Santa Clara Valley Urban Runoff Pollution Prevention Program Development Policies Comparison Project APPENDIX M. SANTA CLARA VALLEY WATER DISTRICT

Transcription

1 Development Policies Comparison Project APPENDIX M. SANTA CLARA VALLEY WATER DISTRICT Water District M-1 Final

2 SECTION I: Requirements to Implement Erosion & Sediment Controls During Construction a. Is there any ordinance or condition of approval requiring that erosion and sediment controls are required prior to the start of and as part of grading and clearing? b. Is there any ordinance that requires or encourages the preservation of natural vegetation at development sites? c. Is there any ordinance or policy specifying more stringent erosion and sediment controls/requirements during the wet season? Yes Partial Partial In the updated "Water Resources Protection Ordinance" (formerly Ordinance 83-2), consider encouraging the preservation of natural vegetation at development sites. Ordinance 83-2 Section 7.3 Upon receipt of such application for permit or engineered improvement plans or additional information as herein set forth, the District shall make such investigations as are necessary to determine, among other things, whether or not the proposed work or activities intended will: damage, weaken, erode, or reduce the effectiveness of the banks to withhold storm and flood waters, to resist erosion and siltation and entry of pollutants and contaminants... Ordinance 83-2 Section 6.2. Without having first secured a permit pursuant to Section 7 hereof, or other written approval from the District, it shall be unlawful after the effective date of this Ordinance for any person, firm, corporation, the County of Santa Clara, the Government of the United States and agencies thereof, the Government of the State of California and agencies thereof, or any municipal corporation or district to do or cause to be done any of the following: Plant any form of flora upon or within the banks of a watercourse or a District project. "How to get a permit for Working Around Watercourses" A permit is required before you 5. Landscape, remove plants, or install an irrigation system next to or within the banks of a creek. In the updated "Water Not specified in the resources provided. Resources Protection There is flexibility to allow for this: Ordinance Section 7.3. After investigation the District shall approve, approve Ordinance" (formerly conditionally, or disapprove the application or improvement Ordinance 83-2), consider plans on the basis of such investigation. If a permit is granted, requiring stringent erosion and it shall state the conditions subject to which it is granted. sediment controls or requirements during the wet season. Final M-2

3 d. Is there any ordinance, policy, or guideline that requires more stringent erosion and sediment controls for developments near sensitive areas (e.g., riparian or hillside areas)? Yes may wish to develop standard conditions for erosion and sediment control (if not already done so). Ordinance 83-2 pertains to activities near riparian areas. Ordinance 83-2 Section 7.3 Upon receipt of such application for permit or engineered improvement plans or additional information as herein set forth, the District shall make such investigations as are necessary to determine, among other things, whether or not the proposed work or activities intended will: damage, weaken, erode, or reduce the effectiveness of the banks to withhold storm and flood waters, to resist erosion and siltation and entry of pollutants and contaminants... Ordinance 83-2 Section 6: Prohibitions (Violations) 6.1 The pollution of the water supplies of the District, whether in surface streams, reservoirs or conduits of any kind, or of groundwater, by any direct or indirect means whatever, including the deposit of polluting matter of any kind upon the banks of a watercourse, lake or reservoir where the same may reach or affect such water supplies, and including the discharge of polluting storm waters or sanitary sewage, is prohibited. 6.2 Without having first secured a permit pursuant to Section 7 hereof, or other written approval from the District, it shall be unlawful after the effective date of this Ordinance for any person, firm, corporation, the County of Santa Clara, the Government of the United States and agencies thereof, the Government of the State of California and agencies thereof, or any municipal corporation or district to do or cause to be done any of the following: a. Construct or place any structure or perform any grading within a designated floodway between the banks of a watercourse, or within 50 feet of the top of such banks. b. Construct, place or maintain any structure or perform any grading upon a levee or on a District project. c. Excavate within a designated floodway, upon a levee, or upon or between the banks of a watercourse or District project. d. Deposit material of any kind within a designated floodway, upon a levee, or District project, or upon or within the banks of a watercourse. e. Construct or place any outlet for discharging drainage waters within a designated floodway, upon or within the banks of a watercourse, or District project.... Final M-3

