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01 Staff Report - Land Use Near Streams~owH of MEETING DATE: 2/20/07 ITEM NO: CONSENT to~~a~os COUNCIL AGENDA REPORT DATE: February 14, 2007 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: GUIDELINES AND STANDARDS FOR LAND USE NEAR STREAMS RECOMMENDATION: Adopt a Resolution implementing the Guidelines and Standards for Land Use Near Streams (Attachment 1). If the Council decides that changes should be made to the resolution, it may: 1. Remand the project to the Planning Commission with direction about the required changes; or 2. Continue the project to a date certain and provide specific direction to staff about the required changes. BACKGROUND: The Guidelines and Standards for Land Use Near Streams (G&S) were developed by the Santa Clara County Water Resources Protection Collaborative (Collaborative), which was established in 2002. The Collaborative consists of representatives from 15 cities (including the Town of Los Gatos), the County of Santa Clara, the Santa Clara Valley Water District (SCVWD) and other interested community, business and environmental groups. The G&S contains the requirements and guidance for development adjacent to streams. On August 15, 2005, the Town adopted a resolution agreeing to implement the Guidelines and Standards. The G&S and an associated streamside protection ordinance were adopted by the SCVWD Board of Directors an ordinance on October 24, 2006. The ordinance implements the G&S and repeals the SCVWD permitting authority for development adjacent to creeks, and replaces it with permit authority that applies only to land held by the SCVWD in fee or easement. With adoption of the ordinance, local jurisdictions will assume the permitting authority for development adjacent to creeks. A deadline of February 28, 2007 has been set for the cities and the County to adopt the Guidelines. PREPARED BY: BUD N. LORTZ, Director of Community Development Reviewed by: .L-Assistant Town Manager ____t~Town Attorney Clerk Administrator Finance kCommunity Development i 4I9 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: Guidelines and Standards for Land Use Near Streams February 14, 2007 DISCUSSION: 1. Project Summary The G&S contain setback and other standards pertaining to development adjacent to creeks. The provisions apply to all properties abutting a creek except ministerial projects in single family zones, which are recommended to be exempt from the G&S. The SCVWD will continue to review projects, if requested by local jurisdiction, which staff intends to do. All improvements (except in R-1 zones) are to be located outside a slope stability protection area, which is the greater of 20 feet inward from the top of bank or to a point measured at a ratio of 2:1 (horizontal: vertical) inward from the toe of bank. For single family homes in R-1 zones, the setback is 20 to 25 feet adjacent to natural stream channels that are 10 feet deep or less, otherwise the setback is based on the 2:1 slope stability protection area discussed above. Exceptions may be granted where a slope stability analysis is provided and maintenance or repair of the stream will be provided. Based on environmental conditions that are assessed during project review and/or environmental review, greater setbacks than those mentioned above may be required. The Collaborative recommends that the following projects be exempt from the G&S: • Wood fences less than six feet tall • Grading less than three cubic yards • Accessory structures less than 120 square feet • Decks less than 30-inches above grade are exempt from the G&S. Projects such as these generally do not require permits and are minor so they do not impact steams and creeks. These uses may be allowed in the slope stability area, but may not encroach beyond or overhang the top of bank. The Collaborative allows jurisdictions to exempt existing single-family parcels which contain 10,000 square feet or less. Staff recommends a modification to apply the G&S to all projects on single-family parcels, regardless of lot size, that require discretionary review. Because most projects in Town require some type of discretionary review (which includes minor residential projects, and projects approved by DRC, Planning Commission and City Council), staff's recommendation will apply the G&S more broadly than the approach suggested by the Collaborative and will be simpler to implement. The only type of projects that would not be subject to the G&S are ministerial projects in single family zones. The exemption will essentially only apply to single-story additions that to do not require a grading permit and two-story additions less than 100 square feet that only require a building permit for approval. The SCVWD recognizes that each community will implement the G&S differently based on their unique permitting processes. i_ 1 3 wv"d PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: Guidelines and Standards for Land Use Near Streams February 14, 2007 2. Planning Commission a. Commission Comments The Commission reviewed the G&S at their meeting of January 10, 2007. Commissioner Bourgeois expressed concern that 20 to 25 foot setbacks discussed in the G&S would be taken by applicants as the maximum required, when in fact a greater setback may be necessary. Staff commented that the G&S state the 20 to 25 foot setback is the minimum setback and the actual setback is based on a 2 to 1 slope stability protection and also on environmental constraints of the specific project site. Additionally, staff will include a statement on handouts that are being developed for properties near streams, that informs applicants and homeowners that the setbacks in the G&S are minimums and greater setbacks may be required through the development review process. Commissioners Bourgeois and Sayoc also mentioned they had technical comments that they would forward separately to staff. The Commission voted 7-0 to recommend that the Town Council adopt a Resolution implementing the G&S. The recommendation included the technical comments from Commissioners Bourgeois and Sayoc. b. Commissioners Bourgeois and Sayoc Comments The comments from Commissioners Bourgeois and Sayoc's comments are summarized below along with staff's response. The comments are also attached. • They express the concern that applicants will view the setbacks in the G&S as the maximum required. As discussed above, staff will address this concern and make it clear the setbacks discussed in the G&S are minimums and greater setbacks may be required based on site conditions. • It is suggested that the Town consider adopting a riparian corridor policy and reference a City of San Jose policy that requires a 100 foot setback and then outlines exceptions to reduce the setback. Consideration of a riparian corridor policy is best evaluated as part of the General Plan Update. As previously discussed, the Town is under a deadline to adopt the G&S because the SCVWD has relinquished their permitting authority beginning March 1, 2007. • There is a concern about exempting wood fences adjacent to creeks and suggests considering fencing standards similar to those in the Hillside Development Standards and Guidelines (HDS&G). Regulating wood fences adjacent to creeks would be difficult to administer. Unless included as part of a discretionary application, fences six feet tall or less do not require a permit and staff would have no way of knowing when one is built. It should be noted that fencing in hillside areas is encouraged only in areas necessary for the protection landscaping, security, or play areas. Solid i > PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: Guidelines and Standards for Land Use Near Streams February 15, 2007 fencing is discouraged unless needed for privacy and fencing is not allowed in areas that would impede the movement of wildlife. • How will the plan be implemented and what type of follow-up will occur to determine if the G&S are meeting their purpose and goals? Applications will continue to be routed to SCVWD for comment. However, the Town, not SCVWD, will issue permits for work adjacent to streams. This will streamline the process for applicants. In addition to review by SCVWD, staff will evaluate potential impacts and may require site specific studies to determine the top of bank and assess if the project will have any impact and if mitigation measures are necessary. Any necessary mitigation measures will be included in the conditions of project approval. The Collaborative that prepared the G&S will remain intact and will meet to determine if the G&S are accomplishing their desired goals and if any amendments are necessary. The Town cannot modify the language in the G&S, but Staff can recommend changes when the Collaborative reviews the G&S. • Concern that the G&S allow structures in the slope stability area subject only to a geotechnical report with no further studies or mitigation measures. Appendix B of the G&S discusses additional efforts that may be necessary to protect riparian corridors. It states additional measures, such as onsite biotic studies may be necessary by a qualified expert to determine if mitigation measures are necessary. This is consistent with staff's intended approach to implement the G&S. Staff has included a statement in the Resolution to clarify this requirement to applicants. • Modify the language on page 3.13, V.B.4 to require rather than consider protective measures in source water protection zones and sensitive areas of reservoir watersheds. While there are no reservoirs within Town boundaries, this issue is further discussed in Appendix B. Any grading in these areas must be approved by the SCVWD, who will require any necessary mitigation measures. They require erosion and sediment control measures to protect reservoirs from construction impacts. • Modify the language on page 3.15, V.ILB to require rather than recommend the restoration of natural stream processes. Restoring streams/creeks is not always possible, for example some streams are in culverts under streets and cannot be restored. Staff will work to restore streams when possible. • Modify the language on page 3.18, XIILA2 to prohibit instead of should prohibit new high risk activities in well head protection areas as designated on District GIS maps. Active wells are required to be shown on plans and must be destroyed or maintained in accordance with SCVWD standards. SCVWD, not Town staff will be responsible for well head protection. Projects in Town that had well heads were destroyed in accordance with direction from the SCVWD. 4 fr ;,a PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: Guidelines and Standards for Land Use Near Streams February 15, 2007 CONCLUSION: The G&S provide clarity for applicants and will lead to more consistency when reviewing projects adjacent to streams. It is recommended that the Council adopt the attached resolution (Exhibit A), applying the G&S to projects in Town adjacent to streams, except that ministerial projects in single family zones would be exempt from the provisions. The SCVWD is relinquishing their permitting authority as of February 28, 2007 and the Town is encouraged to adopt procedures to implement the G&S by that date. ENVIRONMENTAL ASSESSMENT: Adoption of the G&S is Categorically Exempt pursuant to Section 15307 of the State Environmental Guidelines as adopted by the Town. This exemption applies to actions by regulatory agencies for protection of natural resources where the regulatory process involves procedures for protection of the environment. The G&S establish procedures that will help protect streams. Future development adjacent to streamside properties would be subject to environmental review as appropriate. FISCAL IMPACT: With SCVWD relinquishing their permitting authority for projects adjacent to creeks, additional staff time will be required to review creekside properties. Staff currently considers impacts to creeks as part of the review of creek side properties, but relies primarily on the SCVWD for expertise. To implement the G&S, applicants will need to hire consultants to assist in the preparation of plans. Staff will need to review any reports and plans in greater detail and this will result in an unknown amount of additional staff time to review these projects. Staff will monitor creekside projects and determine if any changes to fees are necessary to recover additional costs to implement the G&S. Atttchments, 1. Draft Resolution 2. Excerpts from the January 10, 2007 Planning Commission meeting (previously submitted) 3. Comments from Commissioners Bourgeois and Sayoc 4. Staff report prepared for the January 10, 2007 Planning Commission meeting (without exhibits, which are included as attachments 1, 5, 6 and 7) (previously submitted) 5. Chapter 3 Guidelines and Standards for Land Use Near Streams (previously submitted) 6. Santa Clara County Valley Water District Ordinance 7. Town Council Report dated August 15, 2005 supporting the Collaborative N:ADEV\CNCLRPTS\2007\Guideines and Standards for Land Use Near Streams.rptl.doe 7 FUM- 1 RESOLUTION NO. RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING THE SANTA CLARA VALLEY WATER RESOURCES PROTECTION COLLABORATIVE GUIDELINES AND STANDARDS FOR LAND USE NEAR STEAMS, DIRECTING THAT SUCH STANDARDS BE INTEGRATED INTO THE TOWN OF LOS GATOS' PLANNING APPROVAL PROCESS, AND FURTHER EXMPTING SINGLE-FAMILY PROJECTS IN RESIDENTIAL ZONES THAT DO NOT REQUIRE DISCRESIONARY APPROVAL. WHEREAS, the Town of Los Gatos participates in the Santa Clara Valley Water Resources Protection Collaborative along with the Santa Clara Valley Water District, the County of Santa Clara, and the cities of Santa Clara County; and WHEREAS, the Town of Los Gatos joins the Santa Clara Valley Water Resources Protection Collaborative and others in endorsing the water and watershed resource protection goals of flood management, drinking water quality and quantity, surface and groundwater quality and quantity, and habitat protection and enhancement; and WHEREAS, it is recognized that the local control is the key principle for the implementation of resource protection goals, and that cities and the County are the primary jurisdictions for land use planning and land use permit regulation; and WHEREAS, the Town is committed to the development of a consistent, County- wide approach to streamside preservation through the implementation of existing policy and the Guidelines and Standards for Land Use Near Streams; and WHEREAS, the Town of Los Gatos understands that once it adopts and implements the Guidelines and Standards for Land Use Near Streams, the Santa Clara Valley Water District will relinquish its development review of streamside properties other than those lands held in fee or easement by the Santa Clara Valley Water District; and A TTACHMENT 1 WHEREAS, the Town of Los Gatos understands that in adopting and implementing the Guide and Standards for Land Use Near Streams, the Santa Clara Valley Water District will continue to provide technical assistance to the Town; and THEREFORE, BE IT RESOLVED: The Town Council of the Town of Los Gatos: Adopts the "Guidelines and Standards for Land Use Near Streams" of the Santa Clara Valley Water Resources Protection Collaborative, incorporating future amendments that may occur from time to time; and 2. Directs that the "Guidelines and Standards for Land Use Near Streams be applied to future streamside development in the Town of Los Gatos to the extent feasible provided that single- family homes in residential zones that do not require discretionary approval are exempt from the provisions in the guidelines; and 3. In order protect riparian corridors, implementation of the G&S may require applicants to provide an assessment of onsite biotic and riparian conditions by a qualified professional, which may result in larger setbacks and additional protection measures than those stated in the G&S. 4. Supports continuing participation in the Santa Clara Valley Water Resources Collaborative on matters pertaining to watershed resource protection. 