Treatment Control BMPs in the sales or lease agreement for that property. The condition of transfer shall include a provision that the new property owner agrees to forward a letter providing proof of BMP inspection and maintenance to the City of ______________ Public Works Department prior to October 15 of each year.
Printed educational materials will be required to accompany the first deed transfer to highlight the existence of the requirement and to provide information on what storm water management facilities are present, signs that maintenance is needed, and how the necessary maintenance can be performed. The transfer of this information shall also be required with any subsequent sale of the property.
I have read the above agreement and understand it.
Attachment 1
______________________________
Owner
____________________
Date
ATTACHMENT 5
Additional RWQCB Post-Construction Performance Requirements Source: “Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region” adopted by the RWQCB on July 12, 2013.
1) Performance Requirement No. 2: Water Quality Treatment a) The Permittee shall require Regulated Projects, except detached single-family homes, ≥ 5,000 square feet of Net Impervious Area, and detached single-family homes ≥ 15,000 square feet of Net Impervious Area, to treat stormwater runoff as required in the Water Quality Treatment Performance Requirements in Section B.3.b. to reduce pollutant loads and concentrations using physical, biological, and chemical removal.
i) Net Impervious Area is the total (including new and replaced) post-project impervious areas, minus any reduction in total imperviousness from the pre-project to post-project condition: Net Impervious Area = (New and Replaced Impervious Area) – (Reduced Impervious Area Credit), where Reduced Impervious Area Credit is the total pre-project to post-project reduction in impervious area, if any.
b) The Permittee shall require each Regulated Project subject to Water Quality Treatment Performance Requirements to treat runoff generated by the Regulated Project site using the onsite measures below, listed in the order of preference (highest to lowest). Water Quality Treatment Performance Requirements shall apply to the runoff from existing, new, and replaced impervious surfaces on sites where runoff from existing impervious surfaces cannot be separated from runoff from new and replaced impervious surfaces. i) Low Impact Development (LID) Treatment Systems – Implement harvesting and use, infiltration, and evapotranspiration Stormwater Control Measures that collectively achieve the following hydraulic sizing criteria for LID systems:
(1) Hydraulic Sizing Criteria for LID Treatment Systems – LID systems shall be designed to retain stormwater runoff equal to the volume of runoff generated by the 85th percentile 24-hour storm event, based on local rainfall data. ii) Biofiltration Treatment Systems – Implement biofiltration treatment systems using facilities that must be demonstrated to be at least as effective as
1 a biofiltration treatment system with the following design parameters:
(1) Maximum surface loading rate appropriate to prevent erosion, scour and channeling within the biofiltration treatment system itself and equal to 5 inches per hour, based on the flow of runoff produced from a rain event equal to or at least:
(a) 0.2 inches per hour intensity; or
(b) Two times the 85th percentile hourly rainfall intensity for the applicable area, based on historical records of hourly rainfall depth (2) Minimum surface reservoir volume equal to the biofiltration treatment system surface area times a depth of 6 inches (3) Minimum planting medium depth of 24 inches. The planting medium must sustain a minimum infiltration rate of 5 inches per hour throughout the life of the project and must maximize runoff retention and pollutant removal. A mixture of sand (60%-70%) meeting the specifications of American Society for Testing and Materials (ASTM) C33 and compost (30%-40%) may be used. A Regulated Project may utilize an alternative planting medium if it demonstrates its planting medium is equal to or more effective at attenuating pollutants than the specified planting medium mixture.
(4) Proper plant selection
2 (5) Subsurface drainage/storage (gravel) layer with an area equal to the biofiltration treatment system surface area and having a minimum depth of 12 inches
Attachment 1
(6) Underdrain with discharge elevation at top of gravel layer (7) No compaction of soils beneath the biofiltration facility (ripping/loosening of soils required if compacted) (8) No liners or other barriers interfering with infiltration, except for situations where lateral infiltration is not technically feasible. iii) Non-Retention Based Treatment Systems – Implement Stormwater Control Measures that collectively achieve at least one of the following hydraulic sizing criteria for non-retention based treatment systems:
(1) Hydraulic Sizing Criteria for Non-Retention Based Treatment Systems:
(a) Volume Hydraulic Design Basis – Treatment systems whose primary mode of action depends on volume capacity shall be designed to treat stormwater runoff equal to the volume of runoff generated by the 85th percentile 24-hour storm event, based on local rainfall data. (b) Flow Hydraulic Design Basis – Treatment systems whose primary mode of action depends on flow capacity shall be sized to treat:
(i) The flow of runoff produced by a rain event equal to at least two times the 85th percentile hourly rainfall intensity for the applicable area, based on historical records of hourly rainfall depths; or (ii) The flow of runoff resulting from a rain event equal to at least 0.2 inches per hour intensity. c) Stormwater Control Plan Requirements – For each Regulated Project subject to the Water Quality Treatment Performance Requirement, the Permittee shall require the Project Applicant to provide the below information in a Stormwater Control Plan. The Permittee shall not grant final project approval, until the Stormwater Control Plan for the Regulated Project sufficiently demonstrates the Regulated Project design meets the Water Quality Treatment Performance Requirements. i) Project name, application number, location including address and assessor’s parcel number ii) Name of Applicant
iii) Project Phase number (if project is being constructed in phases) iv) Project Type (e.g., commercial, industrial, multi-unit residential, mixed-use, public), and description v) Total project site area
vi) Total new impervious surface area, total replaced impervious surface area, total new pervious area, and calculation of Net Impervious Area
vii) Statement of Water Quality Treatment Performance Requirements that apply to the Project viii) Summary of Site Design and Runoff Reduction (Performance Requirement No. 1) measures selected for the project ix) Description of all post-construction structural Stormwater Control Measures x) Supporting calculations used to comply with the applicable Water Quality Treatment Performance Requirements xi) Documentation certifying that the selection, sizing, and design of the Stormwater Control Measures meet the full or partial Water Quality Treatment Performance Requirement
xii) Water quality treatment calculations used to comply with Water Quality Treatment Performance Requirement and any analysis to support infeasibility determination
xiii) Statement of Compliance:
(1) Statement that Water Quality Treatment Performance Requirement has been met on-site, or, if not achievable:
(a) Documentation of the volume of runoff for which compliance cannot be achieved on-site and the associated off-site compliance requirements.
(b) Statement of intent to comply with Water Quality Treatment Performance Requirement through Alternative Compliance Attachment 1
2) Performance Requirement No. 3: Runoff Retention
a) The Permittee shall require Regulated Projects, except detached single-family homes, that create and/or replace ≥ 15,000 square feet of impervious surface (collectively over the entire project site), and detached single-family homes ≥ 15,000 square feet of Net Impervious Area, in WMZs 1, 2, 5, 6, 8 and 9, and those portions of WMZs 4, 7, and 10 that overlie designated Groundwater Basins (Attachment B) to meet the Runoff Retention Performance Requirements in Sections B.4.b. and B.4.c. using the LID Development Standards in Section B.4.d. for optimal management of watershed processes.
b) Adjustments to the Runoff Retention Performance Requirements for Redevelopment – Where the Regulated Project includes replaced impervious surface, the below adjustments apply. These adjustments are accounted for in the Retention Tributary Area calculation in Attachment D.
i) Redevelopment Projects outside an approved Urban Sustainability Area, as described in Section C.3. – The total amount of replaced impervious surface shall be multiplied by 0.5 when calculating the volume of runoff subject to Runoff Retention Performance Requirements.
ii) Redevelopment Projects located within an approved Urban Sustainability Area (Section C.3.) – The total amount of runoff volume to be retained from replaced impervious surfaces shall be equivalent to the pre-project runoff volume retained. c) The Permittee shall require Regulated Projects, subject to the Runoff Retention Performance Requirements, to meet the following Performance Requirements:
i) Watershed Management Zone 1 and portions of Watershed Management Zones 4, 7 and 10 which overlie designated Groundwater Basins:
(1) Retain 95th Percentile Rainfall Event – Prevent offsite discharge from events up to the 95th percentile 24-hour rainfall event as determined from local rainfall data.
3 (2) Compliance must be achieved by optimizing infiltration. Compliance for retention of the remaining volume must be achieved via storage, rainwater harvesting and/or evapotranspiration. ii) Watershed Management Zone 2:
(1) Retain 95th Percentile Rainfall Event – Prevent offsite discharge from events up to the 95th percentile 24-hour rainfall event as determined from local rainfall data.
(2) Compliance must be achieved via storage, rainwater harvesting, infiltration, and/or evapotranspiration. iii) Watershed Management Zones 5 and 8:
(1) Retain 85th Percentile Rainfall Event – Prevent offsite discharge from events up to the 85th percentile 24-hour rainfall event as determined from local rainfall data.
(2) Compliance must be achieved by optimizing infiltration. Compliance for retention of the remaining volume must be achieved via storage, rainwater harvesting and/or evapotranspiration. iv) Watershed Management Zones 6 and 9:
(1) Retain 85th Percentile Rainfall Event – Prevent offsite discharge from events up to the 85th percentile 24-hour rainfall event as determined from local rainfall data.
(2) Compliance must be achieved via storage, rainwater harvesting, infiltration, and/or evapotranspiration. d) LID Development Standards – The Permittee shall require Regulated Projects, subject to Runoff Retention Performance Requirements, to meet Runoff Retention Performance Requirements (Sections B.4.b. and B.4.c.) using the following LID Development Standards:
i) Site Assessment Measures – Permittees shall require the applicant for each Regulated Project to identify opportunities and constraints to implement LID Stormwater Control Measures. Permittees shall require the applicant to document the following, as appropriate to the Attachment 1
development site:
• Site topography
• Hydrologic features including contiguous natural areas, wetlands, watercourses, seeps, or springs • Depth to seasonal high groundwater
• Locations of groundwater wells used for drinking water • Depth to an impervious layer such as bedrock
• Presence of unique geology (e.g., karst)
• Geotechnical hazards
• Documented soil and/or groundwater contamination
• Soil types and hydrologic soil groups
• Vegetative cover/trees
• Run-on characteristics (source and estimated runoff from offsite which discharges to the project area) • Existing drainage infrastructure for the site and nearby areas including the location of municipal storm drains • Structures including retaining walls
• Utilities
• Easements
• Covenants
• Zoning/Land Use
• Setbacks
• Open space requirements
• Other pertinent overlay(s)
ii) Site Design Measures – Permittees shall require the applicant for each Regulated Project to optimize the use of LID site design measures, as feasible and appropriate at the project site. Regulated Projects subject to Performance Requirement No. 3 must augment design strategies required by Performance Requirement No. 1 (Section B.2.a.i-v) with the following:
• Define the development envelope and protected areas, identifying areas that are most suitable for development and areas to be left undisturbed
• Conserve natural areas, including existing trees, other vegetation, and soils • Limit the overall impervious footprint of the project • Construct streets, sidewalks, or parking lot aisles to the minimum widths necessary, provided that public safety or mobility uses are not compromised
• Set back development from creeks, wetlands, and riparian habitats • Conform the site layout along natural landforms
• Avoid excessive grading and disturbance of vegetation and soils Attachment 1
iii) Delineation of discrete Drainage Management Areas (DMAs) – The Permittee shall require each Regulated Project to delineate DMAs to support a decentralized approach to stormwater management. (1) The Permittee shall require the applicant for each Regulated Project to provide a map or diagram dividing the entire project site into discrete DMAs
(2) The Permittee shall require the applicant for each Regulated Project to account for the drainage from each DMA using measures identified in Sections B.4.d.iv. and B.4.d.v., below.
iv) Undisturbed and Natural Landscape Areas – Permittees shall require each Regulated Project to implement appropriate Site Design (Section B.4.d.ii.), and Runoff Reduction Measures in Performance Requirement No. 1, to reduce the amount of runoff for which retention and treatment is required. Runoff reduction measures that can be used to account for this reduction also include the below measures.
The Retention Tributary Area calculation in Attachment D accounts for these reductions. (1) Undisturbed or areas planted with native, drought-tolerant, or LID appropriate vegetation that do not receive runoff from other areas may be considered self-treating and no additional stormwater management is required. (2) Runoff from impervious surfaces, generated by the rainfall events identified in Section B.4.c, may be directed to undisturbed or natural landscaped areas. When the applicant can demonstrate that this runoff will be infiltrated and will not produce runoff to the storm drain system, or a surface receiving waterbody, or create nuisance ponding that may affect vegetation health or contribute to vector problems, then no additional stormwater management is required for these impervious surfaces. v) Structural Stormwater Control Measures – Where Regulated Project Applicants have demonstrated in their Stormwater Control Plans, and the Permittee has confirmed, that use of Site Design measures listed in Section B.4.d.ii., Runoff Reduction measures listed in Performance Requirement No. 1, and undisturbed and natural landscape areas discussed in Section B.4.d.iv., has been maximized to the extent feasible, Structural Stormwater Control Measures designed for water quality treatment and/or flow control shall be used to comply with Performance Requirement No. 3.
