14 Desk Item - Non-Point Source Presentation (NPDES)MEETING DATE: 1/5/04
`owN ITEM NO. 14
DESK ITEM
~0s a"~09 COUNCIL AGENDA REPORT
DATE: JANUARY 5, 2004
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGE
SUBJECT: NON-POINT SOURCE PRESENTATION (NPDES)
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
Attached is another copy of the ordinance. Copy that was previously sent to you was incorrectly
copied.
Attachments: Ordinance
i
PREPARED BY: DEBRA J. FIGONE
Town Manager
DJF:pg
N:NGR\Admin WorkFiles\cnclrpts\1-5deskitem.# 14.wpd
Reviewed by: ~dAssistant Town Manager Town Attorney Clerk Finance
Community Development Revised: 1/5104 1:45 pm
Reformatted: 5/30102
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 andproj 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 redevelopmentproject means construction activities that 1A,3UIL III L11%,
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 stonnwater
after project completion, based on a review of the proposed uses of or activities planned for
the site.
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 ofpollutants 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 Dater
Management Requirements for New Development and Redevelopment Projects.
4. Issuance ofBvfh*ngPermits. The Building =dEngineering Set Vices 9CpaLftn%,.1ft 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 Engirfeering Services Departirtertt Town shall not issue
a certificate'of occupancy for a major development orredevelopment 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 Stonn
Water Discharge Permit and the Town's Policy for Storm Mater 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