4 e. Are there any requirements that contractors, engineers, and designers be adequately trained in erosion and sediment controls? Partial Not specified in the resources provided. There is flexibility to allow for this: Ordinance Section 7.3. After investigation the District shall approve, approve conditionally, or disapprove the application or improvement plans on the basis of such investigation. If a permit is granted, it shall state the conditions subject to which it is granted. f. Is there flexibility to allow for updates to erosion and control plans in response to everchanging field conditions? Yes Ordinance Section 7.3. After investigation the District may wish to develop shall approve, approve conditionally, or disapprove the standard conditions for erosion application or improvement plans on the basis of such and sediment control (if not investigation. If a permit is granted, it shall state the conditions subject to which it is granted. already done so). g. Is there any ordinance or code language that incorporates enforcement measures such as performance bonds or stop work orders to ensure compliance with erosion and sediment control regulations? Yes Ordinance 83-2: 7.8 Violation of the provisions of this Ordinance and any failure to satisfy the terms of a permit issued thereunder is a misdemeanor. The violation shall be punishable by a fine not exceeding five hundred dollars ($500), or imprisonment in the County Jail not to exceed thirty In the updated "Water (30) days, or both that fine and that imprisonment. Any violation or threatened violation may also be enjoined by civil Resources Protection action. As an additional remedy to such violations and if Ordinance" (formerly essential to the health, welfare, or safety of the general Ordinance 83-2), consider public, the Board may order the work to be done, excavation whether the enforcement replaced, material removed, or may order any construction or measures for erosion controls structures placed contrary to the terms of this Ordinance removed by the District, which work must be paid for by the have been strong enough to violator. ensure compliance and update as necessary. Or, work with ermits/working_around_watercourses.shtm: "If you municipal agencies to perform any work or alteration within 50 feet of a watercourse accomplish this goal. without a permit, then you will be in violation of the Santa Clara Valley Water District's ordinance. You may be subject to civil penalties, and you will be responsible for removing structures or debris and returning the watercourse to its previous condition. " Final M-4

5 SECTION II: Policies to Limit Site Imperviousness and to Incorporate Post-Construction BMPs Into Development Projects SECTION II: Subsection A: Site Design All Types of Development II.1. Setbacks and Building Footprints a. Are there policies to limit the amount of maximum impervious surface area on a lot? b. Are there more stringent setback requirements for developments adjacent to creeks/sensitive areas? Yes "How to get a permit for Working Around Watercourses" A permit is required before you 1. Place any structure within 50 feet of the top of a creek bank or a levee. Structures include: buildings, pools, fences, decks, bridges or anything else having its foundation or support on the ground. c. Does the municipality have flexibility or offer incentives to reduce the building footprint (such as, allowing multistory buildings or tuck-under parking)? II.2. Sidewalks a. Is the minimum sidewalk width allowed in the community 4 feet or less? Final M-5

6 b. Are sidewalks on only one side of the street or designs without impervious sidewalks allowed? c. Are sidewalks generally sloped so they drain to the front yard or park strip rather than the street? d. Can alternate pedestrian networks be substituted for sidewalks (e.g., trails through common areas)? II.3. Rooftop Runoff a. Can rooftop runoff be discharged to yard areas, open channels, detention basins, or vegetated areas? Final M-6