5 Er PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the day of COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: 2007 by the following vote: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:ADEV\RESOS\Guidelines and Standards for Streams. ecreso. doc 0 a) 0 N N u N N O, A 3-a H x L -H 10 0 ~ N 3 14 C 0 C Sa U o O m -H 3 N o N a E H L C N t6 N 7 1 0 0 - C N ✓ N -1 RS N S4 U O ~3 W W ll O k l H O N 3 +j r-I 0 N N - v .C ?4 +3 N 3 T3 O w N A • N > ro 1 zs N 0 A f6 N l4 N 4 N C I o A ~J o m U •.i m N }4 0 w N ro > S i ° b U N (d ?4 L y C N .C C «f ~j O N O --a is X N la O N .C O 00 14 N 0~ Q p, o U G O N 0 O A t, O w A R1 _ N li 3 F N C a ro C N ro F O N u N R$ ro N O 1, O, N 'O S4 O -H is N r N G N 7 L t6 ,-i L •.-i N x .-1 N N >r la H z5 o✓ ~ C~ bi C C 4.1 O ro ~4 ro w z ~4 O -H N N O Ot n 'O 04 U C (0 A N U , z x •H N 2S rtl 'O _ 0 1J ~4 H N iJ N 3 N 2 U C O C7 Z H > N N N f~ 0 C fo Ul x O 3 A r-I ro rO N R O L E H N C ri O U N L A N N !4 N ri -H O 3 11 w S°i Q W W W a O W C N 4 O O~ C •H N A H U C O o G ro N N 1.1 C O U N u 0 O 0 N N N X •H - H ro C 11 u o H u C C 0 U ro rt 3 u C ro u C C N N A 'O w N 'O C y, C N C m C H o u m c~ z z H U cn w U N N 7 U 7 U C O C rtf . 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N O a~ N N N X O u O N O c0 C G !a H N ro c~ N H U U) N U N U X C X ro Q rt rt U t+ W x H ll O H N • }a N U ^ i~ N N N N ro N W x H i~ 7 O 0 W x H -H ,H a f0 O la a 01 W x H G r0 .G -H O C RS A w w L ~ G O -H O N -H Ul H O U .H G N 0 u U 2 a U U y G -H G N (0 O N N U U i U U a~ G U U G U] ,H A W 0 0 O t71 G 2 ti H r0 +s H !0 il T N U O H O H H G G H W c4 t~ G W a N .G W a O O a O m U u 2 04 m G N N 3-a 1y 3 Itl o W o F O G C a> G; W z O H -H N w u U U N U -r; Q M U1 J --4 u J a r G -H tZ W 7~ o H • H H tx W 7.. o H C Q U) cn a v ~ Lx W 7. o H W Ul W a . n H w N W • H w u1 W a Q; RS t4 s N N .G 1~ N a W Z o H 0 O H O N N a It y~ O m C~7 U U7 N H N G N > C11 E Ul E > F > H y N W L U7 H I ro .U (tl 01 O a a O 14 a G RS --1 04 UJ H FC Q N H >a ,C 0) Ui H w' FC q (k q p; G N O O r-i u N H 0 ro N H 3 U U U U U U Sa U 3 C ro u G m O U U X N G O C X O O -H o E O G G •C O to >y O N N ro H ro u ro x ro 0) N G N N -H N 7 N RS N ,G O .C N s. rt C O A 0 O 0 O .G .C rf N M d N b r W O ~ O i H N H M H C N to N N t~ .-V W H N O N N N N M N d N In N N G m •G •H N t~ w > O N O N u C N U N N G G N t~ c0 N ,1, N ~El N O N g F X N N ro ra N rt N t3 O }-I a O H O C CT G -H .C -H ?4 N a X N G U N > N .G S O la W N Sa U O N w L r H m w ,H N ro IO ~ A Rf C O N O u X U (5 A U x U r0 A U N N N S; U Ia O w >r O G N u N w O N Ir U N Au H L U X N 7 .C~ N > N a O L 0 a G O •H U N ~ .G U U U - N o 'O m H N O C tT N N -H 10 O b > t3' o u n• N u U u N N 0 O N ro G r0 w 3 O G O >r ro G R$ 3 O N N o U O a ) C -H r0 Sa N 0) H N r-I - o N N N r0 N > (0 ,1 N t~ o 'cl a C -H g A O 14 N .U 3 N rH L IO y H M 4 ro .-i A G a 14 O w ,H N o W O N o r-I U A N W w O t~ RS u co ro E N .C W O X N IO H O N r0 Q ~ - 7 N 2 N ~5 U 14 N G O N •H ° tia o U 3 ~ z m O o L o }-i a G 1~ 3 G x H N 7 N N C RS H N 1O ri H C z N N sA N N > O tJ N u G N a >i G rt 10 o C71 C C m > rts ro C RS N w •H H }..i N I -H 7 A ij 0) -H L' a) o N N r0 u _ N O u O x C X W o U H w H U o o li u) G -H 0) N X U z A O~ A C U U A O S4 N N N 4~ U N .G L r0 N ro a o H N > L G O A rt r~ O 3 I w O i u N 0 w w 0 >r y g O N F~ O >r ro O A s N 0) u N 14 W N A 14 N ro 0 N O rt ,G E. w x U H U u) N N o u m N a z A u N N w N N a 3 y A o w ro a U z a) N N o N N N U o r N ~ N > N .-I 3 A m 0 N H m r C IO L G G G W 41; H W C4' 2 11 N u O 14 a N .C L w o RS .u ro 3 w O I U ,G -H ?4 u N J O A N ro ~4 O N X N N N u N S4 N .G l4 a o U - if) N I N N u a N N X O u N -H ~ , N > N N N G b U O 'a N N ro O ~4 N O 3 N C u ro G r0 N G 10 N 'o 7 H U N k a O N S4 ro o M i ui N N N l4 (0 N k N J~ L C W -H N C IO ~4 M a -H N N ,G ro G Io N ro S4 -H A N .G E G O' N U O O N N l4 U rt G ro , > { ro C -H N y - r0 ro G -H N O G -H 0 m a A rn H w I0 N IO 3 " co N .U ~ u N J.1 ro W U ro G O O W N l4 Z G N u O ,H N N O •G li W L H u U O w N W a F p: H r.0 x V tk W z O H u) rn H o U O w co w a d E P+ H x U a> E O U v o u N N ro •H G q5 N X ri 3 X N > '-f N A ro N A Sa rtS N u X >4 N G ij u v) -H H A o U H G •H O tT N o N 0 A I0 li N 0 3 -H 34 r0 a N r0 u 7 >1 rt3 ro G -H o U m A 1-1 N N w u .X N N u x N N u a a r0 N a U '0 A U N 3 o N U N u Q A , r-i fo E -H ro ~5 a ro (d O 0) 7 ro O A z a a O N O o o ?4 N A F C x G -H Gu n• w w Id un u H H N M C' tf1 l0 W Oi O N M C tf) ~D l~ ~ O H N T to N H H H N .-i N N N N N N N N N N S_'- 11 [ f (0 Q) C C > O -.-t O -.-i u }d O 7 u 4J Q) A ) s4 • u O L C u b r6 Q) u u 3 7 N a ~4 U N TS C -fl N ) Q1 U O a < a U v u u v O N al O U O O JJ O u) ro O C O v C u a) v u C -rl q u 3 C a v o N A 3 C O l H x U N U H W 2 1 L O U (1) N ,1 H W W 2 ~ a -Ui U U H 4 C 0 ul vl U a O W N C u ~ O s H x U H U W Z a C O N O C O ~ . a O W C 0 z u C G -0 N U1 U m b >1 ~ > (0 ' H w q o C u • O C C O al u x t o r N ul ul O ' -0 O ~ O ~j O ~ 0 >1 N o ro r o o c) N N i o U3 N c~ w H u N O a a w cn rt o tOi S4 ro Q ) o u N m t 7 l m a N L m v ro j N O O ,j ro O Q) u ) O En H o U O M H o U ~l E a x U u W o ro .OC H O c~ Hy+ 2.' o U a C H a x U Q ~I 3 !a TUf u H N a 0 G N ) C H a) a O z R~ 0 z w u E~ Id o rt N N N r+t d to tD r W O O -i r-I -i .i .-1 .i N ~ O -1 N N C tft N N N N UU1IJtL1Nt5 ANIJ b1A1Vdt;1-kKua r`,1R LiAt-tw w j6 Ee4mm a6 1vb r%g11w 313. GUIDELINES AND STANDARDS FOR LAND USE NEAR STREAMS 1. Riparian Corridor Protection Applicability of the Following Riparian Corridor Protection G&S's: The following guidelines and standards related to planting and removal of plants in this section are applicable in conjunction with a development proposal where SCVWD/city/county reviews landscaping plans. I.A.1 Protection of the Riparian Zone Enforce existing City/County/SCVWD general plans, policies, or ordinances related to riparian areas, water quality and source water protection. I.A.2 Protection of the Riparian Zone Develop criteria to determine allowable uses within riparian corridor and develop measures to protect existing riparian areas. I.A.3. Protection of the Riparian Zone Adopt, as appropriate, riparian corridor buffers consistent with onsite biotic conditions, which may be determined by a qualified professional to protect existing riparian habitat. Sensitive habitat areas should be identified and assigned appropriate buffers. I.A.4 Environmental and Water Quality Supplement CEQA guidance and checklist to include environmental impacts relative to temperature and water quality for aquatic life. I.B. Native Plant Removal Native riparian vegetation is not allowed to be removed unless there is a threat to public health and safety including an imminent danger of induced flooding and/or a biologist/ arborist confirms that it will improve the stream ecology or habitat. If vegetation is proposed for removal in conjunction with a development project., mitigation will be provided as defined through the CEQA process and as agreed to by the local agencies and appropriate regulatory agencies. I.C. Planting Non-native species are not allowed to be planted between top of banks, or within an existing riparian corridor unless approved by appropriate state and federal regulatory agencies. Non-native invasive species are not allowed to be planted adjacent to an existing riparian corridor. Recommend watershed specific natives for major development restoration landscaping. I.C2. Planting of Invasive Species Encourage removal of and do.not plant invasive species. I.C3. Planting Within Tops of Banks Planting appropriate vegetation between top of banks as an alternative to hardscape bank protection to promote bank stability, improve habitat, and provide other water quality benefits is encouraged if it does not reduce channel capacity significantly below design flows. 1.C4. Planting on Levees No trees may be planted on a levee unless additional fill is placed against the levee. USER, MANUAL: GUIDELINES & STANDARDS FOR LAND USE NEAR STREAMS 3.3 I.C5. Planting Next to Water Supply Pipelines Trees must not be planted within easement or right-of-way of SCVWD water supply pipelines or the minimum required by other jurisdictions, as appropriate. E.D. Irrigation Irrigation runoff must not be allowed to cause erosion. If within outboard levee slope, irrigation must be bubbler or drip-type systems, and must be used for establishment purposes only. No main lines may be installed in levees. I.D2. Irrigation and Planting Follow efficient water use landscape ordinance requirements for drought tolerant plants and water conservation. E.E. Pesticide and Herbicide Use Use of pesticides and delineation of responsibility for maintenance on District property or easements shall be conducted as defined by current practice. I.F. Post-Construction Water Quality Include post construction water quality mitigation measures in proposed development conditions. I.G. Land Uses Next to Riparian Corridors/Streams: Avoid locating loading docks, trash enclosures, chemical storage areas and stationary noise producing mechanical equipment next to streams and riparian corridors. Refrain from locating new paved areas, active recreational areas, agricultural growing areas and grazing activities within riparian corridors. E.H. Light Avoid bright colors and glossy or glare producing building finishes on th. SL- ~i vi ripuriuil an~~.i~res lucing 1.1c au cui areas. Avoid nighttime lighting in riparian corridors, direct lighting away from riparian corridor and maximize distance of lighting from riparian corridor. L1. Monitoring For projects subject to mitigation/ monitoring requirements, riparian plantings for mitigation and bank repair/protection projects will be monitored to ensure successful establishment. I.J. Protection of Fish and Aquatic Life Preserve in and near-stream riparian vegetation whose canopies provide shade and nutrients for aquatic life. I.J2. Protection of Fish and Aquatic Life Protect/maintain stream characteristics suitable for fish habitat, including riffles; pools, gravel beds, stable undercut banks, overhanging vegetation & in-stream woody debris 3.4 USER. MANUAL: GUIDELINES & STANDARDS FOR LAND USE NEAR STREAMS t. U11JCL11Xr-7 AINU J 1P41XiV)<VVa V%Wrt 6^11,16! Wi #b. kVb.f'Saa ros e,Lh mAV% H. BANK STABILITY/ STREAMBEID CONDITIONS ll.A Slope Stability Requirements for New and Major Redevelopment Background: Slope stability requirements for watercourses will be determined based on geomorphic and hydrologic conditions, the bank's physical characteristics, such as composition and height, the potential for instability or erosion, other environmental considerations, structure loading and flood potential as determined by the applicant's engineer. Construction activities proposed .below the top of bank and/ or in the riparian corridor are subject to review and permit authorization from the Regional Water Quality Control Board, Department of Fish and Game, and in most cases, the US Army Corps, of Engineers and their Federal consulting agencies. II.B.1 Bank Stability for Structures Built Near Streams Establish a bank stability requirement ;f, ' or triggee that applies to construction of new roads, parking lots, pools, and structures subject to the UBC. The bank stability requirement or trigger e. should be measured from top of bank and should be based upon stream characteristics including protection of is existing riparian vegetation, natural or modified streams banks, and condition of bank. For all new development and major redevelopment, the slope stability I= trigger will be set to be the greater of: r y; 1) 2 to 1 structural slope stability I' requirement or trigger (This is measured using a hypothetical 2 horizontal to 1 vertical line projected from the toe of bank to a point where it intersects the adjacent ground.) The protection area should allow for construction access and access around the structure. For banks of larger Streal5i5, or flit StrBaYYiS t hat ure deeply incised or have highly erodable banks, a permitting agency may need to increase the protection area or trigger area in order to protect water quality and other resources. 