Item 14 Staff Report Consider Introducing Ordinance Amending Town Code Sections 22.30.010 and 22.30.035 to Comply with the Requirements of Provision of C.3 of the Towns NPDES PermitCOUNCIL AGENDA REPORT
DATE: DECEMBER 8, 2003
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT:
MEETING DATE: 1/5/04
ITEM NO. /
CONSIDER INTRODUCING ORDINANCE 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.
RECOMMENDATION:
1. Consider amending Town Code Sections 22.30.010 an 22.30.035 to comply with the
requirements of Provision C.3 of the Town's NPDES Permit;
2. Direct Clerk to read the title;
3. Waive the reading;
4. Introduce the ordinance.
BACKGROUND:
The Town of Los Gatos is one of 15 agencies ("Co-permittees") that share a joint National Pollutant
Discharge Elimination System (NPDES) Permit to discharge stormwater runoff to South San
Francisco Bay and tributary creeks. These agencies have formed an organization called the Santa
Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) to manage countywide
activities related to permit compliance.
On October 17, 2001, the California Regional Water Quality Control Board amended the
SCVURPPP and Co-permittees' NPDES permit to include new requirements for control of
pollutants in stormwater from new development and redevelopment projects that exceed certain size
thresholds.
tOtASA
PREPARED BY: ( ,�OHN E. CURTIS
Director of Parks and Public Works
Reviewed by: Assistant Town Manager QV_ —Attorney Clerk Finance
Community Development Revised: 12/8/03 8:50 am
Reformatted: 5/30/02 N:\B&E\COUNCIL REPORTS \npdes.town .code.amend.12 1 503.wpd
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MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDER 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
DECEMBER 8, 2003
The new permit provisions (known as Provision C.3.) mandate that the Co-permittees develop and
enforce regulations that require owners/developers of applicable projects to install and maintain
permanent stormwater quality protection measures in accordance with specific design criteria.
Recently, the Regional Board adopted new and redevelopment requirements for other countywide
stormwater permits in the Bay area that were slightly different than those adopted for Santa Clara
Valley. The Regional Board assured the SCVURPPP that it intends to interpret its permit such that
the requirements are consistent with other Bay area permits, and issued several letters stating that
intention and changing some of the compliance dates. SCVURPPP then submitted a letter to the
Regional Board requesting approval of an "alternative definitions" of projects covered by Provision
C.3., which would make SCVURPPP's permit requirements more consistent with the other permits.
The request was approved by the Regional Board on October 15, 2003 via consent calendar. These
definitions of projects subject to C.3. are now part of SCVURPPP's requirements.
DISCUSSION:
Some of the key requirements of Provision C.3. that are relevant to the proposed action are
summarized below:
• The Town must require "Group 1" project applicants (commercial, industrial, or
residential projects that create, add, or replace one acre of impervious surface) to design
and implement stormwater treatment best management practices (BMPs), beginning
October 15, 2003. Redevelopment projects that add or replace one acre or more of
impervious surface (excluding interior remodels and routine maintenance or repair) are
also subject to these requirements. Group 1 includes new streets, roads, and highways
under the Town's jurisdiction, but excludes sidewalks, bicycle lanes, trails, bridge
accessories, guardrails, and landscape features. Also excluded are road pavement
resurfacing, repaving and reconstruction within the existing footprint, and any other
reconstruction work within a public street or road right-of-way where both sides of that
right-of-way are developed. Single-family home projects with one acre or more
impervious surface (not part of a larger common plan of development) will need to
incorporate appropriate pollutant source control and design measures and use
landscaping to appropriately treat runoff from roof and house -associated impervious
surfaces (e.g., runoff from roofs, patios, driveways, sidewalks, and similar surfaces) to
the extent practical, to be in compliance with Provision C.3, but do not need to install
additional stormwater treatment BMPs.