7 b. Are the use of benign roof materials promoted? c. Are roof gardens allowed? Commercial/Industrial/Campus/Institutional Only II.4. Commercial/Industrial/Institutional Site Design a. Are outdoor vehicle/equipment maintenance areas, food service equipment cleaning areas, and garbage dumpsters/recycling collection areas required to be covered? b. Does the community encourage inclusion of turf play yards or courtyards that also serve as infiltration areas or overflow parking areas? District can put such conditions on a project for the portion of the project lying within their jurisdiction (subject to change per updated "Water Resources Protection Ordinance"). (See Section 7.3, quoted above) Final M-7

8 c. Are industrial sites required to provide spill control at storm drain inlets; covered storage areas; and other storm water BMPs? SECTION II: Subsection B: Streets II.5. Street Width a. Is the minimum pavement width allowed for streets in low density residential developments that have less than 500 average daily trips (ADT) between feet? b. Does the municipality have flexibility or offer incentives to reduce pavement width for parking, (such as, allowing parking pullouts or landscape reserves, or allowing parking planes to serve as traffic lanes)? II.6. Right-of-Way Width a. Is the minimum right of way (ROW) width for a residential street less than 45 feet? Final M-8

9 II.7. Cul-de-Sacs a. Is the minimum radius allowed for cul-desacs less than 35 feet? b. Is the minimum radius allowed for cul-desacs between 36 to 45 feet? c. Can a landscaped island be created within the cul-de-sac? d. Are alternative turnarounds such as "hammerheads" allowed on short streets in low density residential developments? Final M-9

10 e. Are cul-de-sacs discouraged to allow for efficient street layout? Water Resources Protection Ordinance requirements only deal with within 50 feet of a watercourse. With Water Resources Protection Ordinance, the District could put such conditions on a project within 50 feet of watercourse. (See Section 7.3, quoted above) II.8. Vegetated Open Channels/Swales a. Are alternatives allowed to curb and gutters for most residential street sections? Start at the Source ; SCVURPPP materials; state BMP Handbooks. Currently being updated. b. Are there established design criteria or guidance for swales that can provide stormwater quality treatment (i.e., dry swales, biofilters, or grass swales)? Yes SECTION II: Subsection C: Parking II.9. Parking Ratios a. Are parking requirements set as maximum or median (rather than minimum) requirements? Final M-10

11 b. Is the minimum parking ratio for a professional office building (per 1,000 sq. ft. of gross floor area) less than 3.0 spaces? c. Is the minimum required parking ratio for shopping centers (per 1,000 sq. ft. gross floor area) 4.5 spaces or less? d. Is the minimum required parking ratio for single family homes (per home) less than or equal to 2.0 spaces? Final M-11

12 II.10. Parking Codes a. Is the use of shared parking arrangements promoted? b. Are model shared parking agreements provided? c. If mass transit is provided nearby, is the parking ratio reduced? II.11. Parking Lots a. Can pervious materials be used for overflow or spillover parking areas? Final M-12

13 b. Is the minimum stall width for a standard parking space 9 feet or less? c. Is the minimum stall length for a standard parking space 18 feet or less? d. Are at least 30% of the spaces at larger commercial parking lots required to have smaller dimensions for compact cars? Final M-13

14 II.12. Structured Parking a. Are there any incentives to developers to provide parking within garages rather than surface parking lots? II.13. Parking Lot Runoff a. Is the routing of runoff to bioswales encouraged in parking lot design or within landscaped areas along roadways? b. Is a minimum percentage of a parking lot required to be landscaped? Final M-14

15 II.14. Residential Driveways a. Is the minimum driveway width specified in the community 9 feet or less (one lane) or 18 feet (two lanes)? b. Can pervious materials be used for single family home driveways (e.g., grass, gravel, porous pavers, etc.)? c. Can a "Hollywood driveway," or "two track," design be used at single family driveways? d. Are shared driveways permitted in residential developments? Final M-15