(1) The Permittee shall require the Regulated Project applicant to use structural Stormwater Control Measures that optimize retention and result in optimal protection and restoration of watershed processes, such as Structural Control Measures associated with small-scale, decentralized facilities designed to infiltrate, evapotranspirate, filter, or capture and use stormwater. vi) Hydrologic Analysis and Structural Stormwater Control Measure Sizing – To determine Stormwater Control Measure sizing and design, Permittees shall require Regulated Project applicants to use one of the following: 1) hydrologic analysis and sizing methods as outlined in Attachment D; 2) locally/regionally calibrated continuous simulation model that results in equivalent optimization of on-site runoff volume retention; or 3) hydrologic analysis and sizing methods, equally effective in optimizing on-site retention of the runoff generated by the rainfall event specified in Section B.4.c, that have been approved by the Central Coast Water Board Executive Officer. e) Ten Percent Adjustment for Sites with Technical Infeasibility – Where technical infeasibility, as described in Section C.1.c., prevents full on-site compliance with the Runoff Retention Performance Requirement, on-site retention of the full Retention Volume per Section B.4.d.vi. is not required and the Regulated Project is required to dedicate no less than ten percent of the Regulated Project’s Equivalent Impervious Surface Area
4 to retention-based Stormwater Control Measures.
i) Use the Attachment E instructions to calculate the ten percent adjustment for applying the Runoff Retention Performance Requirement. ii) The Water Quality Treatment Performance Requirement is not subject to this adjustment, i.e., mitigation to achieve full compliance with the Water Quality Treatment Performance Requirement is required on- or off-site. f) Off-Site Mitigation – Off-site mitigation is required when Regulated Projects do not retain the full Retention Volume per Section B.4.b and B.4.c, and 1) fail to demonstrate technical infeasibility of full retention; or 2) demonstrate technical infeasibility of full retention AND fail to dedicate at least ten percent of the Regulated Project’s Equivalent Impervious Surface Area to retention-based Stormwater Control Measures.
i) Use the Attachment F instructions to calculate the Off-Site retention requirements when a Regulated Project subject to the Runoff Retention Performance Requirement does not allocate the full ten percent of the project site’s Equivalent Impervious Surface Area to retention-based Stormwater Control Measures.
Attachment 1
g) Reporting Requirements – For each Regulated Project subject to the Runoff Retention Performance Requirement, the Permittee shall require the Project Applicant to provide the below information in a Stormwater Control Plan. The Permittee shall not grant final project approval, until the Stormwater Control Plan for the Regulated Project sufficiently demonstrates the Regulated Project design meets the Water Quality Treatment and Runoff Retention Performance Requirements. i) Project Name, application number, and location including address and assessor’s parcel number ii) Name of Applicant
iii) Project Phase number (if project is being constructed in phases) iv) Project Type (e.g., commercial, industrial, multiunit residential, mixed-use, public), and description v) Total project site area
vi) Total new and/or replaced impervious surface area
vii) Statement of Water Quality Treatment and Runoff Retention Performance Requirements that apply to the Project viii) Adjusted Requirements based on the local jurisdiction’s approval, that the Project is allowed a Special Circumstance, Watershed or Regional Plan, or Urban Sustainability Area designation ix) Site assessment summary
x) LID Measures used:
(1) Site design measures
(2) Runoff Reduction Measures
(3) Post-construction structural Stormwater Control Measures xi) Summary of Runoff Reduction Measures and Structural Stormwater Control Measures, by Drainage Management Area, as well as for the entire site
xii) Supporting calculations used to comply with the applicable Water Quality Treatment and Runoff Retention Performance Requirements xiii) Documentation demonstrating infeasibility where Site Design and Runoff Reduction measures cannot retain required runoff volume xiv) Documentation demonstrating infeasibility where retention-based Stormwater Control Measures cannot retain and/or treat the required runoff volume
xv) Documentation demonstrating infeasibility where on-site compliance cannot be achieved xvi) Documentation demonstrating percentage of the project’s Equivalent Impervious Surface Area dedicated to retention-based Stormwater Control Measures
xvii) Documentation of certification that the selection, sizing, and design of the Stormwater Control Measures meets the applicable Water Quality Treatment and Runoff Retention Performance Requirement xviii) O&M Plan for all structural Stormwater Control Measures to ensure long-term performance xix) Owner of facilities
xx) Statement of Compliance:
(1) Statement that the Water Quality Treatment and Runoff Retention Performance Requirements have been met on-site, or, if not achievable:
(a) Documentation of the volume of runoff for which compliance cannot be achieved on-site and the associated off-site compliance volume.
Attachment 1
(b) Statement of intent to comply with Water Quality Treatment and Runoff Retention Performance Requirements through an Alternative Compliance agreement.
5) Performance Requirement No. 4: Peak Management
The Permittee shall require all Regulated Projects that create and/or replace ≥22,500 square feet of impervious surface (collectively over the entire project site) in Watershed Management Zones 1, 2, 3, 6, and 9 to manage peak stormwater runoff as required below (Section B.5.a.i.), and to meet Water Quality Treatment and Runoff Retention Performance Requirements. a) The Permittee shall apply the following Peak Management Performance Requirements:
i) Post-development peak flows, discharged from the site, shall not exceed pre-project peak flows for the 2- through 10-year storm events.
b) Reporting Requirements – For each Regulated Project subject to the Peak Management Performance Requirement, the Permittee shall require the Project Applicant to provide the below information in a Stormwater Control Plan. The Permittee shall not grant final project approval, until the Stormwater Control Plan for the Regulated Project sufficiently demonstrates the Regulated Project design meets the Water Quality Treatment, Runoff Retention, and Peak Management Requirements. i) Project Name, application number, and location including address and assessor’s parcel number ii) Name of Applicant
iii) Project Phase number (if project is being constructed in phases) iv) Project Type (e.g., commercial, industrial, multiunit residential, mixed-use, public), and description v) Total project site area
vi) Total new and/or replaced impervious surface area
vii) Statement of Water Quality Treatment, Runoff Retention, and Peak Management Performance Requirements that apply to the Project viii) Adjusted Requirements based on the local jurisdiction’s approval, that the Project is allowed a Special Circumstance, Watershed or Regional Plan, or Urban Sustainability Area designation ix) Site assessment summary
x) LID Measures used:
(1) Site design measures
(2) Runoff Reduction Measures
(3) Post-construction structural Stormwater Control Measures xi) Summary of Runoff Reduction Measures and Structural Stormwater Control Measures, by Drainage Management Area, as well as for the entire site
xii) Supporting calculations used to comply with the applicable Water Quality Treatment, Runoff Retention, and Peak Management Performance Requirements
xiii) Documentation demonstrating infeasibility where on-site compliance cannot be achieved xiv) Documentation of certification that the selection, sizing, and design of the Stormwater Control Measures meets the applicable Water Quality Treatment, Runoff Retention, and Peak Management Performance Requirements xv) O&M Plan for all structural SCMs to ensure long-term performance xvi) Owner of facilities
xvii) Statement of Compliance:
Attachment 1
(1) Statement that the Water Quality Treatment, Runoff Retention, and Peak Management Performance Requirements have been met on-site, or, if not achievable:
(a) Documentation of the volume of runoff for which compliance cannot be achieved on-site and the associated off-site compliance requirements.
(b) Statement of intent to comply with Water Quality Treatment, Runoff Retention, and Peak Management Performance Requirements through an Alternative Compliance agreement.
4) Performance Requirement No. 5: Special Circumstances The Permittee may designate Regulated Projects as subject to Special Circumstances based on certain site and/or receiving water conditions. The Special Circumstances designation exempts a Regulated Project from Runoff Retention and/or Peak Management Performance Requirements where those Performance Requirements would be ineffective to maintain or restore beneficial uses of receiving waters. The Regulated Project subject to Special Circumstances must still comply with the Water Quality Treatment Performance Requirements.
a) Special Circumstances include:
i) Highly Altered Channel Special Circumstance:
The Permittee may designate Regulated Projects as subject to Special Circumstances for Highly Altered Channels for the following conditions:
(1) Project runoff discharges into stream channels that are concrete-lined or otherwise continuously armored from the discharge point to the channel’s confluence with a lake, large river (>200-square mile drainage area). (2) Project runoff discharges to a continuous underground storm drain system that discharges directly to a lake, large river (>200-square mile drainage area), the San Lorenzo River in the City of Santa Cruz, or marine nearshore waters (3) Project runoff discharges to other areas identified by the Central Coast Water Board (4) Under no circumstance described in 6.a.i. can runoff from the Regulated Project result in adverse impacts to downstream receiving waters
ii) Intermediate Flow Control Facility Special Circumstance:
(1) The Permittee may designate Regulated Projects as subject to Special Circumstances for Intermediate Flow Control Facilities if the project runoff discharges to an existing (as of the date when the Central Coast Water Board approved Resolution R3-2012-0025) flow control facility that regulates flow volumes and durations to levels that have been demonstrated to be protective of beneficial uses of the receiving water downstream of the facility.
(2) The flow control facility must have the capacity to accept the Regulated Project’s runoff. (3) Demonstration of facility capacity to accept runoff and to regulate flow volumes and durations must include quantitative analysis based on numeric, hydraulic modeling of facility performance. (4) Under no circumstance described in Section B.6.a.ii. can runoff from the Regulated Project result in adverse impacts to downstream receiving waters.
iii) Historic Lake and Wetland Special Circumstance:
(1) The Permittee may designate Regulated Projects as subject to Special Circumstances for Historic Lakes and Wetlands for the following conditions:
(a) Project is located where there was once a historic lake or wetland where pre-development hydrologic processes included filtration and storage but no significant infiltration to support downstream receiving water. (b) The Special Circumstance has been established based on a delineation of the historic lake or wetland approved by the Central Coast Water Board Executive Officer
Attachment 1
b) Performance Requirements for Highly Altered Channel and/or Intermediate Flow Control Facility Special Circumstances:
i) For Regulated Projects that: 1) create and/or replace ≥22,500 square feet of impervious surface; 2) are located in WMZs 1, 2, 5, and 8, and those portions of WMZs 4, 7, and 10 that overlie a designated Groundwater Basin:
(1) Water Quality Treatment (Performance Requirement No. 2) (2) Runoff Retention (Performance Requirement No. 3)
ii) For Regulated Projects that: 1) create and/or replace ≥22,500 square feet of impervious surface; and 2) are located in WMZs 3, 6, and 9, and those portions of WMZs 4, 7, and 10 that do not overlie a designated Groundwater Basin:
(1) Water Quality Treatment (Performance Requirement No. 2) c) Performance Requirements for Historic Lake and Wetland Special Circumstances i) For Regulated Projects that create and/or replace ≥15,000 and < 22,500 square feet of impervious surface and meet the Historic Lake and Wetland Special Circumstance:
(1) Water Quality Treatment (Performance Requirement No. 2) (2) Detention: Detain runoff such that the post-project peak discharge rate does not exceed the pre-project rate for all runoff up to the 95th percentile 24-hr rainfall event, or a more protective rate consistent with the Permittee’s own development requirements ii) For Regulated Projects that create and/or replace ≥22,500 square feet of impervious surface and meet the Historic Lake and Wetland Special Circumstance:
(1) Water Quality Treatment (Performance Requirement No. 2) (2) Peak Management: Detain runoff such that the post-project peak discharge rate does not exceed the pre-project rate for the 95th percentile 24-hr rainfall event and the 2- through 10-yr storm events or a more protective rate consistent with the Permittee’s own development requirements.
d) Documentation and Approval of Special Circumstances – The Permittee shall provide reasonable documentation to justify that a Regulated Project is more appropriately categorized under the Special Circumstances category. i) Historic Lake and Wetland Special Circumstance – Prior to granting a Regulated Project Special Circumstances, the Permittee shall submit a proposal to the Central Coast Water Board Executive Officer for review and approval. The proposal shall include, at a minimum:
(1) Delineation of historic lakes and wetlands and any supporting technical information to substantiate the requested Special Circumstances designation; and
(2) Documentation that the proposal was completed by a registered professional engineer, geologist, architect, and/or landscape architect.
(Ord. 2014-01 § 1 (Exh. A), 2014).
Appendix J BMP Guidance Series.
Updated February 4, 2014
COMMERCIAL WASHING AND CLEANING
This guidance specifies Best Management Practices (BMPs) for commercial washing and cleaning that shall be employed to protect water quality. Additional best management practices, measures and controls shall be employed as applicable and to the maximum extent practicable to prevent pollutants from entering storm water runoff.
BMPS APPLICABLE TO MOBILE CAR WASHERS AND CAR DETAILERS The Goal and Purpose of these BMPs is to minimize or prevent the discharge of pollutants into storm drains from vehicle and equipment cleaning operations by either (1) discharging wash waters to the sanitary sewer, (2) containing wash water for offsite disposal, or (3) Attachment 1
directing wash water (without cleaners) to landscaped areas.
Use These Best Management Practices:
BMP-1 Planning: Determine what collection method you will be using and where you are going to discharge wash water before starting a new job. Identify where all storm drains are located in the vicinity of the jobsite. Never discharge wastewater into a street, ditch, storm drain, or maintenance hole. Obtain all necessary permits and authorizations. If you are going to discharge into the sanitary sewer system at the job site, or on unpaved areas at the job site, always obtain the property owner’s permission.
BMP-2 Pre-Clean the Work Area: Before starting work sweep or vacuum the work area to pick up litter, trash, debris, dirt, and other materials which could become mixed in with the wash water. Use absorbents (such as rags, absorbent mats or pads, rice hull ash, cat litter, vermiculite, or sand) to pick up greasy or oily materials and spills. Waste materials from pre-cleaning may often be disposed of in the trash. Check with the local solid waste authority to be sure. Rags may be sent to an industrial laundry. Know which pre-cleaning wastes may be hazardous wastes. If there is any question as to whether a wash water, or waste material, is considered to be a hazardous material, check with the Monterey County Division of Environmental Health to make this determination and properly dispose of these materials.
BMP-3 Washing and Detailing: Minimize the amount of water used during washing and detailing to reduce the amount of wash water that will need to be disposed. Avoid cleaning products that contain hazardous substances (e.g. hydrofluoric acid, muriatic acid, sodium hydroxide, bleach, etc.) that can create hazardous waste. When possible, avoid using soap and solvents – even biodegradable soap is harmful to the environment. If soap is used, use phosphate-free, non-toxic, biodegradable soap. Any soap, including those labeled “biodegradable” does not belong in creeks, ocean or ground-water. They are harmful to aquatic life and should never be misconstrued as safe for direct disposal to surface waters (i.e., storm drains).
