Item 13 Staff Report Adopt Ordinance Amending Town Code Section 22.30.010 and 22.30.035 to Comply with the Requirements of Provision C.3 of the Town's NPDES PermitMEETING DATE: 1/20/04
ITEM NO. /.
COUNCIL AGENDA REPORT
DATE: January 8, 2004
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEY/
SUBJECT: ADOPT ORDINANCE AMENDING TOWN CODE SECTION 22.30.010 AND
22.30.035 TO COMPLY WITH THE REQUIREMENTS OF PROVISION C.3
OF THE TOWN'S NPDES PERMIT
RECOMMENDATION:
1. Adopt ordinance that was introduced at the Council meeting of January 5, 2004.
2. Instruct the Clerk to either:
(a) publish the ordinance within 15 days after adoption, or
(b) publish a summary no more than 15 days after adoption (if summary
published before adoption).
DISCUSSION:
On January 5, 2004 Council introduced Attachment 1, which amends Town Code Section 22.30.010
and 22.30.035 to comply with requirement sof the Town's NPDES permit.
Attachment: Ordinance
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY
OPK:LMB/wp [N:1ATYINPDES.TCR.wpd]
Reviewed by:
Town Manager Q5-S Assistant Town Manager Clerk
Finance Community Development
Rev: 1 /8/04 1 0:1 3 am
Reformatted: 7/19/99
File# 301-05
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN
CODE SECTIONS 22.30.010 AND 22.30.035 TO COMPLY WITH
THE REQUIREMENTS OF PROVISION C.3 OF THE TOWN'S NPDES PERMIT
TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN:
SECTION I
Section 22.30.010, of the Town Code is amended to include the definitions for the following:
deemed complete, impervious surface and proj ect with significant pollution potential. The definition
concerning major development or redevelopment project has been amended.
Section 22.30.010. Definitions
Deemed complete means that a project applicant has submitted a development application
package for discretionary approval that is determined to be a complete and acceptable
application by the Development Review Committee. For public projects (funded and owned
by the Town), projects are deemed complete if funding has been approved by the Town
Council and construction has been scheduled by October 15, 2003.
Impervious surface means a constructed or modified surface that does not allow rainfall to
percolate through to the subsoil and thus creates storm water runoff. Impervious surface
includes, but is not limited to, building rooftops, pavement, sidewalks, patios, driveways or
other hardscape where such surfaces are not constructed with pervious materials and/or are
not designed so as to have zero storm water discharge.
Major development or redevelopment project means a project that creates, adds, or replaces
one acre (43,560 square feet) or more of impervious surface, for those project applications
that are deemed complete on or after October 15, 2003. For those project applications that
are deemed complete on or after April 15, 2005, a major development or redevelopment
project means a project that creates, adds, or replaces 10,000 square feet or more of
impervious surface.
Project with Significant Pollution Potential means any project determined by the Town to
be likely to have sources of pollutants on -site and/or to contribute pollutants to stormwater
after project completion, based on a review of the proposed uses of or activities planned for
the site.
Page 1 of 3
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SECTION II
Section 22.30.035 is amended to read as follows:
Section 22.30.035. New Development/Redevelopment
a. Storm water management required for major projects. Every applicant for a building
permit and/or grading permit for a major development or redevelopment project shall
identify the potential for storm water to be discharged from the project site following
completion of construction activity and shall demonstrate that the plans, drawings,
or specifications for such project include the installation of management techniques,
practices, and control measures designed to mitigate the potential adverse impacts of
storm water that may be discharged from the project site on an ongoing basis,
including storm water treatment measures. In addition, applicants for building and/or
grading permits for projects with significant pollution potential may be required to
demonstrate that sources of pollutants will be controlled onsite with appropriate
measures. The storm water management techniques, practices, and control measures
("mitigation measures") shall be selected, designed, and maintained in accordance
with the Town's current NPDES Storm Water Discharge Permit, and the Town's
Policy for Storm Water Management Requirements for New Development and
Redevelopment Projects.
b. Issuance of Permits. The Town shall not issue a building permit or a grading permit
for a major development or redevelopment project or a project with significant
pollution potential until it has reviewed the mitigation measures proposed by the
applicant pursuant to the preceding paragraph and determined that they are sufficient
to address the potential adverse impacts of storm water that maybe discharged from
the project site on an ongoing basis.
c. Occupancy. The Town shall not issue a certificate of occupancy for a major
development or redevelopment project or a project with significant pollution
potential until it has determined that the mitigation measures identified in the
building permit and/or the grading permit issued for such project have been
adequately implemented and that appropriate arrangements have been made to ensure
that these management techniques, practices, and control measures will be
maintained on an ongoing basis, in accordance with the Town's current NPDES
Storm Water Discharge Permit and the Town's Policy for Storm Water Management
Requirements for New Development and Redevelopment Project.
SECTION III
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on January 5, 2004 and adopted by the following vote as an ordinance of the Town of Los
Page 2 of 3
Gatos at a regular meeting of the Town Council of the Town of Los Gatos on , 2004. This
ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
NAATYINPDES.ORD.wpd
Page 3 of 3
ORDINANCE 2125
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN
CODE SECTIONS 22.30.010 AND 22.30.035 TO COMPLY WITH
THE REQUIREMENTS OF PROVISION C.3 OF THE TOWN'S NPDES PERMIT
TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN:
SECTION I
Section 22.30.010, of the Town Code is amended to include the definitions for the following:
deemed complete, impervious surface and project with significant pollution potential. The definition
concerning major development or redevelopment project has been amended.
Section 22.30.010. Definitions
Deemed complete means that a project applicant has submitted a development application
package for discretionary approval that is determined to be a complete and acceptable
application by the Development Review Committee. For public projects (funded and owned
by the Town), projects are deemed complete if funding has been approved by the Town
Council and construction has been scheduled by October 15, 2003.