16 SECTION III: Requirements for Drainage Design III.1. Stormwater Outfalls & Drainage Design a. Is storm water required to be routed through a filtration or infiltration device to improve its quality prior to discharge?? Partial None - will be covered by municipalities' implementation of Provision C.3 requirements for treatment controls in development projects. Pollution is not allowed: District can place COAs on permit approval. Ordinance Section 6.1 The pollution of the water supplies of the District, whether in surface streams, reservoirs or conduits of any kind, or of groundwater, by any direct or indirect means whatever, including the deposit of polluting matter of any kind upon the banks of a watercourse, lake or reservoir where the same may reach or affect such water supplies, and including the discharge of polluting storm waters or sanitary sewage, is prohibited. Ordinance Section 7.3. After investigation the District shall approve, approve conditionally, or disapprove the application or improvement plans on the basis of such investigation. If a permit is granted, it shall state the conditions subject to which it is granted. b. Does a floodplain management ordinance that restricts or prohibits development within the 100 year floodplain exist? Yes, partially; although developmen t decisions rest with municipalitie s District staff should continue to work with municipalities to get District staff input to developers prior to the CEQA review process; perhaps by participation in design-review meetings, etc. to save developer time, money, and confusion. Ordinance Section 15. Flood Control Responsibility 5.4: Flood control facilities serving a watershed area of 320 acres shall have a design capacity to convey safely the one percent flood plus freeboard. The standard, however may be lowered to be consistent with land use designations of city or county land use master plans. Freeboard design criteria shall be established by the District based upon accepted engineering practices. Section 6.2 Without having first secured a permit pursuant to Section 7 hereof, or other written approval from the District, it shall be unlawful after the effective date of this Ordinance for any person, firm, corporation, the County of Santa Clara, the Government of the United States and agencies thereof, the Government of the State of California and agencies thereof, or any municipal corporation or district to do or cause to be done any of the following: a. Construct or place any structure or perform any grading within a designated floodway between the banks of a watercourse, or within 50 feet of the top of such banks. Final M-16

17 continued..... b. Does a floodplain management ordinance that restricts or prohibits development within the 100 year floodplain exist? *Being a flood control agency, District staff can comment on CEQA projects, but municipalities control most of development decisions. District has tried to address the disconnect through symposiums (spring 2001) and working through SCVURPPP. c. Does the municipality promote limiting runoff to pre-development levels (e.g. through detention or retention, limits on impervious surface area, etc.)? The Water District has some flexibility to do so through None - will be covered by conditions of approval for Ordinance 83-2 permits for sites municipalities implementation within 50 feet of certain watercourses. of C.3.f requirements, i.e. the SCVURPPP Hydromodification Management Plan. d. Does the municipality's policies/guidance cover protection of streams from hydrologic impacts from development in a manner that avoids altering natural drainage systems? Yes "How to get a permit for Working Around Watercourses" A permit is required before you 1. Place any structure within 50 feet of the top of a creek bank or a levee. Structures include: buildings, pools, fences, decks, bridges or anything else having its foundation or support on the ground. 2. Trespass in any manner on district property unless it has been developed for public use. 3. Excavate, fill or grade None - will be covered by within 50 feet of a creek bank or levee. 4. Place an outlet for municipalities implementation discharging drainage water into a creek. 5. Landscape, remove plants, or install an irrigation system next to or within of C.3.f requirements, i.e. the the banks of a creek. 6. Encroach onto district property or SCVURPPP Hydromodification easement with any structure, fence, plants or other objects. Management Plan. Ordinance 83-2 Section 6.2 Without having first secured a permit pursuant to Section 7 hereof, or other written approval from the District, it shall be unlawful after the effective date of this Ordinance for any person, firm, corporation, the County of Santa Clara, the Government of the United States and agencies thereof, Final M-17