BMP-4 Wash Water Containment and Collection: Contain and collect the wash water and dispose of it as described below. Decide what is the best method of collection (e.g., berms, storm drain cover mats, containment pools, vacuums/pumps, vacuum boom, inflatable pipe plug, etc). Locate property high and low spots to determine where wash water can be pooled for collection.
Wash water that contains visible debris or residue, soap, detergent or other cleaning agents, hazardous waste, or excessive amounts of any pollutant, may not be left on paved surfaces to evaporate because the residues will eventually be discharged to the storm drain system. However, small amounts of wash water that cannot reasonably be collected may be allowed to evaporate on a paved surface.
Wash water from the rinsing of new or used vehicles for dust removal only, using no soap may be discharged to the storm drain or and unpaved area, if the wash water does not flow through oil deposits or other surface contaminants.
Promptly clean up any spill of liquid or solid wastes. Do not hose down an area to clean up a spill, unless the liquid will be completely contained, cleaned up and disposed of to sanitary sewer or offsite as appropriate for the waste type.
If Possible, Either:
1) Use a designated wash area that is paved and protected by permanent or movable berms, dikes, and mats. Contain the wash-water and vacuum it up or otherwise collect it for disposal. Do not allow wash water to leave the property. If the driveway is an avenue for runoff it must be bermed to contain the wash-water.
OR
2) Conduct washing and detailing on a pervious unpaved area such as lawn, dirt, or gravel so that the wash water will be retained and percolate within these areas. Keep washing activities away from storm drains or water conveyances, so that the wash water will infiltrate into the ground and not flow to the storm drains or creeks. This option applies to sites where only one or two vehicles are cleaned every couple of weeks. Do not use this option just before or after a rainstorm.
If Neither of These Approaches is Feasible:
Collect and contain the wash water and prevent it from flowing into any storm drains by sealing or plugging them, or by protecting them with a berm or other means. For information about containing wash water, see the Section titled “Devices That May be Used to Contain and Collect Wash Water.”
Attachment 1
BMP-5 Wash Water Disposal:. Do not discharge wash water to storm drain. Once wash water has been collected, either (1) discharge it to the sanitary sewer, or septic system via the sanitary sewer clean-out or sanitary sewer inlet at the point of generation (job site), (2) discharge it to landscaping or other suitable unpaved areas, or (3) collect it in a container for later disposal at an appropriate off-site location. Such locations could include a liquid waste receiving facility at a municipal wastewater treatment plant, such as MRWPCA’s Regional Treatment Plant located north of the City of Marina, or the sanitary sewer at the pressure washer’s place of business using the sewer clean out. Use of disposal options (1) and (2) require the property owner’s permission.
Discharges must be in compliance with the wastewater authority’s Sewer Use Ordinance, or other applicable regulations of the authority.
For the Monterey Regional Water Pollution Control Agency (MRWPCA), the applicable Ordinances are MRWPCA’s Sewer Use Ordinance 2008-01, which can be accessed at http://www.mrwpca.org/ordinances. For the Carmel Area Wastewater District (CAWD), the applicable Ordinance is CAWD’s Ordinance 91-03.
When cleaning surfaces such as buildings and decks without loose paint, sidewalks, or plazas without soap, thorough dry cleanup should normally be sufficient to allow the wash water to be discharged to the sanitary sewer without pretreatment. However, if any debris is present in the wash water it should first pass through a “20 mesh” or finer screen to remove the material before discharging it to the sanitary sewer. The material that is removed should be disposed of in the trash.
Discharges of wash water to a septic system must be approved by the Monterey County Division of Environmental Health. Discharges that contain hazardous waste, have the potential to harm septic systems, or are likely to contaminate groundwater, will not be approved.
With the property owner’s permission wash water can sometimes be disposed of to landscaping or other unpaved areas. If this means of disposal is being considered, first check the slope of the intended disposal area to be sure there will be no runoff into a street, gutter, or waterway. Also, ensure that the wash water will not create a nuisance condition or contain food products or contaminants (i.e. solvents, cleaners, oils, metals, etc.) that may constitute a hazardous waste. If disposal to landscaped areas is being considered, avoid damage to plants and soil by minimizing or eliminating the use of soaps, detergents, and chemicals. In addition, minimize the use of water to avoid wash water overflowing from these areas. Repeated discharges to landscaped areas may result in an accumulation of contaminants, thus damaging vegetation and increasing contaminant levels in the soil. If the soil is very dry, wet it down thoroughly before discharging, so that wash water will soak into the soil instead of running off to the street, gutter, or storm drain. Wash water disposal to land must not create a nuisance condition. Wash water containing garbage, food wastes, or visible trash may not be discharged to land.
Be sure to read cleaning product labels before disposing of wash water. Follow use and disposal instructions carefully. If there is any question as to whether a wash water, or waste material, is considered to be a hazardous material, check with the Monterey County Division of Environmental Health to make this determination and properly dispose of these materials. Depending on the condition of the surface being cleaned, the wastewater generated could be classified as hazardous waste. Some examples include:
1. Wastewater generated from parking lots, storage areas, and gas stations may contain oil, gas, solvents, antifreeze, metals, and/or pesticides.
2. Washing building exteriors with paint made prior to 1978 may contain lead.
Generating hazardous waste may dramatically increase operating costs and limit disposal options. Contact the Monterey County Division of Environmental Health for more information on hazardous waste determination and disposal.
BMPS APPLICABLE TO THE WASHING AND/OR CLEANING OF EXTERIOR SURFACES (E.G. SIDEWALKS, PARKING LOTS, BUILDING EXTERIORS, ETC.)
The Goal and Purpose of these BMPs is to minimize or prevent the discharge of pollutants into storm drains from washing and/or cleaning operations by either (1) discharging wash waters to the sanitary sewer, (2) containing wash water for offsite disposal to a suitable discharge facility, or (3) directing wash water to landscaped or other unpaved areas.
These BMPs apply to cleaning and/or power washing of surfaces including, but not limited to, sidewalks and plazas; parking areas; driveways, drive-thrus; restaurant/food handling cleaning and storage areas; building exteriors, roofs and decks; painted surfaces being cleaned to remove paint or graffiti; and graffiti removal.
Use These Best Management Practices:
Attachment 1
BMP-1 Planning: Determine what collection method you will be using and where you are going to discharge wastewater before starting a new job. Identify where all storm drains are located in the vicinity of the jobsite. Never discharge wastewater into a street, ditch, storm drain, or maintenance hole. Obtain all necessary permits and authorizations. If you are going to discharge into the sanitary sewer system at the job site, or on unpaved areas at the job site, always obtain the property owner’s permission.
BMP-2 Surface Pre-Cleaning: Before washing use dry methods for surface pre-cleaning whenever possible. In many cases the amount of wash water that will need to be collected and disposed of can be reduced, if this process is followed:
1. Use absorbents (such as rags, absorbent mats or pads, rice hull ash, cat litter, vermiculite, or sand) to pick up greasy or oily materials and spills.
2. Sweep or vacuum to pick up litter, trash, debris, dirt, and used absorbents.
3. Waste materials from dry cleanup such as absorbents, paint chips, etc. may often be disposed of in the trash. Check with the local solid waste authority to be sure. Rags may be sent to an industrial laundry. Know which pre-cleaning wastes may be hazardous waste BMP-3 Washing and Cleaning: Minimize the amount of water used during washing and cleaning to reduce the amount of wash water that will need to be disposed. Avoid cleaning products that contain hazardous substances (e.g. hydrofluoric acid, muriatic acid, sodium hydroxide, bleach, etc.) that can create hazardous waste. Avoid acidic, caustic, and other products that may damage paved or coated surfaces. When possible, avoid using soap – even biodegradable soap is harmful to the environment. Before using soap, test to see whether hot water under pressure will do the job. Avoid using solvent-based cleaners (especially chlorinated solvent cleaners).
Beware of pressure washing surfaces that contain lead-based paint, or areas with freestanding liquids (e.g. oil, solvents, antifreeze, etc.).
Pressure washing these types of surfaces may generate hazardous waste (e.g., lead-based paint chips, oil/grease, hydrofluoric acid, muriatic acid, etc.). Generating hazardous waste may dramatically increase your operating costs and limit your disposal options. For more information on hazardous waste determination call the Monterey County Division of Environmental Health at (831) 647-7654 or 755-4511.
BMP-4 Wash Water Containment and Collection: Contain and collect the wash water and dispose of it as described below. Decide what is the best method of collection (e.g. berms, storm drain cover mats, containment pools, vacuums/pumps, vacuum boom, inflatable pipe plug, etc). Locate property high and low spots to determine where wash water can be pooled for collection.
A simple and acceptable method for collecting wash water on private property requires only a drain plug, small sump pump, and a length of hose. If a small parking-lot-type catch basin is available, remove the grate, plug the drain pipe (usually 2, 3, or 4 inches in diameter), and place the pump in the catch basin, attached to a garden hose which will discharge to disposal (see section below regarding disposal). Vacuum booms are another option for capturing and collecting wash water. Sand bags can be used to create a barrier around storm drains, and plugs or rubber mats can be used to seal storm drain openings. Other common equipment used for containing and collecting wash water generated during pressure washing activities include: vacuum pumps, booms/berms, portable containment areas, weighted storm drain covers, oil/water separators, holding tanks, portable sump pumps, absorbents, and more. These are described in more detail below.
Avoid mixing non-hazardous wash water with wash water known to contain hazardous levels of pollutants. This will increase the volume of waste that requires treatment and/or disposal as a hazardous waste, thus increasing disposal costs. Do not leave areas of wash water on paved surfaces for evaporation. Sweep up any visible solids and sediments remaining after all the wash water has been collected.
Surface cleaning wastewater that contains visible debris or residue, soap, detergent or other cleaning agents, hazardous waste, or excessive amounts of any pollutant, may not be left on paved surfaces to evaporate because the residues will eventually be discharged to the storm drain system.
For additional information about containing wash water, see the Section titled “Devices That May be Used to Contain and Collect Wash Water.”
BMP-5 Wash Water Disposal:. Do not discharge wash water to storm drain. Once wash water has been collected, either (1) discharge it to the sanitary sewer, or septic system via the sanitary sewer clean-out or sanitary sewer inlet at the point of generation (job site), (2) discharge it to landscaping or other suitable unpaved areas, or (3) collect it in a container for later disposal at an appropriate off-site location. Such locations could include a liquid waste receiving facility at a municipal wastewater treatment plant, such as MRWPCA’s Attachment 1
Regional Treatment Plant located north of the City of Marina, or the sanitary sewer at the pressure washer’s place of business using the sewer clean out. Use of disposal options (1) and (2) require the property owner’s permission.
Discharges to the sanitary sewer must comply with the discharge requirements of the appropriate wastewater authority. The requirements of the two principal wastewater authorities within the area covered by the Monterey Regional Storm Water Management Program (MRSWMP) are described in the Section titled “Requirements for Discharge to the Sanitary Sewer.” When cleaning surfaces such as buildings and decks without loose paint, sidewalks, or plazas without soap, thorough dry cleanup should normally be sufficient to allow the wash water to be discharged to the sanitary sewer without pretreatment. However, if any debris is present in the wash water it should first pass through a “20 mesh” or finer screen to remove the material before discharging it to the sanitary sewer. The material that is removed should be disposed of in the trash.
Discharges of surface cleaning wastewater to a septic system must be approved by the Monterey County Division of Environmental Health. Discharges that contain hazardous waste, have the potential to harm septic systems, or are likely to contaminate groundwater, will not be approved.
With the property owner’s permission wash water can sometimes be disposed of to landscaping or other unpaved areas. If this means of disposal is being considered, first check the slope of the intended disposal area to be sure there will be no runoff into a street, gutter, or waterway. Also, ensure that the wash water will not create a nuisance condition or contain food products or contaminants (i.e. solvents, cleaners, oils, metals, etc.) that may constitute a hazardous waste. If disposal to landscaped areas is being considered, avoid damage to plants and soil by minimizing or eliminating the use of soaps, detergents, and chemicals. In addition, minimize the use of water to avoid wash water overflowing from these areas. Repeated discharges to landscaped areas may result in an accumulation of contaminants, thus damaging vegetation and increasing contaminant levels in the soil. If the soil is very dry, wet it down thoroughly before discharging, so that wash water will soak into the soil instead of running off to the street, gutter, or storm drain. Wash water disposal to land must not create a nuisance condition. Wash water containing garbage, food wastes, or visible trash may not be discharged to land.
Be sure to read cleaning product labels before disposing of wash water. Follow use and disposal instructions carefully. If there is any question as to whether a wash water, or waste material, is considered to be a hazardous material, check with the Monterey County Division of Environmental Health to make this determination and properly dispose of these materials. Depending on the condition of the surface being cleaned, the wastewater generated could be classified as hazardous waste. Some examples include:
3. Wastewater generated from parking lots, storage areas, and gas stations may contain oil, gas, solvents, antifreeze, metals, and/or pesticides.
4. Washing building exteriors with paint made prior to 1978 may contain lead.
Generating hazardous waste may dramatically increase operating costs and limit disposal options. Contact the Monterey County Division of Environmental Health for more information on hazardous waste determination and disposal.
DEVICES THAT MAY BE USED TO CONTAIN AND COLLECT WASH WATER The following are examples of devices that may be used to contain and collect wash water. The collection devices described are not endorsed and are only provided as a reference tool. In addition, there may be other containment devices available, which are not listed.
Note: When working with electrical equipment in wet environments, it is important to understand and comply with applicable health/safety and electrical codes, and well as utilize appropriate safety equipment (e.g. Ground Fault Interrupters, etc.) For information about where equipment and materials of these types can be obtained, see the Section titled “Sources of Equipment and Supplies.”
Berms
Berms may be used to prevent wastewater from entering a storm drain by placing a protective barrier around the storm drain inlet, thus allowing wastewater to pool around the inlet prior to proper collection and disposal. This type of containment may be less effective or ineffective when the storm drain is located at the bottom of a slope and/or a large amount of wastewater is generated.
