Draft 5-7-03
Attachment A
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE ADDING A NEW CHAPTER TO THE SUNNYVALE MUNICIPAL CODE, CHAPTER 12.60, ENTITLED "STORM WATER MANAGEMENT"
WHEREAS, in partial implementation of § 402(p) of the federal Clean Water Act, 33 U.S.C. § 1344(p); the Phase I Storm Water Regulations and the California Water Code, the California Regional Water Quality Control Board – San Francisco ("RWQCB-SF") issued a National Pollutant Discharge Elimination System ("NPDES") Permit and Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the County of Santa Clara, Regional Board Order No. 01-024, NPDES No. CAS029819 (the "2001 Permit"), on February 21, 2001, to the Santa Clara Valley Urban Runoff Pollution Prevention Program ("Program") of which the City is a member; and adopted amendments to that order on October 17, 2001, Regional Board Order No. 01-119; and
WHEREAS, City is a permittee under the 2001 Permit and therefore is required by federal and state law to implement requirements of the 2001 Permit, and
WHEREAS, City has authority under Article 11, Section 7 of the California Constitution to adopt ordinances needed to implement these requirements, and
WHEREAS, this City also has authority under the California Water Code to adopt and enforce ordinances conditioning, restricting, and limiting activities that might degrade the quality of the waters of the State of California;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:
SECTION 1. CHAPTER 12.60 ADDED. A new chapter 12.60, entitled "Storm Water Management" is hereby added to the Sunnyvale Municipal Code in the form of Attachment "A" incorporated herein.
SECTION 2. BEST MANAGEMENT PRACTICES GUIDELINES. Best Management Proactices Guidelines shall include but not be limited to the following publications:
(1) California Regional Water Quality Control Board San Francisco Bay Region. Erosion and Sediment Control Field Manual, Third Edition 1999.
(2) California Storm Water Quality Association. Stormwater Best Management Practice Handbook(s) (four volumes: Construction, New Development and Redevelopment, Municipal, and Industrial), 2003.(3) Fifield, Jerald, Field Manual on Sediment and Erosion Control Best Management Practices for Contractors and Inspectors, Forester Press, 2002.
(4) Santa Clara Valley Urban Runoff Pollution Prevention Program, Best Management Practices for the Construction Industry (7 tri-fold brochures) 2001.
(5) City of Sunnyvale. Blueprint for a Clean Bay- Best Management Practices for the Construction Industry, 2003.
(6) Bay Area Storm Water Management Agencies Association (BASMAA). Start at the Source. Forbes Custom Publishing, New York 1999.
(7) Bay Area Storm Water Management Agencies Association (BASMAA). Using Site Design Standards to Meet Development Standards for Storm water Quality - A Companion Document to "Start at the Source". 2003
SECTION 3. CEQA. The City Council finds that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is implementing permit requirements imposed by a regulatory agency. However, individual development projects impacted by this ordinance shall be subject to appropriate environmental review under CEQA.
SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect on July 1, 2003. However, any privately sponsored development for which an application has been determined to be complete by the director of community development as of July 15, 2003 and any publicly funded project for which funding has been committed and for which construction has been scheduled by October 15, 2003 is exempt from the requirements imposed upon Group 1 projects.
SECTION 5. CONSTITUTIONALITY; SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid.
SECTION 6. POSTING AND PUBLICATION. The City Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the City of Sunnyvale and to cause publication once in an adjudicated newspaper of general circulation in the City of Sunnyvale, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance.
Introduced at a regular meeting of the City Council held May _____2003, and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on _____________________, 2003, by the following vote:
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City Clerk |
Mayor |
(SEAL)
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