18 continued..... d. Does the municipality's policies/guidance cover protection of streams from hydrologic impacts from development in a manner that avoids altering natural drainage systems? the Government of the State of California and agencies thereof, or any municipal corporation or district to do or cause to be done any of the following: a. Construct or place any structure or perform any grading within a designated floodway between the banks of a watercourse, or within 50 feet of the top of such banks. b. Construct, place or maintain any structure or perform any grading upon a levee or on a District project. c. Excavate within a designated floodway, upon a levee, or upon or between the banks of a watercourse or District project. d. Deposit material or any kind within a designated floodway, upon a levee, or District project, or upon or within the banks or a watercourse. e. Construct or place any outlet for discharging drainage waters within a designated floodway, upon or within the banks of a watercourse, or District project. f. Plant any form of flora upon or within the banks of a watercourse or a District project. e. Are there design criteria for stormwater best management practices? Yes Start at the Source ; SCVURPPP materials; state BMP Handbooks. Currently being updated. Final M-18

19 f. Is pretreatment required before stormwater can be discharged into a jurisdictional wetland, sole source aquifer or sensitive area? Partial Not specified in resources. Pollution is not allowed: District can place COAs on permit approval. Ordinance Section 6.1 The pollution of the water supplies of the District, whether in surface streams, reservoirs or conduits of any kind, or of groundwater, by any direct or indirect means whatever, including the deposit of polluting matter of any kind upon the banks of a watercourse, lake or reservoir where the same may reach or affect such water supplies, and including the discharge of polluting storm waters or sanitary sewage, is prohibited. g. Does the municipality have or require drainage policies, standard specifications, and details to allow for infiltration of stormwater and separation of directly-connected impervious areas? Yes District could develop GIS or other easily-accessible maps giving municipalities and developers easy access to know where groundwater areas are to help municipalities meet the District's drainage policies regarding infiltration in order to facilitate protecting both streams and groundwater. District has specific requirements for SWIDs (Storm water infiltration devices) to protect groundwater quality. Pollution is not allowed: District can place COAs on permit approval. Ordinance 83-2 Section 6.1 The pollution of the water supplies of the District, whether in surface streams, reservoirs or conduits of any kind, or of groundwater, by any direct or indirect means whatever, including the deposit of polluting matter of any kind upon the banks of a watercourse, lake or reservoir where the same may reach or affect such water supplies, and including the discharge of polluting storm waters or sanitary sewage, is prohibited. also has policies to protect groundwater supplies from infiltration wells. Ordinance 90-1 ( Permits/Ordinance_90-1.shtm#section5) Section 6.1 When Permit Required: No person shall dig, bore, drill, deepen, modify, repair, or destroy a water well, cathodic protection well, observation well, monitoring well, or any other excavation that may intersect ground water without first applying for and receiving a permit as provided in this ordinance unless exempted by law. District has specifications via SCVURPPP. Final M-19

20 h. Does the municipality's CEQA checklist address stormwater and hydrologic impacts? Not enough information A copy of the District's CEQA checklist for capital improvement projects was not provided. staff review CEQA projects and provide comments to lead agencies. Due to the mission of the, the comments address stormwater and hydrologic impacts typically. SECTION IV: Other Stormwater Pollution Controls Required by SCVURPPP Permit a. Does the municipality discourage the use of herbicides and pesticides on cityowned properties? No Address under District's Pesticide Management Plan (per Permit Provision C.9.a) Not specified in the resources provided. A permit is required (83-2) before one landscaped, remove plants, or irrigates next to or within the banks of a creek. Under provision 7.3 of Ordinance 83-2 the District could place conditions discouraging use of herbicides/pesticides. Not clear whether this is occurring. Website for permits does not discourage. ( mits/working_around_watercourses.shtm) b. Does the municipality discourage the use of pesticides and/or encourage pestresistant landscaping at new developments? Yes, partial In the updated "Water Resources Protection Ordinance," may wish to consider specifically discouraging the use of herbicides and pesticides along creeks. Engineering Review Procedure. I. The assigned engineer reviews the submittal for permit under Water Resources Protection Ordinance B...Other issues to consider 5. Urban runoff pollution prevention where not covered under other sections. These include pollutants from landscaping (pesticides, fertilizers), parking lots and other transportationrelated activity (oil and grease, metals, sediments) construction (sediments, equipment fluids, construction wastes, concrete washout). c. Does the municipality have policies, procedures and/or ordinances for eliminating mercury from controllable sources (e.g., identify mercury-containing products and schedule for phase out)? No Consider developing internal policies and procedures for phasing out mercurycontaining products, as appropriate. Not specified for internal District policies. Final M-20