2) 20 feet from top of bank or property line For construction proposed within the protection area or trigger area, the applicant would need to: (1) conduct a stability analysis by stream type and demonstrate that development would not require introduction of hardscape in order to maintain active floodplain or active channel slope (2) show how maintenance or repair of the stream could be provided II.6.2 Bank Stability for Structures Built Near Streams Supplement CEQA guidance and checklist to include stream stability impacts from and to proposed development project USEP, MANUAL: GUIDELINES & STANDARDS FOR LAND USE NEAR STREAMS 3.5 j H.C. Flood Protection for Structures Built Near Streams Structures will meet FEMA requirements if within a special flood hazard area. Refer to SCVWD Watershed Stewardship Plans and verify with SCVWD the status of any planned or anticipated flood protection projects and their right of way requirements. SCVWD may request dedication of land rights for flood protection or maintenance access in conjunction with new or redevelopment projects. For levee sections, recommend 18 to 25 foot building setback from toe of levee. EXCEPTION: Exceptions are allowed as consistent with City or County flood hazard ordinances. II.D. Slope Stability Requirements for Single Family Units The Purpose v~ clope staL.:I:ai, j The v~t .,wrc Requirement For Single Family Units: Structures built near streams may negatively affect streams and streamside resources as well as the structure itself. Some potential issues include: 1. Adverse effects on streamside slopes, including effects on slope stability and erosion, and related hazards to structures built on streamside properties 2. Adverse effects on flood control facilities and related infrastructure 3. Adverse effects on local drainage facilities and related infrastructure 4. Adverse effects on riparian corridors and associated vegetation and related erosion impacts 5. Adverse effects to streams, including the effects of down- slope sedimentation and altered stream hydrology, and related impacts to water quality in streams b. The structure itself can be undermined over time as the streambank erodes due to the dynamic nature of the stream resulting in health and safety hazards The following Slope Stability Requirements are intended to serve 3.6 USER MANUAL: GUIDELINES & STANDARDS FOR LAND USE NEAR STREAMS U GUlL)LLINk: i ANU iAANL)AKUb 1-UK LANU U,.IC @ tAK 31 KtAavta as development standards, that when used, will help enable the location of structures on streamside properties u ~iiurii~er .n w iut •a 'voiua or r-nini'mizes impacts to streams, streamside natural resources, flood control facilities, local infrastructure and the structure itself. Slope Stability Requirements as a' Geotechnical Trigger' for Permit Review If a structure is proposed to be located closer to the Top of Bank than indicated by the following Slope Stability Requirements, this may serve as a trigger for local permitting agencies to require site-specific technical information related to precise slope conditions. If a property owner is proposing to place structures closer to a streamside slope than allowed by the Slope Stability Requirements, the permitting agency should require further study of on-site geotechnical soil and slope stability conditions. The purpose of the study is to determine: 1. whether or not the location of a proposed structure may threatenbank stability, and 2. whether or not the bank instability may threaten structures and/or potentially cause a health and safety hazard. For banks of larger streams, or for streams that are deeply incised or have highly erodable banks, a permitting agency may need to require on-site geotechnical analyses even if the Slope Stability Requirement are met. USER MANUAL: GUIDELINES & STANDARDS FOR LAND USE NEAP. STPEAMS 3.7 J li. E. Slope Stability Protection Area for Single-Family Units ' The "Slope Stability Protection Area" is an area between a structure and the stream in some cases, a range of numbers is indicated. The assumption is that eoc h local jurisdiction will select one of the numbers based on their existing priorities, permitting processes, and on-site conditions. It is also assumed that the channel depth of most streams in urban Santa Clara County is 10 feet deep or less. For streams, deeper than 10 feet, there should be a 2 to 1 protection area as measured from the toe of the bank. Stability Protection Area Stream with Little Structurally 3 Ephemeral or No Hardening Engineered System Stream Size of Protection Area (as measured 25 - 20 ft. 15 ft. 10 - 15 ft from Top of Bank)4 Notes: Potential Additions to the Slope A. For a large lot (greater than 10,000 sq. ft), add 5 feet. B. For a large home in which the FAR triggers a discretionary review, work with applicant to ensure that impacts such as drainage are redirected away from a stream and pursue opportunities to increase the slope stability protection area to better protect the stream (and home) from impacts. For example, consider decreasing the required front yard setback in order to accommodate an increased rear yard setback/slope stability area. ' Single Family Unit refers to both (a) new single family units on existing lots of record and (b) new single family remodels/rebuilds as defined by local regulations/policy/ guidelines z In addition to protecting this area, BMP's should be used that are reflective of Guidelines and Standards, for activities adjacent to this areas where discretionary review is used (i.e redirecting drainage away from the stream and no removal of native riparian plants 3 A "structurally engineered system" is designed to provide slope stability. It may be a concrete-lined channel (U-frame or trapezoidal) or a stream substantially modified with riprap, gabions, structurally engineered sacked concrete, etc. " Area measured for Slope Stability Requirement to be measured based on location of Top of Bank, whether stream is on or off of property. 3.8 USER /VkANUAL: GUIDELINES & STANDARDS FOR LAND USE NEAR STREAMS GUIDELINES AND STANDARDS BUR LAND Ubh NhAK ~11{t~lVl~ 111. ENCROACHMENTS BETWEEN THE TOP OF BANK Related Resource Agency Permits: In addition to the G&S's below, any construction activities proposed below the top of bank are subject to review and permit authorization from the Regional Water Quoli" Control Board, Colifcrnlo Department of 'F'ish and Game, and.in most cases, the U-S Army-Corps of Engineers and their =ederaI consulting agencies. -Appli=ants may,choose'to complete a JARPA (Joint Aquatic P.esource Permit Application) Fpermits are i equired from more than one Resource .Agency. III.A Overhang Top of Bank 1. Decks, pathways, buildings or any other structures (excluding road crossings, outfalls, and bank protection structures) may not overhang or encroach beyond or within the top of bank. 2. When illegal structures are identified, which cause public health and safety problems and/or damage to stream resources, appropriate jurisdiction should take actions to have them removed or modified. 111.B1. Design/Construction Related to Encroachments between the Top of Bank The construction of clear span structures is preferred for new and replacement bridges. Bridge piers may be allowed if length of span makes clear span infeasible as determined by the local jurisdiction. 111.132. Design/Construction Related to Encroachments between the Top of Bank u Suvlwrc mu5l uc NiuCcit ire ntc If active channel due to structural requirements, feasibility, or otherwise, a geomorphic, biological impacts, and/ or hydraulic analysis will be required and will be reviewed by SCVWD and other state and federal agencies. For construction of new bridges, loss of riparian, or aquatic habitat beneath the bridge should be mitigated and located as close to the new bridge as possible. 111.63. Design/Construction Related to Encroachments between the Top of Bank Have footings and pile caps that are designed based on channel scour to prevent erosion. The appropriate foundation depth should be determined by a licensed engineer and should be at minimum three -(3) feet below active channel invert. If depth of waterway allows, clearance under the bridge should be a minimum 12 feet for maintenance access or access to the stream should be provided from road. 11I.B4. Design/Construction Related to Encroachments between the Top of Bank Structures must not reduce the active channel or active floodplains' conveyance area or redirect flow to the detriment of another bank or the river bed. Designs in SCVWD jurisdictional areas must be capable of conveying 100-year design flow and meet SCVWD's freeboard requirements explained in Design Guides. USER MANUAL: GUIDELINES & STANDARDS FOR LAND USE NEAP. STREAms 3.9 i EXCEPTION: If structure may reduce the conveyance area or encroach into freeboard area, a hydraulic analysis wiii be required to demonstrate no increase in erosive velocity or flood elevations. Hydraulic analysis must be in HECII or HEC-PAS format (small rural streams may utilize simpler hydraulic analysis methods) and must model debris loading on piers (3 times the pier width) and include a scour analysis. Analysis must be acceptable to SCVWD. III.B5. Design/Construction Related to Encroachments between the Top of Bank Encroachments in active channels and active floodplains must provide for fish passage and not impact aquatic life. EXCEPTION: Consideration of exceptions for fisheries impacts must be coordinated with NMFS, USFWS, CDFG, RWQCB and would require biological impacts analysis as well as a Streambed Alternation Agreement. III.C. Water Rights Related to Encroachments between the Top of Bank SC'VWD permits required for diversion of surface water (removal of water from stream) in areas where District releases water to stream. Construction-related water diversions must also conform to DFG water diversion guidelines, and are subject to a biological assessment. EXCEPTION: Stream owners may have riparian rights to water in stream. Owners must file statements with State Water Resources Control Board. 3.10 USER IdANUAL: GUIDELINES & STANDARDS FOR LAND USE NEAR STREAMS _s U V../I VCLI IX CJ Fi IN L► aIAIN LFJAEEW~p ®-%JR 6.1-1. 1111111W W.0 h. 1%rmm asai~r~~rcv IV. EROSION PREVENTION AND REPAIR Related Resource Agency Permits In addition to the G&S's below, ary activity that may impact a' watercourse requires at minimum notification to the Regional Water Quality Control Board, California Department of Fish and Game, and in Most ocises, the US Army Corps of Engineers and their Federal consulting agencies, Applicants may choose to complete a JARPA (Joint Aquatic Resource Permit Application)' if permits are required from more than one Resource Agency. N.A. Erosion Repair [V.A. 1. Root cause of erosion Where known, the root cause and extent of any erosion must be identified, described and reported to the appropriate agency or agencies prior to any attempts to repair erosion site. W.A. 2. Remediation of erosion Property owner to remediate source of erosion if onsite. W.A. 3. Evaluation of effects of adjacent properties All repair project proposals should include an evaluation for the potential impacts on both downstream and upstream banks. W.A. 4. Evaluation of impacts on channel dynamics If erosion protection extends into active channel, evaluate post construction erosion potential due to change in stream dynamics caused by design. [V.A. 5. Hydraulic analysis if the repair method reduces stream cross-section or increases stream roughness, a hydraulic analysis is required to demonstrate no increase in flood elevations. W.A. 6. Construction on slopes For construction on slope greater than 5%, require implementation of erosion and sediment control measures. (See the "Erosion and Sediment Control Field Manual" developed by the Water Quality Control Board.) W.S. Project Design/Construction W.B. 1. Use of Soft Erosion Repair Techniques Design of erosion protection must utilize the softest possible method appropriate for the stream characteristics; use of hardscape materials or retaining walls within the banks of the watercourse should be avoided. W.B. 2. Use of Fiardscape/" Retaining Walls If hardscape or a retaining wall is to be used, it must be demonstrated that (1) all softer methods have been evaluated, (2) the proposed method will reduce erosion and -(3) the proposed method will not cause erosion or negatively impact proper stream function in other areas. W.B. 3. Use of Hardscape/ Retaining Walls If used, hardscape elements will require project proponents to mitigate impacts by planting appropriate native riparian vegetation onsite or at another suitable location. Mitigation requirements will need approval by regulatory agencies. USER MANUAL: GUIDELINES & STANDARDS FOR LAND USE NEAR STREAl3,s 3.11 f MS. 4. Design of i-iardscape/ Retaining Walls Design cutoff walls or keys to anticipate scour depth. Must be minimum 3 feet deep. W .B. 5. Design of Channel Repairs Channel repairs should match the contour of the upstream and downstream banks to prevent constrictions and increased potential for erosion. W.B. 6. Design of Channel Repairs Over-steepened banks should be laid back to a more stable configuration whenever possible. IV.S. 7. Treatment of Bare Slopes Bare earthen slopes resulting from work must be treated to minimize erosion and prevent sediment from entering streams and other aquatic habitats. See Design Guide for recommendations for seed mixes to be used with/without native plants. V. GRADING Related Resource Agency,. Permits: In addition to the:G&S's r below, any grading activities proposec below the top of bank and/or in the riparian corridor are subject to review and permit authorizotion-Regional Water nuclifv Control Board, California Deparfrnent of Fish and Game (i.e. Stream bed Alteration agreement), and in most cases, the US Army Corps of Engineers and their Federal consulting agencies. Applicants may choose to complete a JARPA (Join, Aquatic Resource Permit Application) if permits are required from more than one Rcsourcc .41gency. V.A. Drainage Related to Grading Grading must address drainage. Drainage that avoids the need for outfaiis, or reduces the size ana/or number or outfolls is encouraged. V.B. Construction Related to Grading Grading adjacent to streams must be in compliance with NPDES general permit, where applicable, and must at a minimum provide for buffer areas and vegetated swales between the stream and graded areas. In compliance with the statewide General Permit for Construction, grading