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13 Staff Report - Amending Town Code Section 22.30.010 and 22.30.035cow~" aF COUNCIL AGENDA REPORT !ps 6AZ~S MEETING DATE: 1/20/04 ITEM NO. 13 DATE: January 8, 2004 TO: MAYOR AND TOWN COUNCIL FROM: ORRY P. KORB, TOWN ATTORNEY6~ 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 22.3 to comply with requirement sof the Town's NPDES permit. Attachment: Ordinance PREPARED BY: ORRY P. KORB, TOWN ATTORNEY OPKLMB/wp (N:WTY\NPDES.TCR.wpd] Reviewed by: Town Manager . VSZ Assistant Town Manager Clerk Finance Community Development Rev: 1/8/04 10:13 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 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 proj ects (fumed 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 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 majorprojects. Every applicant for a building permit and/or grading permit for a maj or development or redevelopment proj ect 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 watertreatment 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 R 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 NAATY\NPDES.0RD.wpd Page 3 of 3