21 d. Does the municipality have policies or other guidance to encourage recycling of fluorescent lights and/or to establish "take back" programs for public collection of mercury-containing household products? No Not specified for internal District policies. Support the efforts of SCVURPPP. Consider offering guidance encouraging recycling on webpage or other public outreach materials. SECTION V: Natural Resource Protection/Restoration SECTION V: Subsection A. Stream Buffers V.1. Buffer Systems a. Is there a stream buffer ordinance/policy/guidelines in the community? Yes "How to get a permit for Working Around Watercourses" A permit is required before you 1. Place any structure within 50 feet of the top of a creek bank or a levee. Structures include: buildings, pools, fences, decks, bridges or anything else having its foundation or support on the ground. 2. Trespass in any manner on district property unless it has been developed for public use. 3. Excavate, fill or grade within 50 feet of a creek bank or levee. 5. Landscape, remove plants, or install an irrigation system next to or within the banks of a creek. 6. Encroach onto district property or easement with any structure, fence, plants or other objects. Ordinance 83-2 Section 6.2 Without having first secured a permit pursuant to Section 7 hereof, or other written approval from the District, it shall be unlawful after the effective date of this Ordinance for any person, firm, corporation, the County of Santa Clara, the Government of the United States and agencies thereof, Final M-21

22 continued.... a. Is there a stream buffer ordinance/policy/guidelines in the community? the Government of the State of California and agencies thereof, or any municipal corporation or district to do or cause to be done any of the following: a. Construct or place any structure or perform any grading within a designated floodway between the banks of a watercourse, or within 50 feet of the top of such banks. b. Construct, place or maintain any structure or perform any grading upon a levee or on a District project. c. Excavate within a designated floodway, upon a levee, or upon or between the banks of a watercourse or District project. d. Deposit material or any kind within a designated floodway, upon a levee, or District project, or upon or within the banks of a watercourse. e. Construct or place any outlet for discharging drainage waters within a designated floodway, upon or within the banks of a watercourse, or District project. f. Plant any form of flora upon or within the banks of a watercourse or a District project. g. Trespass in any manner whatsoever including the driving of vehicles on any property in which the District owns a fee simply interest or on which the District owns an exclusive easement for flood control, drainage or water conservation or distribution purposes, except such areas as have been opened to and developed for public recreational or other use. b. If so, is the minimum buffer width (from top of bank ) 75 feet or more? No "How to get a permit for Working Around Watercourses" A permit is required before you 1. Place any structure within 150 feet of the top of a creek bank or a levee. Structures include: buildings, pools, fences, decks, bridges or anything else having its foundation or support on the ground. 2. Trespass in any manner on district property unless it has been developed for public use. 3. Excavate, fill or grade within 150 feet of a creek bank or levee. 5. Landscape, remove plants, or install an irrigation system next to or within the banks of a creek. 6. Encroach onto district property or easement with any structure, fence, plants or other objects. Final M-22

23 c. Is expansion of the buffer to include freshwater wetlands, steep slopes or the 100-year floodplain required? Yes Ensure that the definition of designated floodway includes the 100 year floodplain. Ordinance 83-2 Section 6.2 Without having first secured a permit pursuant to Section 7 hereof, or other written approval from the District, it shall be unlawful after the effective date of this Ordinance for any person, firm, corporation, the County of Santa Clara, the Government of the United States and agencies thereof, the Government of the State of California and agencies thereof, or any municipal corporation or district to do or cause to be done any of the following: a. Construct or place any structure or perform any grading within a designated floodway between the banks of a watercourse, or within 50 feet of the top of such banks. b. Construct, place or maintain any structure or perform any grading upon a levee or on a District project. c. Excavate within a designated floodway, upon a levee, or upon or between the banks of a watercourse or District project. d. Deposit material or any kind within a designated floodway, upon a levee, or District project, or upon or within the banks of a watercourse. e. Construct or place any outlet for discharging drainage waters within a designated floodway, upon or within the banks of a watercourse, or District project. g. Trespass in any manner whatsoever including the driving of vehicles on any property in which the District owns a fee simply interest or on which the District owns an exclusive easement for flood control, drainage or water conservation or distribution purposes, except such areas as have been opened to and developed for public recreational or other use. Final M-23

24 V.2. Buffer Maintenance Note: If you do not have stream buffer requirements in your community, circle. a. Does the stream buffer ordinance specify that at least part of the stream buffer be maintained with native vegetation? No In the updated "Water Resources Protection Ordinance," include language encouraging use of native vegetation and outline allowable uses within the permit coverage area. "How to get a permit for Working Around Watercourses" A permit is required before you 5. Landscape, remove plants, or install an irrigation system next to or within the banks of a creek. b. Does the stream buffer ordinance outline allowable uses within the buffer? Partial See above. "How to get a permit for Working Around Watercourses" A permit is required before you 1. Place any structure within 50 feet of the top of a creek bank or a levee. Structures include: buildings, pools, fences, decks, bridges or anything else having its foundation or support on the ground. 2. Trespass in any manner on district property unless it has been developed for public use. 3. Excavate, fill or grade within 50 feet of a creek bank or levee. 5. Landscape, remove plants, or install an irrigation system next to or within the banks of a creek. 6. Encroach onto district property or easement with any structure, fence, plants or other objects. Final M-24

25 c. Does the ordinance specify enforcement and education mechanisms? SECTION V: Subsection B: Open Space V.3. Cluster/Open Space Design a. Are open space or cluster development designs allowed/required in the community? If your answer is NO, circle for the remaining parts of this question. Yes "How to get a permit for Working Around Watercourses" If you perform any work or alteration within 50 feet of a watercourse without a permit, then you will be in violation of the Santa Clara Valley Water District's ordinance. You may be subject to civil penalties, and you will be responsible for removing the encroachment, structure or debris and returning the watercourse to its previous condition. The District's website provides information about the importance of creeks and water quality, and provide educational information on the permits needed for work performed around watercourses. The full text of Water Resources Protection Ordinance and 90-1 are available on the website. b. Is land conservation, impervious cover reduction, or other types of water quality protection a major goal or objective to the open space design guidance? Final M-25

26 c. Are flexible site design criteria available for developers that preserve open space and utilize cluster design options (e.g., setbacks, road widths, lot sizes)? d. Are the submittal or review requirements for cluster development/open space design less than or equal to those for conventional development? V.4. Open Space Management Circle for these questions and skip to question No. V.5 if open space, cluster, or conservation developments are not allowed in your community. a. Does the community have enforceable requirements to establish community associations or third party administrator (e.g. land trust or park) that can effectively manage open space? b. Are open space areas encouraged to be consolidated into larger units? c. Does a minimum percentage of open space near sensitive areas have to be managed in a natural condition? Yes The District requires those working within 50 feet of a watercourse to obtain a permit. See Ordinance 83-2 above. Final M-26