activities that disturb one acre or more of land require the project proponent to prepare and have on site a Storm Water Pollution Prevention Plan. EXCEPTION: Exceptions are allowed per each municipality's drainage ordinance and NPDES permits. Exceptions from swale and BMP's are allowed if there are other run-off controls in place. V.B.2. Construction Related to Grading Recommend that fill-be placed adjacent to dry side of the levee to minimize the levee height unless it causes drainage problems, disturbs wetlands, creates safety concerns, or impacts aesthetics of property. V.13.3. Construction Related to Grading Modifications to levees are allowed if a slope stability analysis is performed and any structure that provides support to the levee is designed with long-term life span (50-1 DO years). hj Ij i 4 3.12 USER. /,/,ANUAL: GUIDELINES & STANDARDS FOR LAND USE NEAP. STREAMS UUI'UtLINIt b AEst U bIFi.14UAKUD r%JK LA IN LA V.aG cx6meti jEro6,r%m,s EXCEPTION: Exceptions are allowed (although discouraged) to cuts in levees if for a temporary purpose and repair is compieted by the beginning of October and a performance bond is used to assure completion. V.B.4. Construction Related to Grading Grading adjacent to drinking water reservoirs (Calera, Anderson, Lexington, Coyote, Almaden) must be acceptable to the District, which may require water quality monitoring depending on project's potential for adverse impacts. Consider protective measures in source water protection zones and sensitive areas of reservoir watersheds. Erosion. and sediment control measures are required to prevent sediment contribution from the construction area to the reservoir. V1. OUTFAL1.S, PUMP STATIONS AND SITE DRAINAGE Related Resource Agent Permits: In addition to the G&S's below, a discharge :to a wuiercourse,reauiFes notification to Regional Water Quality Control Soard, California Deparirnent of F;sh dnd Game (i.e..Strearnbed Alteration Agreement), and in most cases, the US Army Corps of Engineers and heir Feceral consulting agencies. Applicants may choose to complete a DARPA Joint Aquatic Resource Permit Application) il pe -nits nre required f-orn more than one Resource Agency. VI.A.1 Site Drainage Runoff must not be directed across stream watershed boundaries as a result of design. VI.A.2 Site Drainage Direct site drainage through vegetated areas or stilling basins prior to discharge or collection in storm drain system. VI.A.3 Site Drainage No concentrated overbank drainage is allowed (e.g. roof overhangs or downspouts). If overbank drainage will occur, use vegetative buffer strips or direct drainage to landscaped areas. VI.B.1 Outfalls Prefer that there are no new outfalls, However, if there is no way to avoid new outfalls then the following applies: 1. Minimize the number of outfalls. 2. New channel outfalls must conform to the local municipality's drainage master plan. Slope protection for outfalls must meet SCVWD minimum engineering standards using softer slope protection methods if possible (see Standard Details and Specifications). Outfalls should not overhang the, bank or bed as this can lead to excessive channel erosion. 4. Minimum diameter is 12 inches and discharge must be oriented downstream and pipe invert should be at least 2 feet above the stream bottom in areas where sediment deposition is anticipated. 5. Flap gates will be installed when 100-year water surface is above USER MANUAL: GUIDELINES & STANDARDS FOR LAND USE NEAR STRE j\~,s 3.13 a WJ similar designs to isolate the flap VIL CHANNELIZA'fION gate and keep them out of flow area (see Standard Details and Peiated Resource !agency r__ •L•__i•___~ 0pectficuu~~~~~• , Permits: in addition to the G&S's Outfalls on federal projects below, these activities may require"" " (Coyote Creek downstream of r otification to 'egional Water Montague Expressway, Guadalupe Quolity Control Board, California ' River downstream of Blossom i.e. Deparlment of Fish and Game Hill, Llagas Creek downstream Streombed Alteration Agreement), f of Buena Vista, and Uvas Creek and in most cases, the US Arrn,y downstream of Santa Teresa) Corps of Engineers and their must be submitted to SCVWD to i eaeml consulting agencies. coordinate federal review and Anolicants ruby choose to complete approval. a JARPA (Joint Aquatic Resource Permit Application) if permits are 7. In conjunction with new or required from more then one I redevelopment, abandoned Resource Agency. I outfoll pipes and slope protection must be removed and the stream bank restored to similar condition VII.A. Undergrounding Creeks existing upstream and downstream 1 . Streams must not be buried or put of site. into culverts. 8. Permits are needed from Dept of 2. The exception for culverts only is for Fish and Game, U.S. Army Corps, road crossings though they should and RWQCB. See Standard Details be clear-span whenever possible. and Specifications. If culverts are used they must carry VI.B.2. Outfalls the bankfull flow, accommodate Discharge must not pollute receiving" a modified floodplain drainage water or cause channel erosion. Non and where feasible accommodate storm water discharges not already a 100-year flow rate. This is subject to existing NPDES requirement accomplished. with multi-stage will be subject to approval and permit culverts with cross-sections j from RWQCB. designed to carry different flows. VI.C1. Storm Drainage Pump Stations Limit pump discharges to the extent feasible during peak flows to minimize potential impacts from flooding. When a development requires a storm drain pump station that discharges to a stream, require discharge management plan that addresses pump operation during high water (flood) events. 3. Regional debris or sediment basins that will be owned or maintained by SCVWD must be designed for 50-year sediment capacity. 4. Filling creeks to accommodate grading and construction for developments is not permissible until impact avoidance and minimization efforts are maximized. In the event that impacts are ii determined to be unavoidable, adequate mitigation must be proposed. 3.14 USEP, MANUAL: GUIDELINES & STANDARDS FOR LAND USE NEAR STREAMS I i ~ ,,I GUIDELINES AND STANDARDS FUR LAND Ubt: NhAK bIKCAM3 CEQA document must be prepared to provide mitigation for impacts of burying stream and v NNivpriwc rcgu~u wiy 'uyci ~Cji permits, such as a Streambed Alteration Agreement (SAA) must be obtained. The city/county storm drain system, whether in pipes or roadside ditches, is not included in this standard. VII.B. Open Channel !Modification 1. The design must consider stream dynamics and induced flooding. A hydraulic analysis acceptable to SCVWD will be required. 2. Recommend restoration of natural stream processes if possible. 3. Impacts to habitat must be avoided or mitigated. 4. Stream conveyance area must be designed for 100-year design flow with freeboard, if along a SCVWD jurisdictional area. 5. SCVWD may request dedication of right-of-way for stream modification projects, including an 18-22 foot wide maintenance area. 6. Notify and secure appropriate state and regulatory permits, such as a SAA. EXCEPTION: If active channel and j floodplain will not contain the design 100-year flow, then the design can be based on existing capacitywith the allowance for providing additional active floodplain width in the future to contain the design 100-year.flow, Streams to be dedicated to SCVWD must include an 18-22 foot wide maintenance area. In addition flood capacity less than the 100-year flow i` is acceptable if the community in the flood zone is willing to accept less protection and ongoing flood insurance requirements. VIII. UTILITY ENCROACHMENTS :elated Resource Agency Permits. In addition to the G&S's below, utility encroachments may require notification io Regional Water Quality Control Board, California Department of Fish and Game (i.e. Streambed Alterction Agreement), and in most cases,, the US Army Corps of Enginee7- nna thelrFecerai consulting aaencies. Applicants may choose to complete a JARPA !Joint Aquatic Resource Perniii Apphcaiion' it permits are required from more than one Resource Agency. VIIII.A. Longitudinal (parallel) encroachments. Longitudinal (parallel) encroachments are not allowed in SCVWD right-of-way. EXCEPTION: Longitudinal encroachments are discouraged and may only be considered with demonstration that all other Alterations have been considered, there is a benefit to SCVWD and future removal will not be necessary considering SCVWD interests. No water pipelines may be installed within a levee. Vili.B. Utilities Crossings 1. Utility pipes or conduits must go under the stream or be in or attached to the downstream face of a bridge and must go under any levees. Provide locations for future utility crossings in design of new or replacement bridges. 2. Any utilities under the stream must be I; concrete encased or placed in sleeve. li 3. Borings must be 5 feet below lined channels and 8 feet below unlined channels. Recommend under-channel utilities be installed by directional bore. USER W,NUAL: GUIDELINES & STANDF.RDS FOR LAND USE NEAR STREA/,/,S 3.15 4. For cut and cover, clearance IX. TRAIL CONSTRUCTION must be a minimum of three (3) feet and based on scour depth. Reiated Resource Agency Replacement of fill in levees is Perrnits. In addilion to the G&S's subject to SCVWD specifications. below, trail construction may 5. Any aerial utility crossings (e.g. require norificction to Regional PG&E and phone lines) meet lharer Quality Control Board, I , minimum OSHA vertical clearance California Department of Fish and criteria. (22 feet for non-power ame (i e. 5treambed Alteration G lines, 26 feet for power lines less Agreement), and in most cases, than 600 volts, 30 feet for power f,~e US Army Corps of Engineers i' lines from 600 to 50,000 volts) and their Federal consulting to allow safe use of maintenance agencies. Applicants may choose equipment. to complete e 1ARPA (Joint Aquatic Resource Permit Application) if 6. Crossings of treated (potable permits are required from more and recycled) water pipelines than one Resource Agency. must meet Department of Health Services clearance requirements. (see Standard Details and IX.A. Design/Construction Specifications for standards for Related to Trail Construction crossings of SCVWD pipelines and Joint Use Pedestrian/Bicycle Paths are City/ County requirements for encouraged along creeks. Trails must other pipeline clearances) be located so as to avoid impacts to 7. Directional drilling projects using the stream and riparian areas. Paved bentonite or other lubricants multi use trails should be placed so as to go beneath or near streams to maximize distance from stream and and aquatic habitats will require riparian areas. Construction must not development of a fracout require deep excavation within tree prevention and response plan root zones. describing how water quality will be protected in the event of EXCEPTION: Exceptions may be fracout allowed if impacts are addressed and determined to be unavoidable in a EXCEPTIONS: CEQA document and approved by if not feasible to go under or attach appropriate regulatory agencies. to the downstream face of bridge, the utility crossing may be located on the upstream face of bridge if the design would not catch debris, would be capable of surviving impacts from floating debris in high flow, and would not hinder emergency debris removal or maintenance operations. 3.16 USER MANUAL: GUIDELINES & STANDARDS FOP. LAID USE NEAR STREAMS GUIDELINES AND STANDARDS FOR LAND Ubl: Nt:kf blKt IVIa IX.A2. Design/Construction Related to Trail Construction Design must be consistent with the Santa Clara County Parks and Recreation Department's Interjurisdictional Trail Guidelines. Night lighting of trails along riparian corridors should be avoided. EXCEPTION: Exceptions may be allowed if impacts are addressed and mitigated in a CEQA document and approved by appropriate regulatory agencies. IX.A3. Design/Construction Related to Trail Construction Memorial plaques along trail corridors on SCVWD right of way are subject to jurisdiction review and approval. With appropriate planning and community contribution, a memorial area recognizing community members will be considered. IX.B. Trails on District right of way require an agreement that defines maintenance, management, and liability responsibilities of facilities.. X. SEPTIC SYSTEMS X.A. Design Of Septic Systems Follow requirements of RWQCB or Santa Clara County as applicable including: Leach field setback 100' from top of bank, 50' from swale, 200' from high water mark of reservoir, prohibited in 10 year floodplain or areas observed to flood from field observations. Consult with SCVWD to determine whether land feature is an active floodplain or Swale and assist in determining high water marks at reservoirs. i EXCEPTION: Exceptions or variances are allowed per RWQCB or Santa Clara County requirements. Please note that since 10-year floodplain maps do not exist, any area of historical flooding should be assumed to be in the 10- year floodplain. i X6. T RASi1 C0INT RvL AND REMOVAA 1. XI.A. Location of Trash Bins Locate trash bins away from streams and follow other measures outlined in NPDES guidance. X:61. PROTECTION OF WATER QUALITY XII.A. Water Quality 1. Cities, County, and SCVWD should comply with applicable provisions of NPDES stormwater permits. Implement Infiltration Guidelines in the SCVRPPP C.3 handbook, where appropriate. 2. Retention ponds and infiltration trenches that do not meet guidelines will be reviewed by SCVWD and the Regional Water Quality Control Board. X111. GROUNDWATER PROTECTION XIII.A. Groundwater Require groundwater resource i" assessments when potential for significant groundwater supply or groundwater quality impacts. The changes in land use where these impacts may be significant are anticipated to be subject to CEQA USER MANUAL; GUIDELINES & STANDARDS FOR LAID USE NEAR STREAIJ,S 3.17 XIII.A2 Groundwater To protect Santa Clara County groundwater recharge areas, new high risk activities defined by Depariment of Health Services (DHS) should be prohibited in wellhead protection areas as designated on District GIS Maps. Manage (limit, monitor and implement best management practices) existing high risk activities in recharge areas of basin. XIII.A3. Groundwater The owners must show any existing wells on the plans. The wells must be properly registered with the SCVWD and either be maintained or destroyed in accordance with SCVWD standards. XIV. FLOOD PIZZOTECTION XIV.A. Flooding Protection 1. For development within special flood hazard zones A, AE, AH, AO, the project must comply with FEMA requirements as implemented by the City. or County. 