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14 Staff Report - Amending Town Code Sections 22.30.010 and 22.30.035MEETING DATE: 1/5/04 °w N ITEM NO. . , COUNCIL AGENDA REPORT r°s ail i DATE: DECEMBER 8, 2003 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: 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. 6,~t4 Z~Q PREPARED BY: OHN E. CURTIS Director of Parks and Public Works Reviewed by: ~ - Assistant Town Manager Attorney Clerks inance Community Development Revised: 12/8/03 8:50 am Reformatted: 5/30/02 NAB&E\COUNCIL REPORTS\npdes.town.code.amend.121503.wpd PAGE 2 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. PAGE 3 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 prof ects (funded and owned by the Town), projects are deemed complete if funding has been approved by the Town Council and constriction has been scheduled by October 1.5, 2003. Impervious surface means a constricted 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., esult in th 1W 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 wirh 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 stor nwater 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/Redevelopr 2. Storm water management required for major projec permit and/or grading permit for a major developme identify the potential for storm water to be discharg( completion of construction activity and shall demon specifications for such project include the installa practices, and control measures designed to mitigat( storm water that may be discharged from the project storm water treatment measures. In addition, appl)i permits for projects with significant pollution potent that sources of pollutants will be controlled onsite wit water management techniques, practices, and control shall be selected, designed, and maintained in acc NPDES Storm Water Discharge Permit, and the Management Requirements for New Development as 4. Issuance ofBn*Wing Permits. The BuiHing mid Errb+ shall not issue a building, permit or a grading pe redevelopment project or a project with significai reviewed the mitigation measures proposed by the a paragraph and determined that they are sufficient to ac of storm water that may be discharged from the proj 6. Occupancy. The Building and Engineering Service a certificate of occupancy for a major development or . with significant pollution potential until it has determin identified in the building permit and/or the grading per; been adequately implemented and that appropriate an ensure that these management techniques, practices, maintained on an ongoing basis, in accordance with Water Discharge Permit and the Town's Polic) Requirements for New Development and Redevelops 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 j ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA