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HomeMy WebLinkAbout052124-06.5 ADMINISTRATIVE STAFF REPORT 6.5 TO: Mayor and Town Council May 21, 2024 SUBJECT: Ordinance No. 2024-04, amending provisions of Chapter 20 of the Danville Municipal Code regarding stormwater management and discharge control BACKGROUND AND DISCUSSION On May 7, 2024, the Town Council introduced Ordinance No. 2024-04, which would amend the Town’s existing ordinance establishing requirements for Stormwater Management, as prescribed by the Regional Water Quality Control Board. The amendments address the obligation to install “trash capture devices” in storm drain inlets on private property. The ordinance is now before the Council for adoption. PUBLIC CONTACT Posting of the meeting agenda serves as notice to the general public. FISCAL IMPACT None. RECOMMENDATION Adopt Ordinance No. 2024-04, amending provisions of Chapter 20 of the Danville Municipal Code regarding stormwater management and discharge control. Prepared by: Robert B. Ewing City Attorney Attachment: Ordinance No. 2024-04 ORDINANCE NO. 2024-04 AMENDING PROVISIONS OF CHAPTER 20 OF THE DANVILLE MUNICIPAL CODE REGARDING STORMWATER MANAGEMENT AND DISCHARGE CONTROL The Danville Town Council does ordain as follows: SECTION 1. AMENDING SECTION 20-1.2 OF THE DANVILLE MUNICIPAL CODE. Section 20-1.2 of the Danville Municipal Code is hereby amended by adding one definition and amending a second, to read as follows: 20-1.2 Definitions. Full trash capture system shall mean any device or series of devices that traps all particles retained by a 5mm mesh screen and has a design treatment capacity of not less than the peak flow rate resulting from a one-year, one-hour, storm in the tributary drainage catchment area. Stormwater management facility shall mean any device that utilizes detention, retention, filtration, harvest for reuse, evapotranspiration or infiltration to provide treatment (and/or control volume, flows, and durations) of stormwater for purposes of compliance with development runoff requirements, including without limitation a Full Trash Capture System. SECTION 2. AMENDING SECTION 20-1.5e OF THE DANVILLE MUNICIPAL CODE. Section 20-1.5e of the Danville Municipal Code is hereby amended to read as follows: 20-1.5 Stormwater Control Plan Required. e. Prior to issuance of a Certificate of Occupancy or as otherwise specified by the Director to ensure compliance with this chapter, property owners shall record easements and covenants, in a form approved by the Town that provides for access to stormwater management facilities for inspections and maintenance. Recorded covenants or easements shall be provided by the property owner for access by the Town, the Contra Costa Mosquito and Vector Control District, and the Regional Water Quality Control Board and ensure that the Responsible Person accepts responsibility for the operation and maintenance, and inspection and reporting of the Stormwater Management Facilities. DocuSign Envelope ID: F2111909-AD5E-46BB-8B3A-8DBA19C0A97D PAGE 2 OF ORDINANCE NO. 2024-04 SECTION 3. REPEALING SECTION 20-1.9 OF THE DANVILLE MUNICIPAL CODE. Section 20-1.9 of the Danville Municipal Code is hereby repealed in its entirety. SECTION 4. ADDING A NEW SECTION 20-1.9 TO THE DANVILLE MUNICIPAL CODE. Section 20-1.9 is hereby added to the Danville Municipal Code to read as follows: 20-1.9 Best Management Practices and Standards. a. Generally. Any person owning or operating premises that may contribute pollutants to the Town's stormwater system shall undertake best management practices to reduce the potential for pollutants entering the system to the maximum extent practicable. The Town may require the owner of any Premises regulated by this Chapter to enter into a long-term covenant or agreement, in a form approved by Town, to ensure the operation and maintenance of any facilities required hereunder, including without limitation a Full Trash Capture System, in compliance with the provisions of this Chapter. Examples of such premises include, but are not limited to, parking lots, gasoline stations, industrial facilities, and other commercial enterprises. Examples of best management practices include, but are not limited to, those described in publications by the United States Environmental Protection Agency, the California Water Boards, the California Stormwater Quality Association, the Bay Area Stormwater Management Agencies Association, the Contra Costa Clean Water Program, and the Town of Danville. b. Litter. No person shall throw, deposit, leave, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage or other discarded or abandoned objects, articles or other litter in or upon any street, alley, sidewalk, business place, creek, stormwater system, fountain, pool, lake, stream, river or any other body of water, or upon any public or private parcel of land so that the same might become a pollutant, except in containers or in lawfully established waste disposal facilities. c. Sidewalks. The occupant or tenant, or in the absence of occupant or tenant, the owner or proprietor of any real property in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained as required for the disposal of solid waste. d. Maintenance of facilities and landscaped areas. Best management practices shall be implemented to minimize the release of pesticides, fertilizers, herbicides, and other related materials used to maintain landscaping and facilities. e. Parking lots, paved areas and related stormwater systems. Persons owning, operating or maintaining a