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MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDER 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
DECEMBER 8, 2003
• The Town must require "Group 2" project applicants (new or redevelopment projects that
create, add, or replace 10,000 sq. ft. or more of impervious surface) to design and
implement stormwater treatment BMPs beginning April 15, 2005. As with Group 1,
projects consisting of one single family home with 10,000 sq. ft. or more of impervious
surface (not part of a larger common plan of development) will need to incorporate
appropriate pollutant source control and site design measures (such as use of landscaping
to treat runoff to the extent practical), but do not need to install additional stormwater
treatment BMPs.
• Treatment BMPs must be designed to treat a certain amount of flow and/or volume of
stormwater, per the sizing criteria in the permit. There are no specific pollutant removal
criteria — BMPs must be selected to achieve treatment to the "maximum extent
practicable".
• The Town must implement a BMP operation and maintenance verification program,
which includes assigning maintenance responsibility for BMPs and performing
inspection of a prioritized list of installed BMPs at a reasonable frequency.
The Town of Los Gatos is preparing to implement the Provision C.3. requirements for local
development projects. One of the tasks to be completed is a review of existing legal authority and
whether that authority is adequate for addressing the C.3. requirements.
One area of concern is that Section 22.30.035., New development/redevelopment, covers storm
water management required for "major projects", and the definition of "major development or
redevelopment project" provided in Section 22.30.010 is as follows:
"...construction activities that result in the disturbance of five (5) or more acres of
total land area."
At a minimum, this definition should be revised to be consistent with the thresholds established in
Provision C.3. Additional definitions may be needed to clarify the C.3. thresholds (e.g., definition
of "impervious surface").
It is also recommended that general language be added to Section 22.30.035 to reference compliance
with the C.3. provisions and the Town's policy for stormwater management requirements for new
and redevelopment projects.
As part of this report, Cheri Donnelly, Manager of the West Valley Clean Water Program, will
make a presentation on the Town's Storm Water Quality Protection Program.
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDER 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
DECEMBER 8, 2003
ENVIRONMENTAL IMPACT:
It has been determined that this project could not have a significant impact on the environment,
therefore, the project is not subjected to the California Environmental Quality Act (Section
15061 (b)(3)), no further action is required.
FISCAL IMPACT:
In recognition of the additional staff work required to ensure compliance and to implement the
new requirements, an NPDES fee has been established. The level of staff effort associated with
the additional requirements will be monitored over time to determine if the fee covers the costs.
If it is determined that the fee does not cover the associated costs, staff will recommend an
appropriate increase in the fee to cover the costs of this unfunded State mandate.
Attachment:
Revised Town Ordinance amending Town Code Sections 22.30.010 an 22.30.035 to comply
with the requirements of Provision C.3 of the Town's NPDES Permit
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, ofthe 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 nmoff. 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 construetion-aetivities-that-restatirr the
disturbance of five (5) or more acres of total land arca 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.
x
SECTION II
Section 22.30.035 is amended to read as follows:
Section 22.30.035. New Development/Redevelopment
2. 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.
4. Issuance oflTuildi,agPermits . The Building and Engmccnng 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.
6. Occupancy. The Building and Eirginccirng Scrvn,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 , 2004 and adopted by the following vote as an ordinance of the Town of
Los 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
Town Council Minutes
Redevelopment Agency
January 5, 2004
Los Gatos, California
Time
ITEM
ACTION ON ITEM
ITEM 7 CONTINUED
RESERVOIR ROAD/SUBDIVISION APPEAL CONTINUED
SPEAKERS
CONTINUED
Kevin Rohani , Town engineer, addressed the geotechnical aspects
of the development. There will be a full-time inspector assigned by
ITEM 7
STAFF AND COUNCIL
DISCUSSION AND
CONSENSUS
COUNCIL DISCUSSION AND CONSENSUS
* A Communications Plan shall be implemented to afford public
input at key opportunities during remediation construction. This will
include the Landscaping and Grading Plans at strategic construction
milestones.