Attachment 1
Storm Drain Covers/Mats
These devices are placed on top of the storm drain cover grate, creating a quick seal, thus preventing wastewater from entering the storm drain system. Storm drain covers/mats (magnetic vinyl mats, PVC drain covers, polyurethane mats, and others) allow wastewater to accumulate on top of it until the pressure washing activity is complete and the wash water can be collected for proper disposal. Storm drain covers/mats are frequently used along with a vacuum device that diverts wastewater into the sanitary sewer.
Containment Pools
A portable or temporary containment pool is another option which may be used to collect wash water. Containment pools are easy to assemble, provide an immediate work area, and allow wash water to be collected in a manner that will prevent pollutants from entering the storm drain system. Containment pools vary in size and material and can also be used for washing equipment and vehicles.
Vacuums/Pumps
Devices such as wet/dry vacuums, sump pumps, and vacuum pumps may be used to collect and dispose of wash water after pressure washing. Vacuum devices typically have an extension (vacuum boom) which allows the water to be collected efficiently. In addition, many vacuum devices are equipped with a hose that can run from the pump to the sanitary sewer, a treatment device, or a holding tank depending on the disposal method.
Attachment 1
Vacuum Boom
Vacuum booms are an attachment for the vacuum device. The boom typically rests flush on the ground and draws wastewater through small holes on the bottom of the boom. In addition, different varieties of vacuum booms are available for areas with steep slopes or rough terrain.
Inflatable Pipe Plug
Inflatable pipe plugs prevent wash water from entering a storm drain system by blocking the pipe leading from the drain inlet. Unlike the storm drain mats/covers that block the storm drain grates, the inflatable pipe plug is inserted into the storm drain pipe and uses the inlet structure beneath the grate to collect the wash water. Once inserted, the plug is inflated to make a snug fit. Once the wash water has been contained, it can be collected and disposed by using a portable pump device. Note: inflatable pipe plugs should only be used in storm drains on private property. They are not authorized to be used in public storm drain inlets or pipes.
CONSTRUCTION SITE BMPs
This guidance specifies Best Management Practices (BMPs) for construction sites that shall be employed to protect water quality during construction. At a minimum, every construction site shall employ applicable BMPs outlined below. The additional best management practices, measures and controls described below shall be employed as applicable and to the maximum extent practicable to prevent pollutants from entering stormwater runoff. For additional details on items shown with an asterisk (*), see Section 4 “Sources of Additional Information” in this Guidance Series.
Section 1.0 Construction Site Planning BMPs
Project proponent must develop and implement a plan to manage storm water and non-storm water discharges from the site at all times.
Grading during the wet season must be minimized and should coincide with seasonal dry weather periods to the maximum extent practicable. If grading does occur during the wet season, project proponent is required to implement additional BMPs for any rain events which may occur.
1.1 Site Plan
1.1.1 Plan the development to fit the topography, soils, drainage pattern and natural vegetation of the site.
1.1.2 Remove existing vegetation only when absolutely necessary.
1.1.3 Delineate clearing limits, easements, setbacks, sensitive or critical areas, trees, drainage courses, and buffer zones to prevent excessive or unnecessary disturbances and exposure.
Attachment 1
1.1.4 Avoid construction on steep slopes*
1.1.5 Minimize cuts and fills*
1.1.6 Align temporary and permanent roads and driveways along slope contours*
1.2 Other Measures
1.2.1 Phase grading operations to reduce disturbed areas and time of exposure
1.2.2 Avoid excavation and grading during wet weather
1.2.3 Winterize construction site*
Section 2.0 Erosion and Sediment Control BMPs
Project proponent must stabilize all slopes and emphasize erosion prevention as the most important measure for keeping sediment on site during construction, and must utilize sediment controls as a supplement to erosion prevention for keeping sediment on-site during construction, and never as the single or primary method.
2.1 Soil Cover
2.1.1 Install cover materials such as vegetative debris, mulch, crushed stone, geotextile fabric, erosion control blankets*
2.1.2 Use soil stabilizers as appropriate*
2.1.3 Use temporary seeding and planting to reduce erosion potential*
2.1.4 Temporarily stabilize and reseed disturbed soil areas as rapidly as possible
2.1.5 Permanently re-vegetate or landscape as early as maximally practicable
2.2 Tracking Control (for sites where on-site room allows for these measures)
2.2.1 Construct stabilized access roads and entrances*
2.2.2 Construct entrance/exit tire wash*
2.2.3 When cleaning sediments from streets, driveways and paved areas on construction sites, use dry sweeping methods where possible. If water must be used to flush pavement, collect runoff in temporary storage tanks to settle out sediments prior to discharge to the storm drains, and protect storm drain inlets.
2.3 Structures to Control and Convey Runoff
2.3.1 Earth dikes, drainage swales and ditches*
2.3.2 Slope drains and subsurface drains*
2.2.3 Velocity dissipation devices*
2.3.4 Flared culvert end sections*
2.3.5 Check dams*
2.4 Other Measures
2.4.1 Slope roughening/terracing/rounding*
2.4.2 Level spreader*
2.5 BMPs to Capture Sediment
Attachment 1
2.5.1 Use terracing, riprap, sand bags, rocks, straw bales, and/or temporary vegetation on slopes to reduce runoff velocity and trap sediments. Do not use asphalt rubble or other demolition debris for this purpose.
2.5.2 Protect storm drain inlets from sediment-laden runoff. Storm drain inlet protection devices include sand bag barriers, filter fabric fences, block and gravel filters, and excavated drop inlet sediment traps.*
2.5.3 When dewatering the site, remove sediment from the discharge using filtration methods. Mobile units specifically designed for construction site dewatering can be rented for this purpose.
2.6 Other Controls (as required)
2.6.1 Silt fence*
2.6.2 Straw bale barrier (other than at storm drain inlets)*
2.6.3 Sand bag barrier*
2.6.4 Brush or rock filter*
2.6.5 Sediment trap*
2.6.6 Temporary sediment basin*
*For additional details, see Section 4.0 “Sources of Additional Information” below.
Section 3.0 General Site and Materials Management
3.1 All Construction Sites
3.1.1 Identify all storm drains, drainage swales, channels, sloped areas, and creeks located on or near the construction site and make sure all subcontractors are aware of their locations and use appropriate methods to prevent pollutants from entering them.
3.1.2 Clean up leaks, drips, and other spills immediately.
3.1.3 Refuel vehicles and heavy equipment in one designated location.
3.1.4 Wash vehicles at an appropriate off-site facility. If equipment must be washed on-site, do not use soaps, solvents, degreasers, or steam cleaning equipment, and prevent wash water from entering the storm drain.
3.1.5 Never wash down pavement or surfaces where materials have spilled. Use dry cleanup methods whenever possible.
3.1.6 Avoid contaminating clean runoff from areas adjacent to your site by using berms and/or temporary or permanent drainage ditches to divert water flow around the site.
3.1.7 Keep materials out of the rain. Schedule clearing or heavy earth moving activities for periods of dry weather. Cover exposed piles of soil, construction materials and wastes with plastic sheeting or temporary roofs. Before it rains, sweep and remove materials from surfaces that drain to storm drains, creeks, or channels.
3.1.8 Place trash cans around the site to reduce litter. Dispose of non-hazardous construction wastes in covered dumpsters or recycling receptacles. Recycle leftover materials whenever possible.
3.1.9 Dispose of all wastes properly. Materials that can not be reused or recycled must be taken to an appropriate landfill or disposed of as hazardous waste.
3.1.10 Cover open dumpsters with plastic sheeting or a tarp during rainy weather. Secure the sheeting or tarp around the outside of the dumpster. If your dumpster has a cover, close it.
3.1.11 Train your employees and inform subcontractors about the stormwater requirements and their own responsibilities.
3.2 Construction Projects Involving Paint Work
Attachment 1
3.2.1 Non-hazardous paint chips and dust from dry stripping and sand blasting may be swept up or collected in plastic drop cloths and disposed of as trash. Chemical paint stripping residue and chips and dust from marine paints or paints containing lead or tributyl tin must be disposed of as a hazardous waste.
3.2.2 When stripping or cleaning building exteriors with high-pressure water, cover or berm storm drain inlets. If possible (and allowed by your local wastewater authority), collect (mop or vacuum) building cleaning water and discharge to the sanitary sewer.
3.2.3 Never clean brushes or rinse paint containers into a street, gutter, storm drain, or creek.
3.2.4 For water-based paints, paint out brushes to the extent possible and rinse to a drain leading to the sanitary sewer (i.e., indoor plumbing).
3.2.5 For oil-based paints, paint out brushes to the extent possible, and filter and reuse thinners and solvents. Dispose of unusable thinners and residue as hazardous waste.
3.2.6 Recycle, return to supplier or donate unwanted water-based (latex) paint.
3.2.7 Dried latex paint may be disposed of in the garbage.
3.2.8 Unwanted oil-based paint (that is not recycled), thinners, and sludges must be disposed of as hazardous waste.
3.3 Construction Projects Involving Cement and Concrete Work
3.3.1 Avoid mixing excess amounts of fresh concrete or cement mortar on-site.
3.3.2 Store dry and wet materials under cover, protected form rainfall and runoff.
3.3.3 Wash out concrete transit mixers only in designated wash-out areas where the water will flow into settling ponds or onto dirt or stockpiles of aggregate base or sand. Pump water from settling ponds to the sanitary sewer, where allowed. Whenever possible, recycle washout by pumping back into mixers for reuse. Never dispose of washout into the street, storm drains, drainage ditches, or creeks.
3.3.4 Whenever possible, return contents of mixer barrel to the yard for recycling. Dispose of small amounts of excess concrete, grout, and mortar in the trash.
3.4 Construction Projects Involving Roadwork/Pavement Construction
3.4.1 Apply concrete, asphalt, and seal coat during dry weather to prevent contaminants from contacting stormwater runoff.
3.4.2 Cover storm drain inlets and manholes when paving or applying seal coat, slurry seal, fog seal, etc.
3.4.3 Always park paving machines over drip pans or absorbent materials, since they tend to drip continuously.
3.4.4 When making saw-cuts in pavement, use as little water as possible. Cover each storm drain inlet completely with filter fabric during the sawing operation and contain the slurry by placing straw bales, sandbags, or gravel dams around the catch basins. Use a wet-dry vacuum to pick up slurry prior to drying or after the liquid drains or evaporates, shovel or vacuum the slurry residue from the pavement or gutter and remove from site.
3.4.5 Wash down exposed aggregate concrete only when the wash water can: (1) flow onto a dirt area; (2) drain onto a bermed surface from which it can be pumped and disposed of properly; or (3) be vacuumed from the area along the curb where sediment has accumulated by blocking a storm drain inlet.
3.4.6 Allow aggregate rinse to settle, and pump the water to the sanitary sewer if allowed by your local wastewater authority.
3.4.7 Never wash sweepings from exposed aggregate concrete into a street or storm drain. Collect and return to aggregate base stockpile, or dispose with trash.
3.4.8 Recycle broken concrete and asphalt.
Section 4.0 Sources of Additional Information
Additional information on Construction Site Controls is available in the publications listed below.
Attachment 1
4.1 California Stormwater Quality Association (2003) Storm Water Best Management Practice Handbook – Construction.
4.2 Association of Bay Area Governments. 1995. Manual of Standards for Erosion and Sediment Control Measures. A comprehensive filed guide for controlling soil erosion in California.
4.3 BASMAA. 1996. Start at the Source – Residential Site Planning and Design Guidance Manual.
4.4 Caltrans. (2003) Storm Water Quality Handbooks – Construction Contractors Guide and Specifications. May.
4.5 California RWQCB, San Francisco Region, Erosion and Sediment Control Field Manual (most recent edition).
4.6 Caltrans (2003), Storm Water Quality Handbooks – Project Planning and Design Guide.
POST-CONSTRUCTION BMPS FOR NEW DEVELOPMENT AND REDEVELOPMENT The focus of this guidance is post-construction BMPs for new development or redevelopment projects. Post-construction BMPs are grouped into three types:
1. Site Planning Measures that avoid or reduce disturbance of the site and limit the addition of impervious surfaces;
2. Pollution Prevention and Source Control Measures that reduce or eliminate potential future sources of pollutants; and
3. Treatment Control Measures that treat polluted runoff from new development/redevelopment sites.
This guidance is focused strictly on specific controls that can be incorporated into individual development projects to avoid or reduce the pollutants from the particular project. Where appropriate, pros and cons are described along with typical conditions under which these controls have been found to be effective.
The best opportunities for post-construction controls are available in larger projects or when implemented on a regional basis, and most of this guidance emphasizes controls that can be introduced in larger new development/redevelopment projects through the discretionary approval process. The second section of this guidance presents a list of controls that can be employed for small infill-type projects which are subject only to the ministerial approval process where the opportunities are limited.
Projects requiring discretionary approval from the local jurisdiction include almost all projects except minor infill development. This discretionary approval process is commonly the design review process, although other discretionary approvals such as a use permit or a subdivision map approval may also be triggered depending on the characteristics of the project.
Projects requiring ministerial approval are small improvement projects that conform to the site zoning requirements and include either a new single-family unit or minor modifications to an existing single family unit or a single structure. Such projects typically do not need discretionary approval, but will in all cases need a ministerial permit, such as a building or a grading permit.
Post-Construction BMPs for Projects Requiring Discretionary Approvals Site Planning BMPs
This group of post-construction controls includes site planning to protect sensitive resources at or near the site and the use of alternate paving and cover materials to reduce the amount of impervious surfaces added by a new development. Studies have shown that in single-family residential areas, streets are the primary producers of runoff, and sidewalks and lawns, if properly vegetated, are a minor source. In multi-family developments, streets, parking lots and roofs generate similar quantities of runoff. In commercial/industrial areas, parking lots and roofs are the main generators of runoff. It follows then that to reduce impervious surfaces, in single-family residential areas reduction of street width and driveway lengths should be the primary strategy, while in multi-family developments and industrial/commercial areas, strategies should focus on reducing parking lots and the footprint of buildings. For more information on site planning, refer to “Start at the Source Residential Site Planning and Design Guidance Manual for Stormwater Quality Protection”, available from BASMAA.