paved parking lot, the paved areas of a gasoline station, a paved DocuSign Envelope ID: F2111909-AD5E-46BB-8B3A-8DBA19C0A97D PAGE 3 OF ORDINANCE NO. 2024-04 private street or road, and related stormwater systems shall clean those premises as frequently and thoroughly as practicable in a manner that does not result in the discharge of pollutants to the Town's stormwater system. The Director may require installation and maintenance of devices or facilities, including without limitation a Full Trash Capture System, within a time frame specified by the Director to prevent the discharge of trash or other pollutants from private parking lots, streets, roads, and drainage facilities into the Stormwater drain system. Failure or refusal to timely comply with such requirement is prohibited and shall constitute a violation of this Chapter. f. Construction activities. All construction projects shall incorporate site-specific BMPs, which can be a combination of BMPs from the California BMP Handbook, Construction, September 2022, the Caltrans Stormwater Quality Handbooks, Construction Site Best Management Practices Manual, May 2017, the San Francisco Bay Regional Water Quality Control Board Erosion and Sediment Control Field Manual, 2002, the Town's grading and erosion control ordinance and other generally accepted engineering practices for erosion control as required by the Director. The Director may establish controls on the rate, volume, and duration of stormwater runoff from new developments as may be appropriate to minimize the discharge and transport of pollutants. g. Notification of intent and compliance with general permits. Each discharger associated with construction activity or other discharger described in any general stormwater permit addressing discharges, as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, San Francisco Bay Region, shall provide the Director with the notice of intent, comply with and undertake all other activities required by any General Stormwater Permit applicable to such dischargers. Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by the permit. h. Development runoff requirements. As set forth in Section 20-1.5, Stormwater Control Plan Required, for each new development project subject to the development runoff requirements, every applicant will submit a stormwater control plan and implement conditions of approval that reduce stormwater pollutant discharges through the construction, operation and maintenance of treatment measures and other appropriate source control and site design measures. Similarly, increases in runoff volume, flows, and durations shall be managed in accordance with the development runoff requirements. i. Stormwater pollution prevention plan. The Director may require any business or utility in the Town that is engaged in activities that may result in non-stormwater discharges or runoff pollutants to develop and implement a stormwater pollution prevention plan, which must include an employee training program. Business activities which may require a stormwater pollution prevention plan include maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading, fueling, vehicle maintenance, food handling or processing, or cleanup procedures, carried out partially or wholly out of doors. DocuSign Envelope ID: F2111909-AD5E-46BB-8B3A-8DBA19C0A97D PAGE 4 OF ORDINANCE NO. 2024-04 j. Coordination with hazardous material release response and inventory plans. Any business subject to the Hazardous Material Release Response and Inventory Plan, Division 20, chapter 6.95 of the California Health and Safety Code (commencing with section 25500), shall include, in that Plan, provision for compliance with this chapter, including the prohibitions of non- stormwater discharges and the requirement to reduce release of pollutants to the maximum extent practicable. SECTION 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Town Council has determined that in accordance with the California Environmental Quality Act (CEQA) and Sections 15061 (b)(2) and 15307 of the CEQA Guidelines, adoption of this ordinance is categorically exempt from CEQA review because it is an action by a regulatory agency as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. SECTION 6. CODIFICATION. Sections 1 through 4 of this ordinance shall be codified in the Danville Municipal Code. SECTION 7. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Danville Town Council hereby declares that they would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases was declared invalid. SECTION 8. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a summary of this ordinance published twice in a newspaper of general circulation, once within five (5) days before its adoption and once within 15 (fifteen) days after adoption. This ordinance shall become effective 30 days after adoption. DocuSign Envelope ID: F2111909-AD5E-46BB-8B3A-8DBA19C0A97D PAGE 5 OF ORDINANCE NO. 2024-04 The foregoing Ordinance was introduced on May 7, 2024, and approved and adopted by the Danville Town Council at a regular meeting held on May 21, 2024, by the following vote: AYES: NOES: ABSTAINED: ABSENT: ______________________ MAYOR APPROVED AS TO FORM: ATTEST: _______________________ CITY ATTORNEY CITY CLERK CLERK'S CERTIFICATE I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 2024-04 of said Town and that said ordinance was published according to law. Dated: __________________________ _________________________________ City Clerk of the Town of Danville DocuSign Envelope ID: F2111909-AD5E-46BB-8B3A-8DBA19C0A97D