To:   HONORABLE MAYOR AND                   From:   Stephen M. Haase

                        CITY COUNCIL                                                       

 

   Subject:   SEE BELOW                                               Date:   September 23, 2003

 

 

COUNCIL DISTRICT:  Citywide

SNI AREAS:  All

 

 

SUBJECT:  PROPOSED ORDINANCE AMENDING TITLE 20, THE ZONING CODE,

                     TO MODIFY AND ADD PROVISIONS RELATED TO STORM WATER RUNOFF MANAGEMENT AND POST-CONSTRUCTION STORM WATER QUALITY CONTROL 

 

RECOMMENDATION

 

The Planning Commission voted 7-0 to recommend that the City Council approve the proposed ordinance amending Title 20 of the San Jose Municipal Code (the Zoning Code) to modify and add provisions related to storm water runoff management and post-construction storm water quality control.

 

 

BACKGROUND

 

On August 27, 2003, the Planning Commission held a public hearing to consider the proposed ordinance amending Title 20, the Zoning Code, to modify and add provisions related to storm water runoff management and post-construction storm water quality control. The proposed ordinance (Attachment 1 to the staff report to the Planning Commission), which would facilitate the City’s implementation of the provisions of the National Pollutant Discharge Elimination System (NPDES ) Municipal Separate Storm Sewer System (MS4) Permit (Permit) from the Regional Water Quality Control Board (Attachment 2 to the staff report to the Planning Commission), was considered as a consent calendar item. Planning staff recommended approval of the proposed ordinance, as outlined in the attached staff report. No one from the public spoke on the proposed item. There was no further discussion by the Planning Commission. The Planning Commission then closed the public hearing and made a motion to approve the Consent Calendar items as proposed by staff.

 

 

PUBLIC OUTREACH

 

On July 9, 2003 Planning staff sent a hearing notice for the proposed ordinance by e-mail to developers, consultants, engineers, representatives of environmental groups, and other stakeholder groups. Additional outreach consisted of posting the availability of the hearing notice on the Planning Divisions’ web page and e-mailing the web page address to Bay Area-wide representatives of stakeholder groups on July 10, 2003. The public hearing notice for both the Planning Commission and City Council was published in the Post Record.

 

City staff, in coordination with the other Co-permittees in the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP), has prepared guidance documents and sponsored regional training workshops for the public. Planning staff has also prepared informational fact sheets on the new regulations that have been distributed at the Planning Divisions’ Developers Roundtable meetings and have been available at the Planning Divisions’ public information counter and web page since last year and this July respectively.

 

On July 31, 2003 Planning staff received a letter from Myron Crawford of Berg & Berg Developers, Inc. (Attachment 4 to the staff report to the Planning Commission) in opposition to the implementation of the Permit Amendment from the Regional Board. Mr. Crawford’s concerns include onerous costs to developers to implement the Regional Board requirements, lack of demonstration that the potential environmental benefits justify the costs, unintended consequences for development, an unreasonably short implementation schedule, and poorly crafted and unnecessary requirements.

 

The City of San Jose has received Council direction to implement the Regional Board’s Permit Order. Approval of the proposed Title 20 amendment would facilitate this implementation by clarifying the authority the City has to review development applications. The Title 20 amendment would also establish an approval process to facilitate the provision of off-site treatment of storm water runoff as a method for achieving compliance with the Regional Board’s Permit requirements. In addition, the proposed revisions to the City Council Policy on Post Construction Runoff include options for applicants to provide equivalent water quality benefits if onsite treatment is not feasible. Furthermore, to help applicants comply with the new requirements, Planning staff will continue to provide guidance to developers and other stakeholders.

 

 

COORDINATION

 

Preparation of the proposed ordinance has been coordinated with the Environmental Services Department, the Redevelopment Agency, and the City Attorney’s Office.

 

 

COST IMPLICATIONS

 

By creating the opportunity for a project proponent to provide off-site storm water treatment in order to comply with the Permit requirement to install structural storm water treatment controls for a given project, private development projects would potentially be able to reduce the cost of implementation of the new provisions of the Permit.

 

Implementation of the Ordinance will create costs for the City that are related to the review and processing of additional permit applications. Application fees are expected to offset the additional staff costs that the City incurs.


CEQA

 

The environmental impacts of the proposed ordinance, public project File No. PP 03-07-224 are covered by an addendum to the Final EIR entitled, “San José 2020 General Plan,” and certified on August 16, 1994, by the City of San José City Council as Resolution No. 65459. The addendum that addressed project specific issues was adopted on July 3, 2003.

 

 

STEPHEN M. HAASE, SECRETARY

Planning Commission

 

Attachments