Site planning BMPs that minimize impervious surface and maximize infiltration are described below:
1. Cluster development – Concentrate the development on a limited portion of the site and leave the remaining portion undisturbed. This should be used where appropriate without creating other hazards such as those of access during emergencies.
Attachment 1
2. Preserve natural drainages – This measure includes not filling in the natural drainage features at the site, maintaining invert/streambeds to maximize capacity, and providing vegetated setbacks or buffer strips outside of the maximum water surface level.
Main concerns are related to safety especially of children and future need for mosquito/pest control.
3. Reduce sidewalk widths, especially in low-traffic areas – This control provides limited runoff reduction benefits, and reduction of width may not possible due to Americans with Disabilities Act (ADA) requirements.
1. Avoid curb and gutter along driveways and streets where appropriate – This is recommended in areas where flooding and ponding of water creating mosquito habitat is not a problem. Replace with swales.
2. Use alternate paving materials/porous/permeable materials, where appropriate – This measure includes use of alternate paving materials (e.g., porous asphalt, pervious concrete, pavers), landscaping, mulch, gravel and cobbles where appropriate to provide ground cover, and reduce the use of asphalt or other impervious pavement. Pavers are recommended for driveways, walkways, and patios in single-family residences where the site does not generate highly polluted runoff (that could contaminate groundwater if it were to infiltrate) and where ADA requirements do not have to be met. In non-residential areas, pavers are recommended for emergency access roads, overflow parking areas, and non-handicapped parking stalls. (Note: Some types of alternate paving materials may not be suitable where heavy loads (e.g. truck movement) are anticipated.) For more information on alternate paving materials, see Post-Construction Controls for New Development Fact Sheets available from BASMAA.
3. Reduce the length of driveways or infiltrate driveway runoff – This control applies mainly to single-family residential units. If reduction of the driveway length is not possible, grade and construct driveway so that runoff from driveway is directed to the adjacent landscaped areas.
4. Reduce street width by eliminating on-street parking (where such actions do not pose a safety hazard) – This measure can be generally used in new residential areas. In addition to reducing the impervious area, this control has the added benefit of removing cars from streets and making street sweeping easier and more effective. If on-street parking in residential areas is eliminated, the developer must provide adequate off-street visitor parking.
5. Reduce alley width or use alternate materials for paving alleys – If alleys are included in a proposed development, width should be minimized or alternate paving materials should be used.
6. Set aside open space – This control is recommended for all developments (residential and non-residential). The main concern with open space relates to maintenance, weed control, and fire prevention. This group includes controls that can be incorporated into new development/redevelopment projects to avoid pollution in the long run by eliminating sources.
Pollution Prevention and Source Control BMPs
This group of BMPs includes controls that can be incorporated into new development/redevelopment projects to avoid pollution by eliminating sources.
1. Provide green areas where pets can be exercised – Pet excrement is a major source of bacteria in urban runoff. Provide green areas in new residential developments where people can walk their pets and keep pet excrement away from sidewalks and streets.
2. Install landscaping or other cover – Clearing and grading of surfaces in new development can increase potential for erosion. Install landscaping or other cover materials to minimize erosion from graded surfaces. Use of native plant materials is recommended because native plants require less maintenance and irrigation, and are typically more resistant to fires than non-native grasses. Native plants do take longer to cover slopes, therefore during the first few years, supplemental protection (erosion blanket, mulch, etc.) will be necessary.
3. Incorporate low-maintenance landscaping – At sites where erosion may not be a concern but landscaping is proposed as part of the development, use low-maintenance landscaping that does not require frequent fertilizer, pesticide and herbicide application. Assistance in identifying the types of trees, shrubs, and ground cover that would work in the community, based on local climatic and soil conditions, can be obtained from garden centers, landscapers, and other sources.
4. Label storm drains to discourage dumping – Label all storm drain inlets and catch basins within the project area with prohibitive language (such as: “NO DUMPING – DRAINS TO OCEAN”) and/or graphical icons to discourage illegal dumping. Signs and prohibitive language and/or graphical icons, which prohibit illegal dumping, must be posted at public access points along channels and creeks within the project area. Legibility of stencils and signs must be maintained.
Attachment 1
5. Where possible, eliminate gutters/roof drains or direct runoff to landscaped areas – Roof drains can be eliminated only in one to twostory buildings. Where these cannot be eliminated, direct the downspout of the gutter to a landscaped area or into an infiltration trench.
Install several gutters to distribute the flow.
6. Construct designated vehicle wash area – In new residential developments involving more than 50 units, construct a designated vehicle wash area so that the runoff from vehicle washing can be property treated and/or disposed. Contact the local wastewater authority to determine if the discharge can be plumbed to the sanitary sewer. If not, provide appropriate treatment and disposal of this runoff.
7. Where possible use underground parking and the construction of multi-storied parking structures – For commercial projects build underground or multi-story parking structures so that not only is impervious surface minimized but the parking surfaces are under a roof and not exposed to storm water.
8. Where possible use cooperative or shared parking – For commercial areas this may be a cooperative effort between commercial entities or between commercial entities and the City.
9. Use alternate paving materials for parking lots – This control is recommended for overflow parking areas and for less frequently used parking spaces (typically these are spaces along the periphery of the parking lot that will not have to meet ADA requirements and due to low usage there will be less concern regarding pollution of groundwater through infiltration of stall runoff).
10. Use measures to reduce building footprint and increase use of taller structures (where appropriate) – This control is recommended for commercial and municipal structures, where it would also be consistent with other City planning and building requirements.
11. Berm waste storage areas – Grade and pave outdoor waste receptacle areas to prevent run-on of storm water, and install a low containment berm around it. Alternately, construct a covered enclosure with wash-down capabilities plumbed into the sanitary sewer, after first contacting the local wastewater authority to verify that this practice will be acceptable.
12. Install valves on storm drain inlets in loading dock areas – At commercial/industrial facilities where loading docks are proposed, install a valve(s) to control runoff in the event of spills.
Treatment BMPs
This group of BMPs includes controls that can be built at new development and redevelopment sites to capture and treat the polluted runoff before it enters the City’s storm drain system or other receiving waters. Those BMPs which are feasible for the proposed development should be incorporated into its design.
Treatment control design standards, depending on the type of units, are based on either treating a given volume of runoff (e.g., first 0.5 inch of runoff) or a peak flow rate associated with a design storm. The volume approach is often utilized for small catchments where there tends to be a “first flush” condition (e.g., a parking lot). Design storms for storm water controls may be small (e.g. recurrence intervals of 3 months to 2 years) compared to flood control designs standards because of the need to minimize the size and cost of the unit, and because most runoff is associated with the more frequent smaller events. Treatment controls must be designed such that volumes and flows in excess of the design standard bypass the unit, otherwise there is the possibility of aggravating flooding and also causing resuspension of previously captured sediments or other constituents. Also, all of the treatment BMPs described below require some inspection, maintenance, and disposal of solids to ensure optimum performance and often to avoid flooding.
1. Rooftop Catchment Systems – These are rooftops which can sometimes be designed into large commercial and industrial sites to pool stormwater which, following the storm, evaporates. This effectively eliminates rooftop runoff from the storm drain system, and thereby reduces the hydraulically-connected impervious area. Another function of these systems is to slow down the runoff to reduce peaks.
Problems with rooftop catchment systems are mainly related to leakage.
2. Vegetated Filter Strips – Vegetated filter strips, buffer strips, or riparian buffer zones are strips of vegetation placed between receiving waters (e.g., along streams) and pollutant sources. The effectiveness of the strips depend primarily on the width of the strip, and the vegetation type and condition. Strips of 100-300 feet in width are often considered. Such strips have been successfully applied to urban, agricultural, and forestry situations. Vegetation type selection must take into account the climate and usually should be drought-resistant.
Maintenance is primarily annual cutting. Such strips are recommended for developments located along receiving waters such as streams, rivers and lakes, but outside the flood control boundary.
Attachment 1
3. Vegetated Swales – Swales are shallow low gradient channels that are vegetated. They are commonly applied in rural residential areas in lieu of traditional curb/gutters and underground stormwater drainage pipes. Water quality improvement is achieved primarily through filtration, and performance is dependent on the swale hydraulic capacity and vegetation type and condition. Influent water should be relatively free of coarse sediment to avoid burying the vegetation. Where sediment loads are of concern, sediment settling basins can be provided upstream of the swales. Maintenance consists primarily of vegetation management and settling basin cleanouts. Swales are generally recommended for low-density residential developments located in relatively flat terrain.
4. Infiltration Basins – Infiltration basins store and infiltrate stormwater into the surficial groundwater aquifer. Performance is critically dependent on soil porosity and adequate depth to groundwater. Such conditions are typical of inland valleys, in contrast to low lying coastal areas. In order to maintain recharge rates, influent water may require pretreatment to remove sediments. Infiltration basins are effective at reducing runoff rates and volumes and can provide water supply benefits through aquifer recharge. Maintenance primarily consists of periodic removal of accumulated trash, debris and sediments to maintain recharge rates. Infiltration basins are generally recommended in areas where the depth to groundwater is relatively high and the soils are highly pervious. Where such conditions exist, this technology is generally applicable to the entire range of urban development, although the potential for groundwater contamination is often of concern in industrial areas.
5. Infiltration Trenches – Infiltration trenches are shallow drains filled with high porosity materials (e.g. gravel). Stormwater discharged to these trenches is stored during the runoff event and infiltrates into the groundwater during dry weather periods. As with infiltration basins, performance requires porous sub-soils and adequate depth to the groundwater table. The acceptability and designs of infiltration trenches must take into consideration the potential for infiltrating water to adversely affect soil strength around foundations. Infiltration trenches are generally not recommended for roof runoff near buildings because of building code requirements; but can be effective as part of the overall open channel drainage system.
6. Dry Detention Ponds/Basins – These are basins designed to temporarily store and treat storm water prior to gradually releasing it downstream. Such basins can provide flood control and storm water treatment benefits. Treatment performance depends on storage volume (12-24 hours of residence time is considered a good rule of thumb), and good circulation (avoidance of short circuiting). A major factor limiting good performance is that, during larger storm runoff events, water entering a dry basin may re-suspend previously settled material in which case the ponds may act as a source of sediment and associated chemicals. In general dry basins are not as effective as wet basins (discussed below), however, in certain arid areas, wet basins are not feasible. Performance of dry basins can be improved by incorporating slow release outlet structures. Such basins are generally applicable to residential, commercial, and industrial development in areas where there is insufficient runoff to maintain wet basins.
7. Retention Ponds/Wet Basins – These are basins that contain a permanent pool of water. Such ponds can provide flood control, ecological, and water quality benefits. The performance of wet basins depends on the size of the basin, watershed characteristics, and influent conditions. The primary treatment process in retention ponds is settling. Maintenance is required for removing debris, vegetation management, and maintaining the inlet and outlet structures. Accumulation rates in such basins typically require that accumulated sediment be removed about once every 10-20 years. Retention ponds are generally applicable to most urban situations, as long as there is adequate space for the facility and acceptable geological conditions.
8. Constructed/Restored Wetlands – In addition to providing flood control and water supply benefits through artificial recharge of groundwater, constructed wetlands designed for stormwater management provide water quality benefits through a number of processes including sedimentation, filtration, absorption, biological processes, and nutrient uptake. Pollutant removal performance depends on the size of the wetland relative to the watershed, the design of the wetland, and the type and composition of wetland vegetation. Wetlands also provide additional ecological and recreational benefits. If a significant amount of sedimentation is anticipated, a deep settling basin could be constructed (which the water would enter prior to reaching the wetland). The basin would require periodic maintenance to remove accumulated sediment. Constructed wetlands require maintenance, especially in the first 5-10 years during which vegetation is growing and natural seeding is occurring. Providing suitable hydrologic conditions for vegetation growth and water treatment is key to successful performance of constructed wetlands. Constructed wetlands are generally applicable to most urban situations, as long as there is adequate space for the facility, an adequate source of water, and appropriate soils. In California, such wetlands would likely be seasonal in nature. The cost of urban lands often preclude this type of treatment in the more densely developed portions of urban areas.
A variation of this control is the use of existing wetlands for urban runoff treatment. Existing wetlands at or downstream of a new development/redevelopment project can be enhanced to improve hydrology, and runoff from the development project can be directed to the wetlands. Note that the dry detention ponds/basins, retention ponds/wet basins, and the constructed wetlands need to be periodically Attachment 1
monitored for accumulation of toxic materials, and provisions made for cleanout and disposal pretreatment may be added (to remove heavy sediment trash and debris) to reduce maintenance. If a significant amount of sediment is anticipated, a deep settling basin could be constructed. This would also need to be periodically cleaned out to maintain capacity.
9. Filtration Systems – Filtration systems convey stormwater through filter media (e.g., sand, compost, charcoal) to treat the storm water.
The chemicals treated vary depending on the type of media and may include fine sediment, colloidal material, hydrocarbons, organics, nutrients and dissolved metals. Such systems come in many sizes and designs including: (1) inserts placed in individual storm drain inlets, (2) linear units that treat stormwater from small impervious areas such as parking lots, and (3) large 1-2 acre sand filters that treat runoff from urban catchments. Filters are effective as long as the capacity of the filter is not exceeded, and the filter is not allowed to clog.