2. Consider when and how to recommend increased levels of protection as described in Dept of Water Resources Model Floodplain Ordinance, recommendations of California Floodplain Management Task Force (Dec 2002), and FEMNs Community Rating System Program. EXCEPTION: Exceptions or variances allowed per City or County Ordinances, Policies, or other implementation documents. XIV.A2. Flooding Protection In zone A (areas where base flood elevations have not been detern-nned) require a hydraulic analysis to determine the base flood elevation for subdivisions greater than 5 acres or 50 lots whichever is lesser. For other construction and substantial improvements, utilize any other available base flood elevation data as criteria for meeting NFIP requirements. XIV.A3. Flooding Protection If a proposed project will result in a significant increase in land use density' (i.e. an agricultural area changes to residential or industrial), the local jurisdiction should work cooperatively with SCVWD to determine (1) what information is needed on a project specific basis to evaluate potential increases in flood flows and (2) what mitigation measures can be implemented to mitigate for impacts to flood conveyance capacity and/or flood protection. Detention basins may be used to mitigate the impact, but they must be properly designed and maintained. Design should be in concert with hydromodification facilities and consider regional solutions. 3.18 USER MANUAL: GUIDELINES & STANDARDS FOR LAND USE NEAR STREAMS GUIDELINES AND STANDARDS FOR LANL) Ubt: MtAK .11 KC IVia XIV.A4. Flood Protection For major developments near i_____ L'_,a t_!`Cl1 A aL ~i s sear is suulec to IUYic n~u~ are compatible with the General Plan utilized for developing District hydrology and FEMA floodmaps, development must not, increase site runoff so as to increase depth (0.1 foot increase in water surface) or lateral extent of flooding or increase discharge in local streams as outlined in the storm water permit for the SLV URPPP. A hydraulic analysis prepared by registered civil engineer demonstrating that any flood impacts will not be created is required. The District's hydrology and design flood flow rates were developed in the late 1970's using the land use designations shown on General Plans in place at that time. These flow rates have recently been updated, but -the impact has not yet been analyzed. In general, the changes in land use that could significantly impact runoff quantities are typically those outside the urban service area, in south county and those developments where the change in land use will be subject to CEQA review. The impacts to be addressed are to flood conveyance facilities designed using 1978 (or prior) flow rates and built to provide 100 year flood protection and impacts to flood prone areas which were also determined using the 1978 flow rates. USER WNUAL: GUIDELINES & STANDARDS FOR LAND USE NEAR STRE i,/,s 3.19 ' ~ rs ORDINANCE NO. 06-01 AN ORDINANCE OF THE SANTA CLARA VALLEY WATER DISTRICT CONCERNING PROTECTION OF WATER RESOURCES WHEREAS, the Santa Clara Valley Water District, together with representatives of the County of Santa Clara, the cities and towns within the County (Municipal Organizations), the Guadalupe-Coyote Resource Conservation District, the San Francisco Bay Regional Water Quality Control Board and representatives of community interests including business, environmental, agricultural, development, and property owners, formed the Santa Clara Valley Water Resources Protection Collaborative (Collaborative); and, WHEREAS, the Collaborative members share the water and watershed resources protection goals of flood management, drinking water quality and adequate quantity, surface and groundwater quality and quantity, and habitat protection enhancement; and, WHEREAS, the Collaborative developed a set of model guidelines and standards for land use near streams (Guidelines and Standards) to apply to activities on properties near streams in order to protect streams and streamside resources; and, WHEREAS, each Municipal Organization agreed to take forward to their governing body the Guidelines and Standards in the manner appropriate for each jurisdiction by February 28, 2007; and, WHEREAS, the District intends to implement the Guidelines and Standards by adopting the District's Water Resources Protection Manual; and, WHEREAS, in order to accomplish its goals, the Collaborative recognized the importance of delineation of permit responsibility for administering the implementation of the Guidelines and Standards; and, WHEREAS, the District recognizes that the most effective way to regulate land uses near streams on non-District properties is to incorporate the review and permitting into existing development review conducted by the Municipal Organizations; and, WHEREAS, as of February 28, 2007, the District will require Permits only for modifications, entry, use, or access of District Facilities and/or District Easements; and, NOW THEREFORE, THE BOARD OF DIRECTORS OF THE SANTA CLARA VALLEY WATER DISTRICT DOES ORDAIN AS FOLLOWS: October 24, 2006 Page 1 of 17 ATTACHMENT 6 ARTICLE 1.0 GEI 1.1 1.2 1.3 1.4 1.5 1.6 1.7 VERAL PROVISIONS Reference Purpose and Intent of Ordinance Interpretations Definitions Severability Notice Permits Issued Before Effective Date ARTICLE 2.0 PROTECTION OF WATER RESOURCES 2.1 Purpose of Article 2.2 Encroachment Permit Requirements 2.2.1 Encroachment Permit Required 2.2.2 Exception 2.3 Encroachment Permit Procedures 2.3.1 Application and Fees 2.3.2 Environmental Assessment 2.3.3 Action on Applications 2.4 Time Limit for Commencing Use of Encroachment Permit 2.5 Permit Revocation, Modification, and Suspension 2.5.1 Cause for Permit Revocation, Modification, and Suspension 2.5.2 Notice of Decision to Revoke, Modify, and Suspend a Permit 2.6 Appeals 2.6.1 Right to Appeal; Timing 2.6.2 Hearing and Decision ARTICLE 3.0 ENFORCEMENT 3.1 Purpose 3.2 Violation of Ordinance 3.3 Criminal and Civil Penalties 3.4 Administrative Remedies 3.4.1 Compliance Order 3.4.2 Method of Service 3A.3 Hearing 3.4.4 Notice of Hearing 3.4.5 Hearing - Findings and Order 3.4.6 Administrative Penalties 3.4.7 Administrative Costs 3.4.8 Lien 3.5 Abatement 3.5.1 Notice of Intent to Abate 3.5.2 Findings; Abatement Order 3.5.3 Time for Abatement; Lien ARTICLE 4.0 DISTRICT WATER RESOURCES PROTECTION MANUAL 4.1 Purpose 42 Adoption of District Water Resources Protection Manual 4.3 Procedure to Adopt and Amend District Water Resources Protection Manual 4.3.1 Notice of Public Hearing October 24, 2006 Page 2 of 17 Y Er, 4.3.2 Adoption or Amendment to District Water Resources Protection Manual ARTICLE 5.0 EFFECTIVE DATE, REPEAL OF ORDINANCE 83-2 5.1 Effective Date 5.2 Repeal of Ordinance 83-2 October 24, 2006 Page 3 of 17 ARTICLE 1.0 GENERAL PROVISIONS SECTION 1.1 REFERENCE This Ordinance should be known and cited as the Water Resources Protection Ordinance of the Santa Clara Valley Water District. SECTION 1.2 PURPOSE AND INTENT OF ORDINANCE The intent of this Ordinance is to secure the health, safety, and welfare of the people of the District and to accomplish District purposes described in the District Act, including providing a reliable supply of healthy and clean Water; reducing the potential for flood damages; protecting and when appropriate enhancing and restoring natural resources of streams and watersheds; prohibiting injury to District property and projects; and providing additional open spaces, trails, and parks along creeks and in the watersheds when reasonable and appropriate. SECTION 1.3 INTERPRETATIONS The Chief Executive Officer (CEO) or designee is entitled to decide any question involving the interpretation or application of any provision of this Ordinance and/or the District Water Resources Protection Manual, except as may otherwise be provided herein. Any interpretation and application of the provisions of the Ordinance and/or the District Water Resources Protection Manual must be consistent with the purpose set forth in Section 1.2 and will be in writing. Any external party requesting an interpretation under this Section must make the request in writing to the CEO. SECTION 1.4 DEFINITIONS This section defines terms that have meanings specific to the interpretation of this Ordinance. Board: The Board of Directors of the Santa Clara Valley Water District. CEO: Chief Executive Officer of the Santa Clara Valley Water District or his/her designee. Clerk of the Board: The Clerk of the Board of Directors of the Santa Clara Valley Water District or his/her designee. Development: The placement or erection of any solid material or structure; grading, removing, dredging, mining, or extraction of any materials; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or installation of vegetation. District: Santa Clara Valley Water District. October 24, 2006 Page 4 of 17 District Act: State law creating the District and enabling its powers and operation (Calif. Water Code Appendix, Ch. 60) District Easements: Lands not owned by the District in fee title, over which the District has been granted an easement for purposes specified in the easement document. District Facility: Lands, structures, or improvements and appurtenances owned, controlled, operated or maintained by the District for water conservation, water supply, flood protection, storm water management and treatment, environmental protection, environmental enhancement, environmental mitigation or other lawful District purpose. Examples of District facilities are groundwater recharge (percolation) ponds, reservoirs, sediment control basins, pipelines, treatment plants, pumping stations, and injection wells. Lands owned by the District in fee are considered District Facilities. Encroachment Permit: Written permission granted by the District pursuant to this Ordinance allowing a Permittee to enter, use, temporarily access, or undertake any modification on District facilities. Modification: Any alteration to District facilities, including but not limited to the activities defined under development. Municipal Organization: The County of Santa Clara or a city or town within Santa Clara County. Permit Authority. District employee designated by the CEO to make decisions regarding the issuance of encroachment permits. Permittee: A Person or entity to whom an Encroachment Permit under this Ordinance has been issued. Person: Any individual, firm, corporation, club, or governmental agency, and all associations or combinations of persons whenever acting for themselves or by any agent or employee. Stream: A body of water that flows at least periodically or intermittently through a bed or channel having banks. The body of water may include a surface or subsurface flow that supports or has supported riparian vegetation, fish and/or aquatic life. District Water Resources Protection Manual: A set of requirements and supporting design guidelines including minimum standards to protect water, watershed resources, and District facilities, modified and adopted according to Article 4 of this Ordinance. Structure: Anything made or constructed and having its foundation or support upon or within the ground. October 24, 2006 Page 5 of 17 SECTION 1.5 SEVERABILITY If any section or provision of this Ordinance is found to be unconstitutional or invalid, that finding will not affect the validity of the Ordinance as a whole nor any part thereof, other than the part found to be unconstitutional or invalid. SECTION 1.6 NOTICE Whenever a notice is required to be given under this Ordinance, unless different provisions herein are otherwise specifically made, such notice maybe given either by personal delivery thereof to the Person to be notified or by deposit in the United States Mail, in a sealed envelope postage prepaid, addressed to such Person to be notified at his last-known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail will be deemed to have been completed at the time of deposit in the post office. SECTION 1.7 PERMITS ISSUED BEFORE EFFECTIVE DATE 1.7.1 Permits Involving District Facilities or Easements Any permit for work on and/or use of District Facilities or Easements issued by the District prior to the effective date of this Ordinance, under District Ordinance 83-2 or a predecessor ordinance, is subject to the provisions of Sections 2.5 and 2.6 and Article 3 of this Ordinance. 1.7.2 Other permits As to any permit issued by the District prior to the effective date of this Ordinance under District Ordinance 82-2 or a predecessor ordinance, other than those described in Section 1.7.1, the District will inspect work not yet complete on the effective date to ensure compliance with permit conditions. October 24, 2006 Page 6 of 17 ARTICLE 2.0 PROTEc"nON OF WATER RESOURCES SECTION 2.1 PURPOSE OF ARTICLE This Article establishes the requirement to obtain an Encroachment Permit for Modifications on District Facilities and/or District Easements. It also establishes a procedure for the administration and issuance of such Encroachment Permits. SECTION 2.2 ENCROACHMENT PERMIT REQUIREMENTS 2.2.1 Encroachment Permit Required No Person will do or cause to be done any Modification on or within a District Facility or District Easement, or use any such Facility or District Easement, unless an Encroachment Permit for the Modification and/or use has been issued and is in effect. An Encroachment Permit is not transferable unless its conditions provide otherwise. 