Impervious surface means a constructed or modified surface that does not allow rainfall to
percolate through to the subsoil and thus creates storm water runoff. Impervious surface
includes, but is not limited to, building rooftops, pavement, sidewalks, patios, driveways or
other hardscape where such surfaces are not constructed with pervious materials and/or are
not designed so as to have zero storm water discharge.
Major development or redevelopment project means a project that creates, adds, or replaces
one acre (43,560 square feet) or more of impervious surface, for those project applications
that are deemed complete on or after October 15, 2003. For those project applications that
are deemed complete on or after April 15, 2005, a major development or redevelopment
project means a project that creates, adds, or replaces 10,000 square feet or more of
impervious surface.
Project with Significant Pollution Potential means any project determined by the Town to
be likely to have sources of pollutants on -site and/or to contribute pollutants to stormwater
after project completion, based on a review of the proposed uses of or activities planned for
the site.
Page 1 of 3
SECTION II
Section 22.30.035 is amended to read as follows:
Section 22.30.035. New Development/Redevelopment
a. Storm water management required for major projects. Every applicant for a building
permit and/or grading permit for a major development or redevelopment project shall
identify the potential for storm water to be discharged from the project site following
completion of construction activity and shall demonstrate that the plans, drawings,
or specifications for such project include the installation of management techniques,
practices, and control measures designed to mitigate the potential adverse impacts of
storm water that may be discharged from the project site on an ongoing basis,
including storm water treatment measures. In addition, applicants for building and/or
grading permits for projects with significant pollution potential may be required to
demonstrate that sources of pollutants will be controlled onsite with appropriate
measures. The storm water management techniques, practices, and control measures
("mitigation measures") shall be selected, designed, and maintained in accordance
with the Town's current NPDES Storm Water Discharge Permit, and the Town's
Policy for Storm Water Management Requirements for New Development and
Redevelopment Projects.
b. Issuance of Permits. The Town shall not issue a building permit or a grading permit
for a major development or redevelopment project or a project with significant
pollution potential until it has reviewed the mitigation measures proposed by the
applicant pursuant to the preceding paragraph and determined that they are sufficient
to address the potential adverse impacts of storm water that may be discharged from
the project site on an ongoing basis.
c. Occupancy. The Town shall not issue a certificate of occupancy for a major
development or redevelopment project or a project with significant pollution
potential until it has determined that the mitigation measures identified in the
building permit and/or the grading permit issued for such project have been
adequately implemented and that appropriate arrangements have been made to ensure
that these management techniques, practices, and control measures will be
maintained on an ongoing basis, in accordance with the Town's current NPDES
Storm Water Discharge Permit and the Town's Policy for Storm Water Management
Requirements for New Development and Redevelopment Project.
SECTION III
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on January 5, 2004 and adopted by the following vote as an ordinance of the Town of Los
Page 2 of 3
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Gatos at a regular meeting of the Town Council of the Town of Los Gatos on January 20, 2004. This
ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Steve Glickman.
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
None
None
None
SIGNED: /s/ Steve Glickman
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Page 3 of 3
Town Council Minutes
Redevelopment Agency
January 20, 2004
Los Gatos, California
TIME
ITEM
ACTION ON ITEM
ITEM 12
10 MONROE COURT
ORDINANCE 2124
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
adopt Ordinance 2124 entitled, ORDINANCE OF THE TOWN OF
LOS GATOS AMENDING THE ZONING ORDINANCE
EFFECTING A ZONE CHANGE FROM RM:12-20 TO RM:12-
20:PD AT 10 MONROE COURT, which was introduced at the
Council meeting of January 5, 2004. Carried unanimously. (12.15)
ITEM 13
NPDES PERMIT
ORDINANCE 2125
Q
Motion by Mr. Wasserman, seconded by Mrs. Decker, that Council
adopt Ordinance 2125 entitled, ORDINANCE OF THE TOWN OF
LOS GATOS AMENDING THE TOWN CODE SECTION
22.30.010 AND 22.30.035 TO COMPLY WITH REQUIREMENTS
OF PROVISION C.3 OF THE TOWN'S "NPDES" PERMIT,
which was introduced at the Council meeting of January 5, 2004.
Carried unanimously. (13.40)
REDEVELOPMENT
REDEVELOPMENT AGENCY
ITEM 14
ACCOUNTS
PAYABLE
RATIFICATION
Motion by Mr. Wasserman, seconded by Mrs. Decker, that the
Agency ratify the check register for accounts payable invoices paid on
December 26, 2003 and January 9, 2004 in the amount of $10,863.03.
Carried unanimously. (14.V)
COUNCIL/AGENCY r TOWN COUNCIL/REDEVELOPMENT AGENCY
ITEM 15
AFFORDABLE
HOUSING
Motion by Mr. Wasserman, seconded by Mrs. Decker, that the Town
Council/Redevelopment Agency accept the report on affordable housing
activities. Carried unanimously. (15.39)
ITEM 16
MINUTES
JANUARY 15, 2004
Motion by Mr. Wasserman, seconded by Mrs. Decker, that the Town
Council/Redevelopment Agency approve the Minutes of the Joint
Regular Meeting January 15, 2004 as submitted. Carried unanimously.
(16.V)
7:05
COMMUNICATIONS
VERBAL COMMUNICATIONS
7:06
SPEAKER
Clark Cochran, spoke on Town Policy regarding development projects
in Town. He noted that paid lobbyists are now working on some of
these projects. He asked that the Town publicly clarify its rules,
regulations and policies on how it works with lobbyists, and how it deals
N.\CLKU MARIANS PRE -Draft WLaute& MM 01-2(104.wpd
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