Filter inserts are particularly problematic in this regard, and recent testing and evaluation questions their applicability where material in runoff will clog or block the filter. In stormwater applications filter systems are required to remove blocking materials (leaves, trash, debris, sediments, oil and grease) and storage to better manage flow rates. Experience to date with filter type inserts for drain inlets suggest that the units are easily clogged with sediment and debris, with resultant bypassing of most of the flows. Therefore, inserts are not recommended unless frequent inspection and cleaning is performed. Filtration systems will have limited application in small wellmaintained parking lots.
10. Oil/Grit Separators – Oil/grit (gravity) separators are usually multi-chambered treatment units that are placed underground and treat stormwater from a drainage catchment. The individual chambers often are designed to trap grit and floatables, and adsorb hydrocarbons.
Flows in excess of the design capacity should be diverted around the unit, otherwise there is the possibility that sediment previously trapped in the chambers will be re-suspended and flushed downstream. Inspection and maintenance is required to ensure that the units are not filling up with sediment, as accumulation can affect performance. Traditional gravity oil/water separators that utilize skimming devices and coalescing plates (to increase droplet size and capture) are generally not applicable to stormwater conditions where total hydrocarbon concentrations are generally less than 10 mg/l. The performance of oil/grit separators varies depending on the chosen design. Research should be done before selecting any separators to verify that they will perform as desired. In general, oil/grit separators are useful only at sites where there are chances that oil spills could occur and to a limited degree at development sites that have high oil and grease loadings such as petroleum storage yards and vehicle storage facilities.
Post-Construction BMPs for Projects Requiring Ministerial Approvals
1. Incorporate low-maintenance landscaping – Use low-maintenance drought-tolerant landscaping that does not require frequent fertilizer, pesticide and herbicide application.
2. Label storm drains to discourage dumping – Label all storm drain inlets and catch basins within the project area with prohibitive language (such as: “NO DUMPING – DRAINS TO OCEAN”) and/or graphical icons to discourage illegal dumping. Signs and prohibitive language and/or graphical icons, which prohibit illegal dumping, must be posted at public access points along channels and creeks within the project area. Legibility of stencils and signs must be maintained.
3. Where possible, direct gutters to landscaped areas – Roof drains may be eliminated only in one to two-story buildings. Where these cannot be eliminated, direct the downspout of the gutter to landscaped area or into an infiltration trench. Install several gutters to distribute the flow. Note that roof drains may be eliminated in residential and some commercial areas only, and should not be eliminated in industrial areas.
4. Use alternate paving materials/porous/permeable materials, where appropriate – Use alternate paving materials (pavers), landscaping, mulch, gravel and cobbles where appropriate to provide ground cover, and reduce the use of asphalt or other impervious pavement.
Pavers are recommended for driveways, walkways, and patios in single-family residences where the site does not generate highly polluted runoff (that could contaminate groundwater if it were to infiltrate) and where ADA requirements do not have to be met. In nonresidential areas, pavers are recommended for emergency access roads, overflow parking areas, and non-handicapped parking stalls.
These are not recommended where heavy loads (e.g. truck movement) are anticipated. For more information on alternate paving materials, see Post-Construction Controls for New Development Fact Sheets available from BASMAA.
Providing Proof of Ongoing Post-Construction BMP Maintenance As part of project review, if a project applicant is required to include Structural or Treatment Control BMPs in project plans, the City will require that the applicant provide verification of maintenance provisions through such means as may be appropriate, including, but not limited to legal agreements, covenants, CEQA mitigation requirements and/or Conditional Use Permits.
Attachment 1
For all properties, the verification will include the developer’s signed statement, as part of the project application, accepting responsibility for all structural and treatment control BMP maintenance until the time the property is transferred and, where applicable, a signed agreement from the public or private entity assuming responsibility for Structural or Treatment Control BMP maintenance. A sample agreement is included in Attachment A at the end of this section.
The transfer of property to a private or public owner shall have conditions requiring the recipient to assume responsibility for maintenance of any Structural or Treatment Control BMP included in the sales or lease agreement for that property. The condition of transfer shall include a provision that the property owners conduct maintenance inspection of all Structural or Treatment Control BMPs at least once a year and retain proof of inspection. For residential properties where the Structural or Treatment Control BMPs are located within a common area which will be maintained by a homeowner’s association, language regarding the responsibility for maintenance shall be included in the projects conditions, covenants and restrictions (CC&Rs).
Printed educational materials will be required to accompany the first deed transfer to highlight the existence of the requirement and to provide information on what storm water management facilities are present, signs that maintenance is needed, and how the necessary maintenance can be performed. The transfer of this information shall also be required with any subsequent sale of the property.
Sources of Additional Information
For additional information on post-construction controls for new development and redevelopment projects, see the following:
Bay Area Stormwater Management Agencies Association. 1996. Start at the Source. Residential Site Planning and Design Guidance Manual for Stormwater Quality Protection.
City of Olympia. 1994. Impervious Surface Reduction Study. Conducted by the Public Works Department. Water Resources Program.
November. (for information on reducing impervious surfaces such as street widths, sidewalks, and parking facilities).
Wilson, A. 1994. “Stormwater Management, Environmentally Sound Approaches”, published in the Environmental Building News, Vol. 3, No. 5, September/October. (for a general discussion of new development controls).
City of San Rafael. 1991. Hillside Residential Design Guidelines Manual. Prepared by Gast Hilmer Associates. (for more information on designing and building residential developments in hilly areas).
Bay Area Stormwater Management Agencies Association (BASMAA). 1997. Compilation of New Development Stormwater Treatment Controls in the San Francisco Bay Area. June. (For treatment controls) California State Stormwater Quality Task Force. 1993. California Stormwater Best Management Practice Handbook – Municipal. March. (For treatment controls)
US Environmental Protection Agency. 1993. Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters, Issued Under Authority of Section 6217(g) of the Coastal Zone Act Reauthorization Amendments of 1990. EPA 840-B-92-002.
January.
Center for Watershed Protection, Watershed Protection Techniques, A Quarterly Bulletin on Urban Watershed Restoration and Protection Tools.
Center for Watershed Protection. 1996. Design of Stormwater Filtering Systems, prepared for Chesapeake Research Consortium, December.
Center for Watershed Protection. 1995. Site Planning for Urban Stream Protection, prepared by T. Schueler for Metropolitan Washington Council of Governments. (For information on cluster development, stream protection buffers, street reduction controls)
MANDATORY DESIGN STANDARDS
All discretionary development and redevelopment projects that fall into one of the following categories are subject to the Design Standards set forth below. These categories are:
1. Single-Family Hillside Residences
2. 100,000 Square Foot Commercial Developments
Attachment 1
3. Automotive Repair Shops
4. Retail Gasoline Outlets
5. Restaurants
6. Home Subdivisions with 10 or more housing units
7. Parking lots 5,000 square feet or more or with 25 or more parking spaces and potentially exposed to storm water runoff
1. Design Standards Applicable to All Categories:
a. Peak Storm Water Runoff Discharge Rates. Post-development peak storm water runoff discharge rates shall not exceed the estimated pre-development rate for developments where the increased peak storm water discharge rate will result in increased potential for downstream erosion.
b. Conserve Natural Areas. If determined appropriate by the City, the following items must be implemented in the site layout during the subdivision design and approval process, consistent with applicable General Plan and Local Area Plan policies:
1) Concentrate or cluster Development on portions of a site while leaving the remaining land in a natural undisturbed condition. 2) Limit clearing and grading of native vegetation at a site to the minimum amount needed to build lots, allow access, and provide fire protection.
3) Maximize trees and other vegetation at each site by planting additional vegetation, clustering tree areas, and promoting the use of native and/or drought tolerant plants.
4) Promote natural vegetation by using parking lot islands and other landscaped areas. 5) Preserve riparian areas and wetlands.
c. Minimize Storm Water Pollutants of Concern. The development must be designed so as to minimize, to the maximum extent practicable, the introduction of pollutants of concern that may result in significant impacts, generated from site runoff of directly connected impervious areas (DCIA), to the storm water conveyance system as approved by the building official. Pollutants of concern consist of any pollutants that exhibit one or more of the following characteristics: current loadings or historic deposits of the pollutant are impacting the beneficial uses of a receiving water, elevated levels of the pollutant are found in sediments of a receiving water and/or have the potential to bioaccumulate in organisms therein, or the detectable inputs of the pollutant are at concentrations or loads considered potentially toxic to humans and/or flora and fauna. In meeting this specific requirement, “minimization of the pollutants of concern” will require the incorporation of a BMP or combination of BMPs best suited to maximize the reduction of pollutant loadings in that runoff to the Maximum Extent Practicable.
d. Protect Slopes and Channels. Project plans must include BMPs consistent with local codes, ordinances, or other regulatory mechanism and these Design Standards to decrease the potential of slopes and/or channels from eroding and impacting storm water runoff:
1) Convey runoff safely from the tops of slopes and stabilize disturbed slopes. 2) Utilize natural drainage systems to the maximum extent practicable. 3) Stabilize permanent channel crossings.
4) Vegetate slopes with native or drought tolerant vegetation, as appropriate. 5) Install energy dissipaters, such as riprap, at the outlets of new storm drains, culverts, conduits, or channels that enter unlined channels in accordance with applicable specifications to minimize erosion, with the approval of all agencies with jurisdiction, e.g., the U.S. Army Corps of Engineers and the California Department of Fish and Game. e. Provide Storm Drain System Stenciling and Signage. All storm drain inlets and catch basins within the project area must be stenciled with prohibitive language (such as: “NO DUMPING – DRAINS TO OCEAN”) and/or graphical icons to discourage illegal dumping. Signs Attachment 1
and prohibitive language and/or graphical icons, which prohibit illegal dumping, must be posted at public access points along channels and creeks within the project area. Legibility of stencils and signs must be maintained. f. Properly Design Outdoor Material Storage Areas. Outdoor material storage areas refer to storage areas or storage facilities solely for the storage of materials. Where proposed project plans include outdoor areas for storage of materials that may contribute pollutants to the storm water conveyance system, the following Structural or Treatment BMPs are required:
1) Materials with the potential to contaminate storm water must be: (a) placed in an enclosure such as, but not limited to, a cabinet, shed, or similar structure that prevents contact with runoff or spillage to the storm water conveyance system; or (b) protected by secondary containment structures such as berms, dikes, or curbs.
2) The storage area must be paved and sufficiently impervious to contain leaks and spills. 3) The storage area must have a roof or awning to minimize collection of storm water within the secondary containment area. g. Properly Design Trash Storage Areas. A trash storage area refers to an area where a trash receptacle or receptacles (dumpsters) are located for use as a repository for solid wastes. All trash storage areas must meet the following Structural or Treatment Control BMP requirements (individual single family residences are exempt from these requirements):
1) Trash container areas must have drainage from adjoining roofs and pavement diverted around the area(s). 2) Trash container areas must be screened or walled to prevent off-site transport of trash. h. Provide Proof of Ongoing BMP Maintenance. If a project applicant has included or is required to include, Structural or Treatment Control BMPs in project plans, the applicant shall provide verification of maintenance provisions through such means as may be considered appropriate by the City, including but not limited to legal agreements, covenants, CEQA mitigation requirements and/or Conditional Use Permits. For all properties, the verification will include the developer’s signed statement, as part of the project application, accepting responsibility for all structural and treatment control BMP maintenance until the time the property is transferred and, where applicable, a signed agreement from the public entity assuming responsibility for Structural or Treatment Control BMP maintenance. The transfer of property to a private or public owner must have conditions requiring the recipient to assume responsibility for maintenance of any Structural or Treatment Control BMP to be included in the sales or lease agreement for that property, and will be the owner’s responsibility. The condition of transfer shall include a provision that the property owners conduct maintenance inspection of all Structural or Treatment Control BMPs at least once a year and retain proof of inspection. For residential properties where the Structural or Treatment Control BMPs are located within a common area which will be maintained by a homeowner’s association, language regarding the responsibility for maintenance must be included in the project’s conditions, covenants and restrictions (CC&Rs).
Printed educational materials will be required to accompany the first deed transfer to highlight the existence of the requirement and to provide information on what storm water management facilities are present, signs that maintenance is needed, how the necessary maintenance can be performed, and assistance that the City may be able to provide. The transfer of this information shall also be required with any subsequent sale of the property. If Structural or Treatment Control facilities are located within a public area proposed for transfer, they will be the responsibility of the developer until they are accepted for transfer by the public agency. Structural or Treatment Control facilities proposed for transfer must meet design standards adopted by the public entity for the facilities installed and shall be approved by the public agency prior to its installation. i. Properly Design Structural and Treatment Control Facilities. Structural and treatment control facilities shall be designed based on either a volumetric or flow based treatment control design standard, or both, as described below to mitigate (infiltrate, filter or treat) storm water runoff:
1) Volumetric Treatment Control Design Standard:
a) The 85th percentile 24-hour runoff event determined as the maximized capture storm water volume for the area, from the formula recommended in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ASCE Manual of Practice No. 87, (1998); or b) The volume of annual runoff based on unit basin storage water quality volume, to achieve 80 percent or more volume treatment by the method recommended in California Stormwater Best Management Practices Handbook – Industrial/Commercial, (2003); or c) The volume of runoff produced from a historical-record based reference 24-hour rainfall criterion for “treatment” that achieves approximately the same reduction in pollutant loads achieved by the 85th percentile 24-hour runoff event.
Attachment 1
2) Flow Based Treatment Control Design Standard:
a) The flow of runoff produced from a rain event equal to at least two times the 85th percentile hourly rainfall intensity for the area; or b) The flow of runoff produced from a rain event that will result in treatment of the same portion of runoff as treated using volumetric standards above.
Limited Exclusion: Restaurants and Retail Gasoline Outlets, where the land area for development or redevelopment is less than 5,000 square feet, are excluded from the numerical Structural or Treatment Control BMP design standard requirement only.
