REPORT TO COUNCIL
SUBJECT
Title
Action to Waive First Reading and Introduce an Ordinance Amending and Restating in its Entirety Chapter 13.20 (Storm Drains and Discharges) of Title 13 (Public Services) of “The Code of the City of Santa Clara, California” to Enable Compliance with Regional Water Resources Control Board Requirements and Update Administrative Language
Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure, and Promote Sustainability and Environmental Protection
BACKGROUND
The City is regulated by the Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit (MRP) issued by the California Regional Water Quality Control Board, San Francisco Bay Region, under which the City is a permittee. In 1994, Council adopted Ordinance No. 1655 to prevent stormwater pollution from urban runoff that flows to creeks and channels, eventually discharging in the San Francisco Bay. The requirements in Ordinance No. 1655 are laid out in Chapter 13.20 entitled “Storm Drains and Discharges” in the Santa Clara City Code.
The requirements in the MRP have been updated over the years, most recently with MRP 3.0, which took effect in 2022. MRP requirements for new and redevelopment projects to install and maintain low impact development (LID) control measures, active construction site inspections, trash load reduction on private property parcels, and monitoring and reporting of stormwater discharges were not contemplated when Chapter 13.20 was developed in 1994. Chapter 13.20 needs to be updated to enable the City to comply with MRP 3.0 requirements.
DISCUSSION
The Department of Public Works engaged a consultant that specializes in stormwater compliance to assist in updating the code language of Chapter 13.20, “Storm Drains and Discharges.” The summary below provides an overview of the significant changes to Chapter 13.20.
13.20.030 Discharges into City storm drains
Section 13.20.030 previously stated that waste discharges were prohibited into any storm drain, storm sewer, natural outlet, or channel, and outlined examples of such discharges. The discharge language has been changed from “waste” to “non-stormwater” to be more inclusive of pollutants and reflective of MRP 3.0 requirements. This language update is reflected throughout the code. Additionally, the examples of discharges have been expanded to include newly identified pollutants of stormwater.
13.20.040 Stormwater Management Requirements for New and Redevelopment Projects
This new section provides an overview of the stormwater site design measures, control measures, and requirements for various types of projects including regulated projects, special projects, small projects/smaller detached single-family home projects, and non-regulated projects, and references the possibility of in-lieu compliance if approved by the MRP and City.
Projects that create and/or replace 5,000 square feet or more of impervious surface area are considered regulated projects and must implement treatment measures using LID techniques designed in accordance with the numeric sizing criteria described in the MRP 3.0. Regulated projects must install and maintain full trash capture devices and enter into a Stormwater Treatment Measures Inspection and Maintenance Agreement with the City which requires maintenance of all stormwater treatment measures, controls, and devices.
13.20.050 Stormwater Management Requirements for Construction Sites
This section was added to incorporate construction site stormwater management requirements. Construction sites must implement and maintain adequate and effective erosion and sediment control by implementing various Best Management Practices (BMP). These BMPs must be incorporated into an Erosion and Sediment Control Plan that is reviewed and approved by the City.
Construction projects that disturb one acre or more of soil shall file a Notice of Intent (NOI) for permit coverage under the Construction General Permit and develop a site-specific Stormwater Pollution Prevention Plan (SWPPP) that is amended to reflect site changes throughout the project timeline. City representatives shall have access to inspect BMPs throughout all stages of the project and may request to review the current SWPPP as well as evidence of permit coverage.
13.20.060 Stormwater Management Requirements for Industrial and Commercial Sites
This section has been updated to state that industrial and commercial businesses must maintain adequate and effective BMPs to address stormwater pollution associated with outdoor activities, storage, equipment, and any other potential sources of pollution. It also lays out a process for businesses to demonstrate whether coverage under the State’s Industrial General Permit is required when applying for a new or renewed business license as required by the State.
13.20.070 Stormwater Management Requirements for Private Land Drainage Areas (PLDAs)
This new section provides the framework of the City’s PLDA program to address trash on privately owned parcels with private drainage which can reach the City’s storm drain system to enable the City to comply with trash load reduction requirements in MRP 3.0.
Depending on the levels of trash visually observed, property owners may be required to implement BMPs. If BMPs are not effective, property owners can be required to install and maintain full trash capture devices.
13.20.080 Stormwater Management Plan Review and Inspection Fees
Due to the new requirements of the MRP and necessary resources and programs required to meet those requirements, this new section provides a pathway for the City to establish fees for stormwater related reviews, inspections, and MRP compliance.
13.20.090 Authority to Inspect, Monitor, and Sample
To ensure compliance with the MRP, this new section authorizes City representatives to enter any property to inspect, monitor, and collect samples/measurements when deemed necessary and within the limitations of applicable state and federal laws.
In addition to the changes for compliance with the MRP, several changes are also included in the Ordinance to improve the ordinance structure, enhance definitions, and remove outdated language.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(2) as a general policy making activity.
FISCAL IMPACT
There was no fiscal impact associated with this report.
COORDINATION
This report has been coordinated with City Attorney’s Office and City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Waive First Reading and Introduce an Ordinance Amending and Restating in its Entirety Chapter 13.20 (Storm Drains and Discharges) of Title 13 (Public Services) of “The Code of the City of Santa Clara, California” to enable compliance with Regional Water Resources Control Board Requirements and Update Administrative Language.
Staff
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Ordinance