2.2.2 Exceptions A. An Encroachment Permit is not required for access onto District Facilities or District Easements that have been opened to and developed for public recreational purposes, or when the Permit Authority determines that the access and requirements applicable thereto have already been established by contract or by operation of law. B. Where the District holds a nonexclusive easement, the owner of the underlying fee is not required to obtain an Encroachment Permit for activities not in conflict with the District easement unless the easement requires District approval for the activity or work. SECTION 2.3 ENCROACHMENT PERMIT PROCEDURES This Section establishes the process for obtaining an Encroachment Permit from the District. 2.3.1 Application and Fees A. Requests for an Encroachment Permit must be filed with the Permit Authority on the application form established and maintained by that Permit Authority. All applications must be accompanied by a filing fee in an amount established by the Board. B. An application for an Encroachment Permit must be signed by a duly authorized agent of the party proposing the Modification and/or use for which the Encroachment Permit is required. October 24, 2006 Page 7 of 17 2.3.2 Environmental Assessment Issuance of an Encroachment Permit is subject to the requirements of the California Environmental Quality Act (CEQA). A. For any Encroachment Permit associated with a project that will be approved or carried out by a Municipal Organization or other public entity as lead agency, the lead agency's environmental assessment for the project must include those activities covered by the Encroachment Permit. It is the responsibility of the applicant to assure that this environmental assessment is completed and provided to the District. B. For any Encroachment Permit which is not associated with a project for which a Municipal Organization or other public entity is the lead agency, the District will be the lead agency. C. All applications for an environmental assessment must be accompanied by a filing fee as established by the Board. D. The environmental assessment may be undertaken by or under contract to the District and be at the applicant's expense. Once a project has been found to require an environmental assessment, no decision on an Encroachment Permit request will be made until the assessment has been certified as complete as required by state law. The Permit Authority will take all actions required by CEQA on behalf of the District, unless otherwise provided by law. 2.3.3 Action on Applications The Permit Authority will take all actions on the application except as provided in Section 2.6. A. Findings for Encroachment Permits. An Encroachment Permit may be issued if the District finds, based on substantial evidence, that the proposed Modification: Will not impede, restrict, retard, pollute, change the direction of the flow of water, catch or collect debris carried by such water; 2. Is located where natural flow of the storm and flood waters will not damage or carry any Structure or any part thereof downstream; 3. Will not damage, weaken, erode, cause siltation or reduce the effectiveness of the banks to withhold storm and flood waters; 4. Will be constructed to resist erosion and siltation and entry of pollutants and contaminants; October 24, 2006 Page 8 of 17 5. Will not interfere with maintenance responsibilities or Structures placed or erected for flood protection, water conservation or distribution; 6. Conforms to the requirements of the District Water Resources Protection Manual; and 7. Meets the purpose and intent of the District Act. 8. issuance of the Encroachment Permit is in the public interest; and 9. Issuance of the Encroachment Permit will not result in conflict with or detriment to existing or planned District Facilities. B. Conditions of Approval. An Encroachment Permit will be issued subject to conditions when the conditions are required in order for the District to make the required findings for issuance. These conditions will be commensurate with the nature and magnitude of the request and may include a time limit on the life of the Encroachment Permit. C. Notice of Action. Upon the approval, conditional approval or denial of an application, the District will prepare and deliver to the applicant a written notice of the action which will be served as provided in Section 1.6 of this Ordinance. If the application is approved, the notice will include any conditions applicable to the Encroachment Permit and a requirement that the applicant must provide a written acceptance of the Encroachment Permit and its conditions. The notice will also include a description of the appeal process described in Section 2.6. D. Preemption Provision. If an Encroachment Permit would conflict with or be preempted by state law, state law will govern but only with respect to the specific issues of conflict. E. Applicant Acceptance of Conditions. Within 30 days from the date the Notice of Action is issued, an applicant or authorized representative as described in Section 2.3.1 must provide the District in writing an acceptance of the conditions of the Encroachment Permit. The date the District receives the written acceptance is the effective date of the Encroachment Permit. October 24, 2006 Page 9 of 17 SECTION 2.4 TIME LIMIT FOR COMMENCING USE OF ENCROACHMENT PERMIT Unless specific language in an Encroachment Permit otherwise provides, the Encroachment Permit expires 730 calendar days after its effective date if the permitted Modification or use has not commenced by that time. The Permit Authority may extend this time period once upon written request of the Permittee demonstrating good cause therefor. SECTION 2.5 PERMIT REVOCATION, MODIFICATION, AND SUSPENSION 2.5.1 Cause for Permit Revocation, Modification, and Suspension A Permit may be revoked, modified, or suspended by the District if one or more of the following is found to have occurred: A. The Permit was issued in conflict with the provisions of any District regulation or federal and/or state law or as a result of incorrect information or the fraud or willful misrepresentation by the applicant or applicant's agent. B. The actions undertaken pursuant to the Permit have created a discharge or threatened discharge which presents a hazard or threat of hazard to the public health or safety or the natural environment which was not anticipated or known at the time the Permit was issued. C. The structures or improvements covered by the Permit create a dangerous condition to life or property. D. The Modification is not being carried out in accordance with the approved plans and/or in accordance with the specific terms of the permit. E. It is necessary to remove or relocate the permitted use or improvements in order to accommodate District uses or future improvements. 2.5.2 Notice of Decision to Revoke, Modify, and Suspend a Permit A. The Permit Authority will notify the permittee in writing of the Permit Authority's decision to revoke, modify or suspend a permit. The notice will be served as provided in Section 1.6. B. The notice of decision will state the grounds for revocation, modification or suspension of the permit and will notify the permittee of the appeal process described in Section 2.6. October 24, 2006 Page 10 of 17 SECTION 2.6 APPEALS 2.6.1 Right to Appeal; Timing An applicant or Perrnittee may appeal a decision made by the Permit Authority under Sections 2.3.3 and 2.5.2 of this Article. An appeal must be in writing and filed with the Clerk of the Board no later than ten (10) days following issuance of the decision from which the appeal is taken. 2.6.2 Hearing and Decision Upon filing of a timely appeal, the CEO will, within ten (10) calendar days from the receipt of the request, set a time and place for the hearing. The hearing will be conducted by the CEO and will be scheduled within 45 days of receipt of the hearing request. Upon conclusion of the hearing, the CEO will issue a written decision on the appeal. The CEO's decision is final. October 24, 2006 Page 11 of 17 ARTICLE 3.0 ENFORCEMENT SECTION 3.1 PURPOSE This Article defines the situations considered to be violations of this Ordinance and describes the District's process for addressing such violations. SECTION 3.2 VIOLATION OF ORDINANCE The following are unlawful and constitute violations of this Ordinance: A. Failure to comply with Sections 2.2.1 hereof. B. Failure of a Permittee to comply with any condition of an Encroachment Permit. SECTION 3.3 CRIMINAL AND CIVIL PENALTIES Any violation of this Ordinance as described in Section 3.2 is punishable as a misdemeanor. The prosecutor may in his or her discretion specify that the offense is an infraction. Each day of a continuing violation constitutes a separate and distinct violation. Any such violation or threatened violation may also be enjoined by civil action. SECTION 3.4 ADMINISTRATIVE REMEDIES In addition to any other remedy, the District may pursue administrative remedies in accordance with this Section. Use of this Section is at the sole discretion of the District. 3.4.1 Compliance Order Whenever the Permit Authority determines that a violation of any provision of this Ordinance is occurring or exists, the Permit Authority may issue a written compliance order to any Person responsible for the violation. The order must contain the following information: the date and location of the violation; the section of this Ordinance violated and a description of the violation; the actions required to correct the violation; the time period after which administrative penalties will begin to accrue if compliance with the order has not been achieved; and either a copy of this Section or an explanation of the consequences of noncompliance with this Section and a description of the hearing procedure and appeal process. October 24, 2006 Page 12 of 17 I 3.4.2 Method of Service The compliance order will be served as provided in Section 1.6. Where real property is involved, written notice will be mailed to the property owner at the address shown on the last equalized county assessment roll. 3.4.3. Hearing If the Permit Authority determines that all violations have been corrected within the time specified in the compliance order, no further action will be taken under this Section 3.4. If full compliance is not achieved within the time specified, a hearing will be scheduled before the CEO. 3.4.4. Notice of Hearing Notice of hearing on the compliance order will be given as provided in Section 1.6. The hearing will be set for a date not less than 15 days nor more than sixty days from the date of the notice hearing unless the Permit Authority determines the matter is urgent or that good cause exists for an extension of time. The hearing is intended to provide the full opportunity for any Person subject to a compliance order to object to the determination that a violation has occurred and/or that the violation has continued to exist. The failure of any Person subject to a compliance order to appear at the hearing will constitute a failure to exhaust administrative remedies. 3.4.5. Hearing - Findings and Order A. At the hearing, the CEO will consider any written or oral evidence consistent with rules that may be established from time to time for the conduct of such hearings. Within a reasonable time following the conclusion of the.hearing, the CEO will make findings and issue a determination regarding the existence of the violation and the failure of the violator or owner to take corrective action within the required time period. The determination will include written findings and be supported by evidence received at the hearing. B. If the CEO determines that a violation occurred which was not corrected within the time period specified in the compliance order, the CEO will issue an administrative order that imposes any or all of the following: 1. An order to correct, including a schedule for correction. 2. Administrative penalties as provided in Section 3.4.6. 3. Administrative costs as provided in Section 3.4.7. 3.4.6 Administrative Penalties The CEO may impose administrative penalties for the violation of any provision of this Ordinance in an amount not to exceed a maximum of $1000 per day for each ongoing violation, except that the total administrative penalty will not exceed $100,000 for any related series of violations. In determining the amount October 24, 2006 Page 13 of 17 V of the administrative penalty, the CEO may consider any or all of the following factors: duration and seriousness of the violation; number of violations by the same violator; good faith efforts to come into compliance; economic impact of the penalty on the violator, and impact of the violation on the community and environment. The CEO may suspend the imposition of applicable penalties for any period of time during which the violator has applied for necessary permits and the Encroachment Permit applications are actively pending. If the violation is not corrected as specified in the administrative order, the administrative penalties will continue to accrue as specified in the order subject to the maximum amount described in this Section. 3.4.7 Administrative Costs The CEO may assess administrative costs against the violator upon a finding that a violation has occurred and compliance has not been achieved within the time specified in the compliance order. The administrative costs may include any and all costs incurred by the District in connection with the matter which is the subject of proceedings under Section 3.4, including but not limited to costs of investigation, preparation for the hearing, and conduct of the hearing. 3.4.8 Lien Failure to pay the assessed administrative penalties and administrative costs specified in the administrative order of the CEO may be enforced as a personal obligation of the violator and/or if the violation is in connection with real property, a lien upon the property. The lien will have no force and effect until recorded with the County Recorder. Recordation will not occur until 90 days after the administrative order, to provide an opportunity for payment and/or judicial review of the decision. Once recorded, the lien will remain in effect until all of the administrative penalties are paid in full. 3.5. ABATEMENT In addition to any other remedy, the District may pursue abatement under this Section 3.5 when any violation of this Ordinance constitutes a serious threat to the public health, safety, or welfare. 