* Tree #90 will be preserved at this time and cared for until such time
as approved construction plans are developed. At that time a
decision will be made by the Planning Commission as to the
practicality of keeping Tree #90.
* If there are design changes that can be handled by staff they will be
minor and not substantive. Fill is limited to a maximum of 4,000
cubic yards. Any changes in grading or tree removal would be fully
communicated and brought to the appropriate body for review and
approval.
* All additional review steps to be included as Conditions of
10:30
PM
ITEM 7
RESERVOIR ROAD
MOTION AND FINAL
ACTION
Motion by Mr. Wasserman, seconded by Mr. Pirzynski, to approve
the changes and directions discussed by Council this evening and
have the resolution return to Council on January 20, 2004 for review
and consideration by Council. Council to be assured that the
neighbors and affected parties have also had an opportunity to review
the changes before Council adoption of resolution. Carried
unanimously
OTHER BUSINESS
OTHER BUSINESS
10:40
ITEM 14
NON -POINT SOURCE PRESENTATION (14.40)
Mayor Glickman stated that this was the time and place duly noted
to consider introducing Ordinance 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.
PM
NON -POINT SOURCE
(NPDES)
John Curtis, Parks and Public Works Director, gave an overview of
this annual program.
PRESENTATION BY
(NPDES)
REPRESENTATIVES
Cheri Donnelly and Jack Lowell made a presentation to Council of
the storm water program. They had a visual display which was
shown to Council and used as a classroom demonstration model.
They work with the public and with business owners to educate about
how pollutants flow through the storm water system to the Bay.
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Town Council Minutes
Redevelopment Agency
January 5, 2004
Los Gatos, California
Time
ITEM
ACTION ON ITEM
ITEM 14
NPDES CONTINUED
NON -POINT SOURCE PRESENTATION CONTINUED
SPEAKER
Speaker, Ray Davis, spoke in the public interest.
EXTEND THE
MEETING PAST
MID -NIGHT
Motion by Mr. Wasserman, seconded by Mr. Glickman, to extend
the Council meeting past mid -night. Carried unanimously.
11:10
PM
11:15
PM
ITEM 14 CONTINUED
TITLE READ
ITEM 14
NON -POINT SOURCE
(NPDES)
FINAL MOTION
OTHER BUSINESS
ITEM 15
HILLSIDE
DEVELOPMENT
STANDARDS
(15.38)
SPEAKERS
SPEAKER
SPEAKER
Motion by Ms McNutt, seconded by Mr. Glickman, to waive the
reading of the Proposed Ordinance. Carried unanimously.
The Town Clerk read the Title of the Proposed Ordinance.
Motion by Ms McNutt, seconded by Mr. Glickman, that Council
Introduce Proposed Ordinance entitled, 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. Carried unanimously.
OTHER BUSINESS
HILLSIDE DEVELOPMENT STANDARDS AND
GUIDELINES Mayor Glickman stated that this was the time and
place duly noted to consider adopting resolution adopting the
Hillside Development Standards and Guidelines. It has been
determined that this project could not have a significant impact on
the environment, therefore, the project is not subject to the California
Environmental Quality Act (Section 15061 (b)(3)). File A-03-3
Applicant: Town of Los Gatos.
Bud Lortz, Director of Community Development, gave a short
overview of the work the Planning Department and Hillside
committee have accomplished over the last year while working on
these standards and guidelines
The following people from the audience addressed this issue.
Ray Davis spoke of the need for additional work on this document
and asked that the report have a peer review before it is adopted.
Joe McCarthy, owner of the property, spoke of the history behind
this project and of the community benefits to the neighborhood. He
noted the new water line installed for protection against fire, which is
a benefit to the surrounding residential properties. He also spoke of
the emergency access fire road which runs through the Jesuit
property. He spoke of beginning his process over seven years ago
and of having completed extensive preliminary work which was
necessary before the plans for the homes could be submitted.
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