2. Provisions Applicable to Individual Priority Project Categories:
a. 100,000 Square Foot Commercial Developments:
1) Properly Design Loading/Unloading Dock Areas:
a) Cover loading dock areas or design drainage to minimize run-on and runoff of storm water. b) Direct connections to storm drains from depressed loading docks (truck wells) are prohibited. 2) Properly Design Repair/Maintenance Bays:
a) Repair/maintenance bays must be indoors or designed in such a way that doesn’t allow storm water run-on or contact with storm water runoff.
b) Design a repair/maintenance bay drainage system to capture all wash water, leaks and spills. Connect drains to a sump for collection and disposal. Direct connection of the repair/maintenance bays to the storm drain system is prohibited. If required by local wastewater authority, obtain an Industrial Waste Discharge Permit. 3) Properly Design Vehicle/Equipment Wash Areas:
a) Self-contained and/or covered areas must be equipped with a clarifier, or other pretreatment facility, and b) Properly connected to a sanitary sewer or other appropriately permitted disposal facility. b. Restaurants:
1) Properly Design Equipment/Accessory Wash/Steam Clean Areas:
a) These areas must be self-contained, equipped with a grease trap, and properly connected to a sanitary sewer. b) If the wash area is to be located outdoors, it must be covered, paved, have secondary containment, and be connected to the sanitary sewer or other appropriately permitted disposal facility. c. Retail Gasoline Outlets:
1) Properly Design Fueling Area:
a) The fuel dispensing area must be covered with an overhanging roof structure or canopy. The canopy’s minimum dimensions must be equal to or greater than the area within the grade break. The canopy must not drain onto the fuel dispensing area, and the canopy downspouts must be routed to prevent drainage across the fueling area. b) The fuel dispensing area must be paved with Portland cement concrete (or equivalent smooth impervious surface), and the use of asphalt concrete shall be prohibited.
c) The fuel dispensing area must have a 2% to 4% slope to prevent ponding, and must be separated from the rest of the site by a grade break that prevents run-on of storm water to the extent practicable. d) At a minimum, the concrete fuel dispensing area must extend 6.5 feet (2.0 meters) from the corner of each fuel dispenser, or the length at which the hose and nozzle assembly may be operated plus 1 foot (0.3 meter), whichever is less. d. Automotive Repair Shops:
Attachment 1
1) Properly Design Fueling Area:
a) The fuel dispensing area must be covered with an overhanging roof structure or canopy. The canopy’s minimum dimensions must be equal to or greater than the area within the grade break. The canopy must not drain onto the fuel dispensing area, and the canopy downspouts must be routed to prevent drainage across the fueling area. b) The fuel dispensing area must be paved with Portland cement concrete (or equivalent smooth impervious surface), and the use of asphalt concrete shall be prohibited.
c) The fuel dispensing area must have a 2% to 4% slope to prevent ponding, and must be separated from the rest of the site by a grade break that prevents run-on of storm water to the extent practicable. d) At a minimum, the concrete fuel dispensing area must extend 6.5 feet (2.0 meters) from the corner of each fuel dispenser, or the length at which the hose and nozzle assembly may be operated plus 1 foot (0.3 meter), whichever is less. 2) Properly Design Repair/Maintenance Bays:
a) Repair/maintenance bays must be indoors or designed in such a way that doesn’t allow storm water run-on or contact with storm water runoff.
b) Design a repair/maintenance bay drainage system to capture all wash-water, leaks and spills. Connect drains to a sump for collection and disposal. Direct connection of the repair/maintenance bays to the storm drain system is prohibited. If required by local wastewater authority, obtain an Industrial Waste Discharge Permit. 3) Properly Design Vehicle/Equipment Wash Areas:
a) These areas must be self-contained and/or covered, equipped with a clarifier, or other pretreatment facility, and properly connected to a sanitary sewer or other appropriately permitted disposal facility. 4) Properly Design Loading/Unloading Dock Areas:
a) Cover loading dock areas or design drainage to minimize run-on and runoff of storm water. b) Direct connections to storm drains from depressed loading docks (truck wells) are prohibited. e. Parking Lots:
1) Properly Design Parking Areas:
a) Reduce impervious land coverage of parking areas.
b) Infiltrate or treat runoff.
2) Properly Design To Limit Oil Contamination and Perform Maintenance:
a) Treat to remove oil and petroleum hydrocarbons at parking lots that are heavily used (e.g. fast food outlets, lots with 25 or more parking spaces, sports event parking lots, shopping malls, grocery stores, discount warehouse stores). b) Ensure adequate operation and maintenance of treatment systems particularly sludge and oil removal, and system fouling and plugging prevention control.
1. Waiver.
At its discretion and for good cause, the City may waive one or more of the requirements set forth in this Section if impracticability for a specific property can be established. A waiver of impracticability shall be granted only when all other Structural or Treatment Control BMPs have been considered and rejected as infeasible. Recognized situations of impracticability include, (i) extreme limitations of space for treatment on a redevelopment project, (ii) unfavorable or unstable soil conditions at a site to attempt infiltration, and (iii) risk of ground water contamination because a known unconfined aquifer lies beneath the land surface or an existing or potential underground source of drinking water is less than 10 feet from the soil surface. A waiver may be revoked for cause and with proper notice.
4. Limitation on Use of Infiltration BMPs.
Attachment 1
1 Three factors significantly influence the potential for storm water to contaminate ground water. They are (i) pollutant mobility, (ii) pollutant abundance in storm water, (iii) and soluble fraction of pollutant. The risk of contamination of groundwater may be reduced by pretreatment of storm water. In addition, the distance of the groundwater table from the infiltration BMP may also be a factor determining the risk of contamination. A water table distance separation of ten feet depth in California presumptively poses negligible risk for storm water not associated with industrial activity or high vehicular traffic.
Site specific conditions must be evaluated when determining the most appropriate BMP. Additionally, monitoring and maintenance must be provided to ensure groundwater is protected and the infiltration BMP is not rendered ineffective by overload. This is especially important for infiltration BMPs for areas of industrial activity or areas subject to high vehicular traffic [25,000 or greater average daily traffic (ADT) on main roadway or 15,000 or more ADT on any intersecting roadway]. In some cases pretreatment may be necessary.
5. Alternative Certification for Storm Water Treatment Mitigation.
In lieu of conducting a detailed BMP plan review to verify Structural or Treatment Control BMP adequacy, the City may, at its discretion, elect to accept a signed certification from a Civil Engineer or a Licensed Architect registered in the State of California, that the plan meets the criteria established herein. Certifying person(s) will have to demonstrate to the City’s satisfaction that they have been trained on BMP design for water quality not more than two years prior to the signature date. Training conducted by an organization with storm water BMP design expertise (e.g., a University, American Society of Civil Engineers, American Society of Landscape Architects, American Public Works Association, or the California Water Environment Association) may be considered qualifying.
Attachment A
(Sample Agreement)
Agreement Regarding Maintenance of Structural or Treatment Control BMPs (Best Management Practices) for APN No. _______________________
________________________, being the owner of the real property located at ________________________, California, consents and agrees to inspect and maintain annually, prior to October 15 of each year, the Structural or Treatment Control BMPs (such as silt and/or grease traps or detention systems) on the subject property as shown on the improvement plans dated _________, on file with the City of _________________. I agree to forward a letter providing proof of inspection and maintenance to the City of _________________ Public Works Department prior to October 15 of each year.
In order to transfer the property to a private or public owner, I shall require the recipient to assume responsibility for maintenance of any Structural or Treatment Control BMPs in the sales or lease agreement for that property. The condition of transfer shall include a provision that the new property owner agrees to forward a letter providing proof of BMP inspection and maintenance to the City of _________________ Public Works Department prior to October 15 of each year.
Printed educational materials will be required to accompany the first deed transfer to highlight the existence of the requirement and to provide information on what storm water management facilities are present, signs that maintenance is needed, and how the necessary maintenance can be performed. The transfer of this information shall also be required with any subsequent sale of the property.
I have read the above agreement and understand it.
______________________________
Owner
______________________________
Date
(Ord. 2014-01 § 1 (Exh. A), 2014).
Facilities or a combination of facilities, of a different design than in Section B.3.b.ii. may be permitted if all of the following measures of equivalent effectiveness are demonstrated: 1) equal or greater amount of runoff infiltrated or evapotranspired; 2) Attachment 1
2 3
4 equal or lower pollutant concentrations in runoff that is discharged after biofiltration; 3) equal or greater protection against shock loadings and spills; and 4) equal or greater accessibility and ease of inspection and maintenance Technical guidance for designing bioretention facilities is available from the Central Coast LID Initiative. The guidance includes design specifications and plant lists appropriate for the Central Coast climate. (http://www.centralcoastlidi.org/Central_Coast_LIDI/LID_Structural_BMPs.html) Use either the methodology provided in Part I.D of the December 2009 Technical Guidance on Implementing the Stormwater Runoff Requirements for Federal Projects under Section 438 of the Energy Independence and Security Act, or, rainfall statistics provided by the Central Coast Water Board, whichever produces a more accurate value for rainfall depth.
Calculate Equivalent Impervious Surface Area using guidance in Attachment E.
The Carmel-by-the-Sea Municipal Code is current through Ordinance 2023-05, passed July 11, 2023.
Disclaimer: The city clerk’s office has the official version of the Carmel-by-the-Sea Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: https://ci.carmel.ca.us/
City Telephone: (831) 620-2000
Code Publishing Company
Attachment 1
The Carmel-by-the-Sea Municipal Code is current through Ordinance 2020-03, passed June 2, 2020.
Chapter 17.42
STORMWATER QUALITY AND UTILITY
Sections:
17.42.010 Purpose.
17.42.020 Definitions.
17.42.0230 Urban Runoff Water Quality and Discharge Management.
17.42.40 Enforcement.
17.42.010 Purpose.
The provisions of this chapter are intended to ensure the health, safety, and general welfare of citizens, and protect and enhance the water quality of watercourses and waterbodies in compliance with the Ffederal Clean Water Act (33 USC 1251 et seq.), the California Coastal Act, and California Porter-Cologne Water Quality Control Act (Porter-Cologne Act) by reducing pollutants in stormwater discharges to the maximum extent practicable, by prohibiting non-stormwater discharges to the storm drain system, and by managing the City’s storm and surface water drainage system. Requirements of this chapter shall be implemented and enforced in accordance with the schedules adopted as part of the National Pollution Discharge Elimination System Phase II permit (NPDES). (Ord. 2014-01 § 1 (Exh. A), 2014; Ord. 2013-04 (Exh. A), 2013; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004) and requirements under the State Water Resources Control Board (SWRCB) Water Quality Order No. 2013-0001-DWQ, National Pollution Discharge Elimination System (NPDES) General Permit for Waste Discharge Requirements for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4), as may be amended, and any superseding order, and the Central Coast Regional Water Quality Control Board Resolution No. R3-2013-0032, Approving Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region, as may be amended, and any superseding order.
17.42.020 Definitions.
The terms used in this Chapter shall have the following meanings:
a) Best Management Practices (BMPs) means activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. BMPs include but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-stormwater, wastewater, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures. b) California Construction Stormwater General Permit (CGP) means NDPES No. CAS000002, State Water Resources Control Board Order No. 2009-0009-DWQ, as amended by 2010-0014-DWQ and 2012-0006-DWQ, and as may be subsequently amended.
c) California Industrial General Permit (IGP) means the NDPES No. CAS000001, State Water Resources Control Board Order No. 2014-0057-DWQ as amended in 2015 and 2018, as may be subsequently amended.
d) Illegal Discharge means any direct or indirect discharge to the City’s storm drain system that is not composed entirely of stormwater, except discharges pursuant to an NPDES permit, including discharges allowed in the Phase II Permit Attachment C, Area of Special Biological Significance Specific Provisions, and discharges resulting from firefighting activities. e) Illicit Connections means either of the following: 1. Any drain or conveyance, whether on the surface or subsurface, that allows an illegal discharge to enter the storm drain system, including but not limited to any conveyances that allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system, and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or 2. Any drain or conveyance Attachment 2
The Carmel-by-the-Sea Municipal Code is current through Ordinance 2020-03, passed June 2, 2020. connected from a commercial or industrial land use to the storm drain system which has not been permitted and approved by the City.
f) Low Impact Development (LID) is an approach to stormwater management that aims to replicate the site’s natural hydrologic balance, using site design strategies to minimize stormwater runoff, integrated with small-scale, distributed structural BMPs that retain stormwater on site via infiltration, evaporation, evapotranspiration, or harvesting for later use. g) Non-Stormwater Discharge means any discharge to the storm drain system that is not composed entirely of storm water or that contains any pollutant. h) Phase II Permit means the State Water Resources Control Board (SWRCB) Water Quality Order No. 2013-0001-DWQ National Pollution Discharge Elimination System (NPDES) General Permit for Waste Discharge Requirements for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4), as may be subsequently amended.
i) Pollutant means anything that causes or contributes to water pollution, including but not limited to paints, varnishes, and solvents; oil and other automotive fluids; chemicals in dust from automotive brake pads and tires; non-hazardous liquid and solid wastes; green waste and other yard waste; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations that may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and waste; fecal coliform and other pathogens in sewage or other wastewater; dissolved and particulate metals; animal waste; waste and discharges that result from constructing a building or structure (including but not limited to sediment, slurries, and concrete rinsates); and noxious or offensive matter of any kind that may be discharged into the storm drain system or waterbodies. j) Storm Drain System means any publicly-owned facilities operated by the City by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, storm drain pipes, pumping facilities, stormwater retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures that are within the City.
17.42.0230 Urban Runoff Water Quality and Discharge Management.
A. Applicability. This section chapter shall apply to all stormwater and non-stormwater runoff entering the storm drain system or waterbodies, generated on any developed and undeveloped lands within the City.
B. Administration.
1. Responsibility for Administration. The Public Works Director shall administer, implement, and enforce the provisions of this section. Any powers granted to or duties of the Public Works Director may be delegated in writing by the Public Works Director to persons or entities acting in the beneficial interest of or in the employ of the City.