3.5.1 Notice of Intent to Abate The District may include in any compliance order and notice issued under Section 3.4 notice of the District's intent to abate the violation if not corrected within the time specified in the compliance order. 3.5.2 Findings; Abatement Order If following the hearing held under Section 3.4 the CEO finds, in addition to the findings described in Section 3.4.513, that the continuing violation constitutes a serious threat to the public health, safety, or welfare, then the CEO may include in the administrative order notification that unless the violation is corrected within October 24, 2006 Page 14 of 17 the time specified in that order, the District will abate the violation and that the abatement costs will be charged against the property owner. In addition to the notice as provided in Section 1.6, this order will be posted in a conspicuous place on the subject property. 3.5.3 Time for Abatement; Lien Abatement will not occur until at least 90 days after issuance of the abatement order to provide time for compliance and/or judicial review of the abatement order. Costs incurred by the District for the abatement action may be enforced as a personal obligation of the property owner and as a lien against the property, as provided in Section 3.4.8. October 24, 2006 Page 15 of 17 ARTICLE 4.0 DISTRICT WATER RESOURCES PROTECTION MANUAL SECTION 4.1 PURPOSE The purpose of this Article is to set forth the process used by the District to adopt or amend the District Water Resources Protection Manual and to describe its uses. SECTION 4.2 ADOPTION OF DISTRICT WATER RESOURCES PROTECTION MANUAL The Board will adopt, and may from time to time amend, a District Water Resources Protection Manual to be used as a basis for evaluation of applications for Encroachment Permits, for establishment of Encroachment Permit conditions in order to make the required findings for issuance of such Encroachment Permits. The District Water Resources Protection Manual may incorporate by reference documents promulgated by the CEO. SECTION 4.3 PROCEDURE TO ADOPT AND AMEND DISTRICT WATER RESOURCES PROTECTION MANUAL The Board will schedule and hold a public hearing to consider adoption of District Water Resources Protection Manual and any subsequent amendments. 4.3.1 Notice of Public Hearing A notice of the hearing will be provided at least ten (10) days prior to the scheduled hearing. The notice will include the date, time,and place of the hearing, and a general explanation of proposed content of the District Water Resources Protection Manual or any amendments thereto. Notice will be given by first class mail to Municipal Organizations within the county and to any parties who have requested such notice, by posting the notice at the District headquarters, and by publication once in a newspaper of general circulation. The District may, in its discretion, provide additional notice beyond that specified in this section. Failure to comply with the notice requirements in this section, in whole or in part, will not invalidate any action taken on the matter. 4.3.2 Adoption or Amendment to District Water Resources Protection Manual Upon the conclusion of the public hearing, the Board may adopt or amend the District Water Resources Protection Manual. Any such action will be taken by resolution. October 24, 2006 Page 16 of 17 ARTICLE 5.0 EFFECTIVE DATE, REPEAL OF ORDINANCE 83-2 SECTION 5.1 EFFECTIVE DATE This Ordinance is effective on February 28, 2007. SECTION 5.2 REPEAL OF ORDINANCE 83-2 On the effective date of this Ordinance, Ordinance 83-2 is repealed. Permits given and rights acquired under Ordinance 83-2 or its predecessors will remain effective, subject to the terms of this Ordinance. PASSED AND ADOPTED BY THE BOARD OF DIRECTORS OF THE SANTA CLARA VALLEY WATER DISTRICT ON OCTOBER 24, 2006, by the following vote: AYES: Directors R. Kamei, T. Estremera, S. Sanchez, R. Santos, G. Zlotnick, L. Wilson NOES: None ABSENT: None ABSTAIN: None SANTA CLARA VALLEY WATER DISTRICT RY W O 14 Chair! and of Directors ATT T: ur n Keller Clerk of the Board AP VED AS TO FORM AND LEGALITY (r), I ~ a, D a L. Cauble District Counsel October 24, 2006 Page 17 of 17 MEETING DATE: 8115/05 ITEM NO. COUNCIL AGENDA REPORT (os G AT~S DATE: AUGUST 5, 2005 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: WATER RESOURCES PROTECTION COLLABORATIVE ADOPT RESOLUTION IN SUPPORT OF THE GUIDELINES AND STANDARDS AND THE 2005-06 IMPLEMENTATION PROGRAM OF THE WATER RESOURCES PROTECTION COLLABORATIVE FOR THE PLANNING AND PERMIT REGULATION FOR THE PROTECTION OF WATER RESOURCES WITHIN THE SANTA CLARA VALLEY WATER DISTRICT RECOMMENDATION: Adopt the attached resolution (Attachment 1) in support of the Guidelines and Standards and the 2005-06 implementation program of the Water Resources Protection Collaborative for the planning and permit regulation for the protection of water resources within the Santa Clara Valley Water District (SCVWD). BACKGROUND: The SCVWD, along with city and county staff representatives, the San Francisco Bay Regional Water Quality Control Board, and other business and property interests have formed and are members of the Water Resources Protection Collaborative (Collaborative). The Collaborative was formed in 2003 with its purpose being to develop land use and permit guidelines that met water resource protection needs and met the desire of the local agencies to manage their land use and permit programs. The question at the time was whether this arena of activity should be controlled by the SCVWD or the jurisdiction where a water course is located. Staff has actively participated in the Collaborative and on its Steering Committee in support of a Resolution of Consensus (ROC) to jointly develop and implement water and watershed resource PREPARED BY: JOHN E. CURTIS Director of Parks and Public Works Reviewed by: Assistant Town Manager Attorney Cleric Administrator Finance Community Development Revised: 12/19/06 11:50 am RC F0 rmatlcd: 5/30/02 C:\DocLmMents and Settings\cbanks\Local Settings\Tcmp\XPgrpwise\scvwd.resoliltion.water resourccs collaborativc.81505.wpd ATTACHMENT 7 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: WATER RESOURCES PROTECTION COLLABORATIVE AUGUST 5, 2005 protection measures, guidelines, and standards in Santa Clara County. A staff member from each jurisdiction and interest group has initialed the ROC and supports its findings. The ROC is attached to this report as (Attachment 2). To date the Collaborative has generated several products of specific work teams. Chief among the products are the proposed Guidelines and Standards for land use near streams and a plan for outreach so that communities will know and understand these guidelines. Another important outcome of the Collaborative's work is the Early Consultation program, in which cities may involve the SCVWD personnel early in the development process in order to avoid a potential confrontation at a later point in the review process. A work plan has been prepared for implementation during the next 18 months, to February 2007. Embodied in the Resolution of Consensus is a choice of Permitting Options each jurisdiction may select. These options are summarized as follows: Option 1: SCVWD retains permit authority. SCVWD will carry the provisions of the new ordinance that will replace Ordinance 83-2 and Town projects near streams would be referred to SCVWD. Option 2: The Town would adopt the Guidelines and Standards and the Implementing Tools and would issue permits for streams 1de improvements. SCVWD would continue as the permit authority on channels that are land or easements which they own. Option 3: The Town and the SCVWD customize a permitting agreement. An option need not be selected at this time and the Town may change its preference at some later point if it so chooses. Any of these options will likely increase the time for the development process for projects near streams. CONCLUSION: The Guidelines and Standards and the implementation program of the water resources protection collaborative Water Resources Protection Collaborative is in the best interest of the Town of Los Gatos, and staff recommends that Council adopt the attached resolution of support for the continuing process. ENVIRONMENTAL ASSESSMENT: This project is not defined under CEQA, and no further action is required. FISCAL IMPACT: There is no direct fiscal impact on the Town at this time; however, it should be noted that implementation of the guidelines and standards will require staff time and will likely increase fees associated with development projects near streams. Attachments: U, PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: WATER RESOURCES PROTECTION COLLABORATIVE AUGUST 5, 2005 1. Resolution in support of the Guidelines and Standards and the Implementation Program 2. Resolution of Consensus of the Santa Clara Valley Water Resources Protection Collaborative Distribution: Jim Fiedler, Santa Clara Valley Water District, 5750 Almaden Expressway, San Jose, CA 95118 E~ ' l RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS IN SUPPORT OF THE GUIDELINES AND STANDARDS AND THE 2005-06 IMPLEMENTATION PROGRAM OF THE WATER RESOURCES PROTECTION COLLABORATIVE FOUR THE PLANNING AND PERMIT REGULATION FOR THE PROTECTION OF WATER RESOURCES WITHIN THE SANTA CLARA VALLEY WATER DISTRICT WHEREAS, the Santa Clara Valley Water District (SCVWD), along with staff representatives of the County of Santa Clara ("County"), the fifteen Cities in Santa Clara County, the San Francisco Bay Regional Water Quality Control Board, various business and development interests, property owners and environmental and community interests, have formed and are members of the Water Resources Protection Collaborative; and, WHEREAS, all Collaborative members share the water and watershed resources protection goals of flood management, drinking water quality and quantity, surface and groundwater quality and quantity, and habitat protection and enhancement; and WHEREAS, The District, Cities, County are committed to furthering these goals through the adoption of land development guidelines and standards jointly developed with other stakeholders; and WHEREAS, in order to accomplish these goals, the Collaborative recognizes the importance of private creek side owners' interests, monitoring and accountability, and delineation of responsibility for administering mutually agreed-upon policy, guidelines, and standards to which District, County, and municipal activities, and permit review shall conform; and WHEREAS, it is recognized that the Cities and County through Implementation of their National Pollutant Discharge Elimination System (NPDES) Permits, Best Management Practices, and other means have continuously acted to protect the watersheds and water quality in Santa Clara County; and WHEREAS, it is recognized that Local Control is the Key Principle to the implementation of resource protection goals, and that Cities and the County are the primary jurisdictions for LAND USE PLANNING and LAND USE PERMIT REGULATION, and that the broader stakeholder community has a central role in local stewardship and enhanced resource protection. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos ratified and supports the above foundational principles of the Water Resource Protection Collaborative; and BE IT FURTHER RESOLVED that the Town of Los Gatos supports the following specific components of the Collaborative agreement: A conimitment by the Town of Los Gatos to make best efforts to incorporate the Guidelines and Standards and other implementing tools into their appropriate land use processes by February of 2007. 2. Cominitnlent for appropriate levels of participation in the Monitoring, Assessment, and Adaptive Management process. 3. Commitment for participation in the early consultation of projects with SCVWD as appropriate. 4. Commitment for continued attendance by the Town of Los Gatos members of the Collaborative at quarterly meetings through February of 2007. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 15`x' day of August, 2005, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA RESOLUTION OF CONSENSUS OF THE SANTA CLARA VALLEY WATER RESOURCES PROTECTION COLLABORATIVE DOCUMENTING WORK PRODUCTS FROM PHASE III OF ITS WORK AND DESCRIBING PROCEDURES FOR APPLYING THE GUIDELINES AND STANDARDS FOR LAND USE NEAR STREAMS WHEREAS, the Santa Clara Valley Water District (°SCVWD"), along with staff representatives of the County of Santa Clara ("County"), the Cities in Santa Clara County ("City, Cities"), the Guadalupe-Coyote Resource Conservation District ("GCRCD"), the San Francisco Bay Regional Water Quality Control Board, various business and development interests, environmental, agricultural and community interests, and a representative of property owners' interests have formed and are members of the Santa Clara Valley Water Resources Protection Collaborative ("Collaborative"); and, WHEREAS, all Collaborative members share the goals of water and watershed resource protection, including flood management, drinking water quality and quantity, surface and groundwater quality and quantity, habitat protection and enhancement; and, WHEREAS, the Collaborative has worked to fulfill these goals by participating in the development of several written work products, which describe the guidelines, standards and procedures to apply to land use activities near streams and 'on streamside properties, to protect and enhance stream and streamside resources NOW, THEREFORE be it resolved that this RESOLUTION OF CONSENSUS is set forth for the approval of Collaborative members and includes the following final ratified or accepted work products. Collaborative Phase III Work Products 1. Proposed Implementing Tools for the Guidelines and Standards for Land Use . Near Streams, including: a. Streamside Resource Protection Questions b, Guide to Resource Agency Referrals for Streamside Development c. Streamside Resource Protection Questions for Single Family Units d. Information to be Included on Plans for Streamside Development Resolution of Consensus ATTACHME `IT 2 P. e. Construction-related Permit Conditions for Streamside Resource Protection f, Decision Tree/Flow Chart for the Use of the Proposed Guidelines and Standards for Land Use Near Streams and related Proposed Implementing Tools 