ORDINANCE NO. 2749-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING CHAPTER 12.60 OF THE SUNNYVALE MUNICIPAL CODE 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 (“the Board”) 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 by Ordinance No. 2732-03 enacted regulations to enforce provisions of that permit; and

          WHEREAS, the RWQCB-SF at a hearing on October 15, 2003, approved certain amendments recommended by the Board’s Executive Officer, to the definition of Group I projects as set forth in the 2001 Permit, to bring the Permit into closer uniformity with other NPDES permits issued to other SF Bay dischargers; and

          WHEREAS it is appropriate to now amend the city’s storm water ordinance to implement these changes, as well as to make certain other minor changes for purposes of clarification of the ordinance;

          NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:

          SECTION 1.  CHAPTER 12.60 AMENDED.  Chapter 12.60 of the Sunnyvale Municipal Code is hereby amended by amending Sections 12.60.120(b) and 12.60.120(c)(2) to read as follows:

            2.60.120. Group 1 projects.

          12.60.120-(a) [Text unchanged]

(b)   Streets.  Any street, road, highway or freeway that is under the city's jurisdiction and that creates one acre (43,560 square feet) or more of new impervious surface.  This category includes any newly constructed paved surface used primarily for transportation of automobiles, trucks, motorcycles, and other motorized vehicles.  Excluded from this category are sidewalks, bicycle lanes, trails, bridge accessories, guardrails, and landscape features.

(c) – (c)(1) [Text unchanged.]

(2)   Where a significant redevelopment project results in an increase of, or replacement of, less than fifty percent of the impervious surface of a previously existing development, and the existing development was not subject to storm water treatment measures, only that affected portion must be included in treatment measure design.  Excluded from this category are interior remodels and routine maintenance or repair.  Excluded routine maintenance and repair includes  roof or exterior surface replacement, pavement resurfacing, repaving and road pavement structural section rehabilitation within the existing footprint, and any other reconstruction work within a public street or road right-of-way where both sides of that right-of-way are developed. 

          SECTION 2.  CHAPTER 12.60 AMENDED.  Chapter 12.60 of the Sunnyvale Municipal Code is hereby amended by amending Section 12.60.280(d) to read as follows:

            12.60.280  Impracticability criteria. 

          12.60.280-(a)-(c)(2) [Text unchanged]

(d)   If projected costs of required on-site measures, including costs of materials, construction, labor, and value of land required for such measures, would exceed two percent (2%) of total project costs;

                    (e)-(f) [Text unchanged]

          SECTION 3.  CHAPTER 12.60 AMENDED.  Chapter 12.60 of the Sunnyvale Municipal Code is hereby amended by amending Section 12.60.330 to read as follows:

          12.60.330.  Appeals.

(a)   Any person aggrieved by any decision, action, finding, determination, order or directive of the authorized enforcement official, made or authorized pursuant to the provisions of this chapter or interpreting or implementing the same, may file a written request with the authorized enforcement official for reconsideration thereof within fifteen days of such decision, action, finding, determination or order.  The appeal must set forth in detail the facts supporting the request for reconsideration. The authorized enforcement official shall render a final decision within ten days of the receipt of such request for reconsideration.

(b)   Any person aggrieved by the final determination of the authorized enforcement official may appeal such determination to the board of building code appeals within fifteen days of notification by the authorized enforcement official of his or her final determination. Written notification of an appeal shall be filed with the city clerk within fifteen days after notification of the final determination of the authorized enforcement official, and shall set forth in detail the facts and reasons supporting the appeal. The appeal shall be heard by the board within thirty days from the date of filing the notice of appeal. The appellant, the authorized enforcement official and such other persons as the board may deem appropriate, shall be heard at the hearing on such appeal. Upon conclusion of the hearing, the board may affirm, reverse or modify the final determination of the authorized enforcement official as the board deems just and equitable, and in furtherance of the provisions, purposes and intent of this chapter. During the pendency of any such appeal, the final determination of the authorized enforcement official shall remain in full force and effect. The board's determination on the appeal shall be final.

SECTION 4.   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 5.  EFFECTIVE DATE.  This ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.

SECTION 6. 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 7.  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 4, 2004, and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on ____________, by the following vote:

(SEAL)