2. Regulatory Consistency. This section shall be construed to ensure consistency with the requirements of the Clean Water Act, and Porter-Cologne Act, California Coastal Act, Phase II Permit, California Industrial General Permit (IGP), California Construction Stormwater General Permit (CGP) and statutes and regulations that amend or supplement those Acts and permits.
3. Ultimate Responsibility of Discharger. The requirements of this section are minimum standards; therefore this section does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into waters of the U.S. caused by that person. This section shall not create liability on the part of the City, or any agent or employee of the City, for any damages that result from any discharger’s reliance on this section or any administrative decision in compliance with this section.
C. Discharge Prohibitions.
Attachment 2
The Carmel-by-the-Sea Municipal Code is current through Ordinance 2020-03, passed June 2, 2020.
1. General Prohibition. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including pollutants or waters containing any pollutants into the municipal storm drain system or watercourses, or any materials that may cause or contribute to a violation of applicable water quality standards other than stormwater. Examples of prohibited discharges or illegal connections to the storm drain system include, but are not limited to:
a. Water from the cleaning of gas stations, vehicle service garages, or other types of vehicle service facilities;
b. Water, cleansers, or solvents from the cleaning of machinery or equipment, and other such commercial and industrial activities;
c. Water from the washing or rinsing of vehicles, that contains soap, detergents, solvents, or other cleaners;
d. Water from the washing or rinsing of vehicles, with or without soap, from auto body repair shops, including water from the cleaning or rinsing of vehicle engines, undercarriages, or auto parts; e. Automotive fluids;
f. Wash Water from floor mat and hood cleaning at food service facilities; g. Food and kitchen cleaning water from food service facilities; h. Grease, food, or wash water from food or kitchen service facilities, or mobile food vendors; i. Leakage from dumpsters or other trash containers;
j. Water from the cleaning or rinsing of garbage dumpster areas and areas where garbage is stored or contained;
k. Water from pressure washing, steam cleaning, and hand scrubbing of sidewalks, gutters, plazas, alleyways, outdoor eating areas, steps, building exteriors, walls, driveways, and other outdoor surfaces;
l. Wastewater or cleaning fluids from commercial cleaning operations such as carpet and mat cleaning, pet washing, and vehicle detailing;
m. Swimming pool and spa water;
n. Wash out from concrete trucks, or ready-mix concrete washout; o. Construction debris and fluids, such as, but not limited to, paint, dirt or sediment, chemical products, construction waste, rinse or wash waters; and p. Sewage.
The commencement, conduct or continuance of any other non-stormwater discharge to the storm drain system is prohibited, except for the following.
a. Certain types of discharges will not be considered a source of pollutants to the storm drain system and to waters of the U.S. when properly managed in a manner approved by the Director of Public Works to ensure that no potential pollutants are present, and therefore are not considered illegal discharges unless determined to cause a violation of the provisions of the Porter-Cologne Act, Clean Water Act, or other provisions of this section. These types of discharges are listed in Section 1.6 of the City’s LID Guidance Manual in Appendix I to Chapter 17.43 CMC.
Attachment 2
The Carmel-by-the-Sea Municipal Code is current through Ordinance 2020-03, passed June 2, 2020. a. Discharges that are allowed in Attachment C, Area of Special Biological Significance Specific Provisions, of the Phase II Permit.
b. This prohibition shall not apply to aAny non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the State of California under the authority of the Federal Environmental Protection Agency or the U.S. Environmental Protection Agency; provided, that 1) the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations; and 2) provided, that written approval has been granted by the City for any discharge to the storm drain system. c. With the written concurrence of the Regional Board, the City may grant Discharges authorized by a written exemption by the City, obtained following written concurrence of the Regional Water Quality Control Board, for other specific non-stormwater discharges which are not a source of pollutants to the storm drain system nor the waters of the U.S. Notwithstanding the requirements of subsection (E)(1) of this section, Authority to Inspect, the Public Works Director may require by written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.
2. Illicit Connections. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
a. The Public Works Director may require by written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this section to eliminate or secure approval for the connection by a specified date.
b. If, subsequent to eliminating a connection found to be in violation of this section, the responsible person can demonstrate that an illegal discharge will no longer occur, the person may request City approval to reconnect. The reconnection or reinstallation of the connection shall be at the expense of the responsible person.
3. Waste Disposal. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, or water of the U.S., any liquids, powders, refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that they may cause or contribute to water pollution any pollutant entering into the storm drain system or any watercourse. Wastes deposited in proper waste receptacles designated for the purposes of collection are exempted from not subject to this prohibition.
4. Discharges in Violation of Industrial or Construction Activity NPDES Stormwater Discharge Permits. Any person subject to an industrial or construction activity NPDES Storm Water stormwater Ddischarge Ppermit shall comply with all provisions of the permit. Proof of compliance with the permit may be required in a form acceptable to the Public Works Director prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.
D. Regulations and Requirements.
1. Prevention, Control, and Reduction of Stormwater Pollutants. a. Authorization to Adopt and Impose Best Management Practices. The City will adopt requirements identifying best management practices (BMP) for activities, operations, or facilities which may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the U.S.
These are contained in the BMP Guidance Series in Appendix J to Chapter 17.43 CMC. Where best management practices requirements are promulgated by the City or any Federal, State of California, or Attachment 2
The Carmel-by-the-Sea Municipal Code is current through Ordinance 2020-03, passed June 2, 2020. regional agency for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the storm drain system or water of the U.S., every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements. The Public Works Director will periodically report to the City Council on the status of implementation of BMPs and any new BMPs that are expected to be developed for inclusion in the BMP Guidance Series. In the event more restrictive requirements pertaining to new development and redevelopment are contained in the City’s Low Impact Development Guidance Manual than are contained in the BMP Guidance Series, the more restrictive requirements contained in the Low Impact Development Guidance Manual will govern. ba. New Development and Redevelopment. The City shall adopt Low Impact Development (LID) requirements identifying appropriate best management practices requires the use of BMPs to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants as defined by Chapter 17.43 CMC in stormwater runoff, and to minimize adverse impacts on aquatic environments. The LID requirements of this chapter are general in nature. More detailed requirements, some of which are in addition to those contained in this Chapter, are contained in the City’s Low Impact Development Guidance Manual (LID Guidance Manual) in Appendix I to Chapter 17.43 CMC. Persons or entities undertaking or owning new development and/or redevelopment projects shall comply with the requirements in the CMC and in the LID Guidance Manual. The Public Works Director will periodically report to the City Council on the status of implementation of LID requirements and new LID requirements that are expected to be developed for inclusion in the LID Guidance Manual All development shall comply with applicable BMP requirements and standards for such development set forth in the Phase II Permit; the California Regional Water Quality Control Board Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region, as adopted by the California Regional Water Quality Control Board by Resolution No. R3-2013-0032; the City’s Standard Operating Guidance 17-07 Private Stormwater Drainage Systems (SOG 17-07); and the Monterey Regional Stormwater Management Program (MRSWMP) Stormwater Technical Guide for Low Impact Development (LID). All development shall be designed consistent with such standards and guidance. Applicants shall also ensure that development projects are compliant with applicable local, state, and federal laws and regulatory permit authorities, including U.S. Army Corps of Engineers, California Coastal Commission, Regional Water Quality Control Board, State Water Resources Control Board, California Department of Fish and Wildlife, U.S. Fish and Wildlife Service, National Oceanic and Atmospheric Association (NOAA) Monterey Bay National Marine Sanctuary, and in conformance with Low Impact Development site assessment and design standards of the Phase II Permit and California Regional Water Quality Control Board Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region.
The City shall incorporate these requirements in any land use entitlement and construction or building-related permit to be issued for the development or redevelopment and the Director shall administer, implement and enforce the provisions of Chapter 17.43 CMC. c. Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of requirements promulgated in compliance with subsections (D)(1)(a) and (D)(1)(b) of this section, any person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering stormwater, the storm drain system, or waters of the U.S. shall implement best management practices to the maximum extent practicable as determined by the Director of Public Works to prevent and reduce the pollutants.
i. The owner or operator of a commercial or industrial establishment shall provide to the maximum extent practicable protection, as determined by the Director, from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses. ii. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator’s expense.
iii. Best management practices required by the City can be obtained from the Public Works Department or the Community Planning and Building Department.
Attachment 2
The Carmel-by-the-Sea Municipal Code is current through Ordinance 2020-03, passed June 2, 2020. b. Construction Sites. BMPs to reduce pollutants in any storm water runoff activities shall be incorporated in any land use entitlement and/or construction or building-related permit. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and/or building permits as required by the City and as required by the Phase II Permit as amended thereto, including, but not limited to, the requirement to submit, implement, and maintain site-specific construction BMPs as applicable for erosion and sediment control, soil stabilization, source controls, materials and stockpile management, dewatering, and similar pollution prevention measures to prevent dumping or illegal discharges during construction into the storm drain system.
Any person engaged in activities or operations, or owning facilities or property that may result in pollutants entering stormwater, the storm drain system, or any watercourse, shall take all necessary measures to prevent illicit discharges.
2. Watercourse Protection. Every person owning property through which a watercourse passes, or the person’s lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, stagnant pools of water and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse to the extent required by the Director of Public Works. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines to protect against erosion and degradation of the watercourse on site and downstream.
Property owners shall select “soft engineered” techniques when possible for maintaining and stabilizing stream banks.
3. Remediation. Whenever the Public Works Director finds that a discharge of pollutants into the storm drain system or any watercourse is taking place, or has occurred, or is likely to result absent remediation, which will result in or has resulted in pollution of stormwater, the storm drain system, or water of the U.S., the Public Works Director may require by shall issue written notice to the owner of the property and/or the responsible person requiring that the pollution be remediated and the affected property restored within a specified time in compliance with subsection (F) of this section, Enforcement.
17.42.040 Enforcement.
EA. Inspection and Monitoring.
1. Authority to Inspect. Whenever necessary to make conduct an inspection to enforce any provision of this section, or whenever the Public Works Director has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this section chapter, the Director may request to enter such premises at all reasonable times to inspect the same and to inspect and copy records related to stormwater compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the City is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
2. Authority to Sample, Establish Sampling Devices, and Test. During any inspection in compliance with this section, the Public Works Director may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities.
FB. Enforcement.
1. Violations Subject to Criminal Penalty. Any violation of this chapter shall be a misdemeanor and shall be subject to penalty in accordance with Chapter 1.16. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this section. A violation of or failure to comply with any of the requirements of this section shall constitute a misdemeanor. Such violations may also violate persons may also be in violation of the Clean Water Act, the California Coastal Act, and/or the Porter-Cologne Act and may be subject to the sanctions of those acts penalty under state and federal law including civil and Attachment 2
The Carmel-by-the-Sea Municipal Code is current through Ordinance 2020-03, passed June 2, 2020. criminal penalties. Any enforcement action authorized under this section may also include written notice to the violator of this potential liability.
2. Violations of this chapter shall also be subject to administrative civil penalties in accordance with Chapter 18.04.
3. Violations of this chapter are declared a public nuisance and shall be subject to abatement in accordance with Chapter 15.57. Nothing in this chapter shall limit the authority of the City to undertake emergency or summary abatement in the manner authorized by law.
2. Notice of Violation. Whenever the Public Works Director finds that a person has violated a prohibition or failed to meet a requirement of this section, the Public Works Director may order compliance by written notice of violation to the responsible person. The notice may require without limitation:
a. The performance of monitoring, analyses, and reporting; b. The elimination of illicit connections or discharges; c. That violating discharges, practices, or operations shall cease and desist; d. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
e. Payment of compensation to cover administrative and remediation costs; f. The implementation or maintenance of source control or treatment BMPs; g. Payment of a fine as determined by action of the City Council.
If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which remediation or restoration must be completed. The notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the City or a contractor designated by the Public Works Director, with the cost of the work charged to the violator in compliance with subsection (F)(4) of this section, Emergency Abatement by City.
3. Appeal. Notwithstanding the provisions of subsection (F)(4) of this section, Emergency Abatement by City, any person receiving a notice of violation in compliance with subsection (F)(2) of this section, Notice of Violation, may appeal the determination of the Public Works Director to the City Administrator. The notice of appeal must be received by the City Administrator within five days from the date of the notice of violation.
Hearing on the appeal before the City Administrator or his/her designee shall take place within 15 days from the date of City’s receipt of the notice of appeal. The decision of the City Administrator or designee shall be final.
4. Emergency Abatement by City. If the violation has not been corrected in compliance with the requirements in the notice of violation, or, in the event of an appeal in compliance with subsection (F)(3) of this section, within 10 days of the decision of the City Administrator upholding the decision of the Public Works Director, then the City or a contractor designated by the Public Works Director may enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the City or designated contractor to enter upon the premises for the purposes set forth above.
5. Charging Cost of Abatement/Liens. Within 30 days after abatement of the nuisance by the City, the Public Works Director shall notify the property owner of the property of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment with the City Clerk within 15 days. The City Clerk shall set the matter for public hearing by the City Council.
The decision of the Council shall be set forth by resolution and shall be final.
Attachment 2
The Carmel-by-the-Sea Municipal Code is current through Ordinance 2020-03, passed June 2, 2020.
If the amount due is not paid within 10 days of the decision of the Council or the expiration of the time in which to file an appeal under this section, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. A copy of the resolution shall be turned over to the County Auditor so that the Auditor may enter the amounts of the assessment against the parcel as it appears on the current assessment roll, and the tax collector shall include the amount of the assessment on the bill. (Ord. 2014-01 § 1 (Exh. A), 2014; Ord. 2013-04 (Exh. A), 2013; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004
Attachment 2
Carmel-by-the-Sea Municipal Code
Chapter 17.43 WATER QUALITY PROTECTION
ORDINANCE