2, Proposed Guidelines and Standards for Land Use Near Streams, including: a. Preamble for the Guidelines and Standards for Land Use Near Streams b. Proposed Guidelines and Standards for Land Use Near Streams c. Slope Stability Requirements for Single-Family Units d, Design Guide for the Proposed Guidelines and Standards for Land Use Near Streams e. Model Enhanced Practices for Land Use Near Streams f. Proposed Incentive-based Program for Enhanced Practices g. Model Best Management Practices for Single Family Units h. Glossary of Key Terms I. User Manual for Guidelines and Standards for Land Use Near Streams 3. Workplan for Outreach for the Proposed Guidelines and Standards for Land Use Near Streams 4. Adaptive Management Process for the Guidelines and Standards for Land Use Near Streams 5. Early Consultation Between Water SCVWD.and Local Permitting Agencies a. Framework for Early Consultation b. Summary of Recent and Planned Early Consultation Activities 6. Initial Work Plan for the SCVWD Comprehensive Plan 7. Workplan for the Water Resources Protection' Collaborative for the Period September 2005-February 2007 Relationships Between SCWlD and Cities/County NOW, THEREFORE be it further resolved that: 1, Collaborative members will bring, in the manner appropriate for each jurisdiction, the Proposed Guidelines and Standards for Land Use Near Streams and related Proposed Implementing Tools to the governing bodies of each respective jurisdiction for their consideration and begin to determine how best to integrate them into existing local agency permiUregulatory processes. Resolution of Consensus 2 F Iv° 2. Each City and the County ("Cities/county") will then determine which Permitting Option (see Permitting-Options 1-3 on pages 5-6) is appropriate and necessary to allow them to apply the Proposed Guidelines and Standards for Land Use Near Streams and related Proposed Implementing Tools, Each City and the County will notify the SCVWD, and provide appropriate documentation (e.g. letter, resolution, description of actions taken) setting forth the manner in which each agency will apply the Proposed Guidelines and Standards for Land Use Near Streams and related Proposed Implementing Tools, as appropriate and necessary (e.g. resolution, new ordinance, revision of existing regulations, new administrative procedures, etc.), including the Permitting Option it has chosen. These notifications and related documentation will be provided to the SCV\ND by a date that allows the Cities/County to fully apply the Proposed Guidelines and Standards for Land Use Near Streams and related Proposed Implementing Tools no later than February 28, 2007. 4. The SCVWD will review the documentation from each City and the County related to how each jurisdiction will apply the Proposed Guidelines and Standards for Land Use Near Streams and related Proposed Implementing Tools. The SCVWD will then provide a letter acknowledging and accepting each notification received, including the Permitting Option chosen. Once a City and/or the County has received a written acknowledgement from the SCVWD, including acceptance of the Permitting Option selected by the local jurisdiction, the transfer of permit authority from the SCVWD to the local jurisdiction will commence. New Ordinance to Replace SCUWD Ordinance 83-2 and Staged Transfer of Permit Authority SCVWD staff will bring a replacement to its Ordinance 83-2 to its Board for consideration by February 28, 2006. The new ordinance will allow for the implementation of the.Proposed Guidelines and Standards for Land Use Near Streams and related Proposed' Implementing Tools and will allow for the application of Permitting Options 1, 2,. and' 3 as noted below. Until such time that a City or the County elects to take the necessary action to apply the Proposed Guidelines and Standards for Land Use Near Streams and.related Proposed Implementing Tools, it will continue to refer land use activities, consistent with Ordinance 83-2, to the. SCVWD. If a City or the County takes the necessary ' action needed to apply the Proposed Guidelines and Standards fo.r Land Use Near Streams and Proposed Implementing Tools, permits on pardels adjacent to streams will then be administered by each City and the County. If a City or the County chooses not to take action to apply the Proposed Guidelines and Standards for Land Use Near Streams and Proposed Resolution of Conse-isus Implementing Tools, the SCVWD will continue to administer permits on streamside parcels for that jurisdiction. Possible permitting arrangements include: Permitting Option 1: SCVWD Retains Permit Authority A City or the County chooses not to apply the Proposed Guidelines and Standards for Land Use Near Streams through its local permitting process, SCVWD adopts a new ordinance to replace Ordinance 83-2, which implements the Guidelines and Standards for Land Use Near Streams for parcels adjacent to streams and in-channel modification for SCVWD jurisdictional streams, The City or County continues to refer projects, consistent with the new SCVWD Ordinance that replaces Ordinance 83-2, to the SCVWD for permitting by SCVWD. Permitting Option 2: New Permitting Relationship A City or the County chooses to apply, in the manner appropriate to each jurisdiction, the Guidelines and Standards for Land Use Near Streams and related Proposed Implementing Tools, by issuing permits for all development related to all portions of streamside parcels which are subject to local permitting, including each jurisdictions capital improvement projects. SCVWD continues to permit activities on channels that are on land under SCVWD ownership or easement. Permitting Option 3: Customized Negotiations The SCVWD and a City or the County negotiates and applies a customized permitting arrangement, Customized options may include: a. Requests for SCVWD to permit and inspect streams not in SCVWD ownership or easement.. b, Requests for SCVWD to permit and inspect streams beyond current SCVVVD jurisdiction, c. Cities/County request more technical services from the SCVWD than are currently provided. Ability to Change Permit Options After a City or the County has initially chosen a Permitting Option from Permitting Options 1-3 above, it may notify the SCVWD that it wishes to change the Permitting Option it has chosen to administer, using the same notification procedure described in paragraph #3 of the section titled Relationships Between Resolution of Consensus SCVWD and Cities/County on page 3 of this Resolution. The SCVWD will then acknowledge this selection of a new Permitting Option using the procedure described in paragraph #4 of this same section, as shown on page 4 of this Resolution. Interim Actions and Responsibilities NOW, THEREFORE be it further resolved, that during the next 18 months or until each City and the County starts to apply the Proposed Guidelines and Standards for Land Use Near Streams and Proposed Implementing Tools to its local permit process, as described in paragraphs 1-4 in the section of this Resolution titled "Relationships Between SCVWD and Cities/County", each City and the County will work in good faith to: a. Continue referrals of land use activities to SCVWD for strearnside parcels along SCVWD jurisdictional streams; b, To the extent practicable, use the Proposed Implementing Tools for the Guidelines and Standards for Land Use Near Streams; c. To the extent practicable, provide information to the public describing as applied to proposed development or land use modifications to parcels adjacent to streams; d. To the extent practicable, incorporate the Proposed Guidelines and Standards into the design of public projects in and adjacent to streams; e. Participate in the Early Consultation process, as appropriate. NOW, THEREFORE be it further resolved, that during the next 18 months or until each City and the County starts to apply the Proposed Guidelines and Standards for Land Use Near Streams and Proposed Implementing Tools to its local permit process, as described in paragraphs 1-4 in the section of this- Resolution titled "Relationships Between SCVWD and Cities/County", SGVWD will: a. Continue to. accept referrals for land use permits inside and beyond SCVWD right of way (R/W) areas and issue permits outside R/W if and until a permitting option is applied by each local permitting agency; b. Use the Proposed Guidelines and Standards for Land Use Near Streams as a basis for comments and permit issuance for streamside parcels; c. Participate in an Early Consultation process, including: i. Assigning designated staff liaison(s) to local jurisdictions, as appropriate; ii. To the extent practicable, streamlining of permit issuance referrals subject to Early Consultation accompanied by assurance from the local permitting agency that the site plan incorporates the Proposed Guidelines and Standards for Land Use Near Streams. Resolution of Consensus Ongoing Collaborative Actions and Responsibilities NOW, THEREFORE be it further resolved, that the Cities and County will continue to participate as members of the Water Resources Protection Collaborative to: i. Participate in ongoing assessment and improvement of the Guidelines and Standards for Land Use Near Streams and Proposed Implementing Tools through the Adaptive Management Process; ii. Support Collaborative efforts to facilitate application of the Proposed Guidelines and Standards for Land Use Near Streams; iii. Participate in the training of staff in the use of the Proposed Guidelines and Standards for Land. Use Near Streams and related Proposed implementing Tools; iv. Participate in the coordination of capital projects near streams; V. Identify and discuss emerging issues of common concern; vi. Participate in the development of the SCVWD's Comprehensive Plan; vii, Provide input to SCVWD as it drafts a new ordinance to replace Ordinance 83-2; viii. Participate in discussions with the SCVWD and Non-Governmental Organizations (NGO's) as part of the Adaptive Management Process, focusing on the health and stewardship of the County's streams; including review of 'information on the health of the streams, to be provided periodically by the 'SCVWD; ix. Participate in the further development of Enhanced Practices and a related incentive-based program to support their implementation; X. Participate in the development and dissemination of educational materials related to the Guidelines and Standards for Land Use Near Streams; A Participate in development and implementation of outreach to streamside property owners, developers and other groups; xii. Work with SCVWD, NGO's and others to update the Guidelines and Standards, Users Manual and Collaborative website. NOW, THEREFORE be-.it further resolved, that the SCVVVD will provide staff and related resources to support and facilitate the Water Resources Protection Collaborative to: i. Participate in ongoing assessment and improvement of the Guidelines and Standards for - Land Use Near Streams and Implementing Tools through the Adaptive Management Process; ii. Support Collaborative efforts to facilitate application of the Proposed Guidelines and Standards for Land Use Near Streams; iii. Develop and carry out training of staff from SC` WD, Resolution of Consensus 6 Cities/county and co[nmunity organizations in the use of the Proposed Guidelines and Standards for Land Use Near Streams and related Proposed Implementing Tools; iv. Participate in the coordination of capital projects near streams; V. Identify and discuss emerging issues of common concern; vi. Lead the development of the SCVWD's Comprehensive Plan, anticipated to be completed by February 2007, vii. Participate in discussions, as part of the Adaptive Management Process, focusing on the health and stewardship of the County's streams, including review of information on the health of the streams, to be provided periodically by the SCVWD; viii. Participate in the further development of Enhanced Practices and a related incentive-based program to support their implementation; ix. Support the development and dissemination of educational materials related to the Guidelines 'and Standards for Land Use Near Streams; X. Participate in development and implementation of outreach to streamside property owners, developers and other groups, as needed; Xi. Work with cities, County, NGO's and others to update the Guidelines and Standards, Users Manual and Collaborative website. NOW, THEREFORE be it further resolved, that the other governmental, non- governmental and community-based organizations that are members of the Collaborative will continue to participate, to the extent practicable, in the continuing Collaborative organization to: i. Provide input into the ongoing assessment and improvement of the Guidelines and Standards for Land Use Near Streams and Proposed Implementing Tools through the Adaptive. Management Process; ii. Support Collaborative efforts to facilitate application of. the Proposed Guidelines and Standards for Land Use Near Streams; iii. Participate in the training of staff in the use of the Proposed Guidelines and Standards for Land Use Near Streams and related Proposed Implementing Tools; iv. Support sharing information for capital projects near streams; V. Identify and discuss emerging issues of common concern; vi. Participate in the development of the SCVWD's Comprehensive Plan; W. Provide input to SC'✓WD as it drafts new a ordinance to replace Ordinance 83-2; viii, Participate in the Adaptive Management Process, focusing on the health and stewardship of the County's streams, including review of information on the health of the streams, to be provided periodically Resolution of Consensus 7 F- I by the SCVW D; ix. Participate in the further development of Enhanced Practices and a related incentive-based program to support their implementation; X, Participate in the development and dissemination of educational materials related to the Guidelines and Standards for Land Use Near Streams; A. Participate in development and implementation of outreach to streamside property owners, developers and other groups, as needed; xii. Work with SCVWD, Cities/County and others to update the Guidelines and Standards, Users Manual . and Collaborative website. Resolution of Consensus