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:
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Updated definitions.
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Referenced newer guidance and requirements to simplify the Ordinance and improve effectiveness.
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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
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Referenced the Phase II Permit and Central Coast Post-Construction Requirements (PCRs), Industrial General Permit, and Construction General Permit.
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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).
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Clarified construction projects subject to drainage and erosion control plan review.
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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
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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 CEQA Guidelines, 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.