27 d. Are allowable and unallowable uses for open space in residential developments defined? e. Are erosion and sediment control policies incorporated for off-road vehicle or trail use? f. Does the community encourage minimization of impervious surface areas in recreational open space areas? Yes Yes / No / The District participates in the BASMAA Operational Permits Committee and has a copy of the OPC's BMP manual which has erosion and sediment control BMPs for stream maintenance access. The District also has a multi-year stream maintenance plan which incorporates erosion and sediment control policies. Not specified in the resources provided. V.5. Policies to Promote Urban Boundaries a. Does your municipality contain policies outlining an ultimate buildout boundary/description to encourage contiguous growth within the planning area? b. Does your municipality encourage distinct low-impervious buffers between cities (e.g., greenbelts, open space, wildland corridors, agricultural areas)? The Water District encourages low-impervious buffers along creeks. See Ordinance Final M-27

28 SECTION V: Subsection C: Resource Conservation V.6. Native Vegetation and Tree Conservation a. If specimen trees or forests or native vegetation are present at development sites, does some of the vegetation have to be preserved? Yes / Yes native / No / Consider specifying promotion of preserving native vegetation/trees/riparian vegetation in the updated "Water Resources Protection Ordinance." Not specified in the resources provided. District could require preservation through permit conditions for Ordinance b. Are the limits of disturbance shown on construction plans adequate for preventing clearing of natural vegetative cover during construction? Yes / No / c. Is tree canopy coverage promoted (e.g. street trees)? Yes / No / Not specified in the resources provided. d. Is native or pest-resistant vegetation promoted for use in landscaped areas such as street ROW, parking lot islands, etc.? Final M-28

29 V.7. Land Conservation Incentives a. Are there any incentives to developers or landowners to conserve non-regulated land (open space design, density bonuses, stormwater credits or lower property tax rates)? Yes, partial Developers can avoid getting a permit from the is they do not place any structures within 50 feet of the top of bank of a creek or levee (see Ordinance 93-2). Avoiding this extra step could pose an incentive. "How to get a permit for Working Around Watercourses" A permit is required before you 1. Place any structure within 50 feet of the top of a creek bank or a levee. Structures include: buildings, pools, fences, decks, bridges or anything else having its foundation or support on the ground. 2. Trespass in any manner on district property unless it has been developed for public use. 3. Excavate, fill or grade within 50 feet of a creek bank or levee. 5. Landscape, remove plants, or install an irrigation system next to or within the banks of a creek. 6. Encroach onto district property or easement with any structure, fence, plants or other objects. b. Is there flexibility to meet regulatory or conservation restrictions (density compensations, buffer averaging, transferable development rights, off-site mitigation) offered to developers? c. Are applicants encouraged to define the development envelope in their site designs, including the identification of protected areas such as existing trees, steep slopes, erosive soils, riparian areas setbacks, easements, etc.? Yes For sites where structures will be constructed within 50 feet of the top of creek bank or levee. Final M-29

30 SECTION VI: Policies to Limit Auto Use/Promote Alternative Transportation VI.1. Policies to Promote Alternative Transportation a. Does the municipality promote comprehensive pedestrian and bike trail corridors through a well-connected network of streets and pathways? b. Are there policies to promote convenient regional and local linking of mass transit opportunities? c. Does the municipality participate in and locally support a regional transportation process? d. Does the municipality promote arranging mass transit with higher density, mixed-use land uses and activity centers? e. Does the municipality offer flexibility or incentives to promote reduced number of car trips via carpooling, telecommuting or delivery services? f. Does the municipality consider ease of access to freight routes when planning or zoning for commercial/industrial areas? Final M-30

31 g. Does the municipality promote neighborhood greenbelts with walkways and bikepaths? h. Do street standards promote street layouts that reduce overall impervious surface area and/or trip length? SECTION VII: Policies to Promote Regional/Watershed-based Planning and Zoning VII.1 Watershed-based Planning & Zoning a. Does the municipality have policies to work with other jurisdictions in the watershed and/or subwatershed to identify watershed resources and to develop coordinated plans and regulations based on a collaborative watershed-based planning strategy to guide growth and protect prioritized resources? Yes The Water District is involved in the Santa Clara Valley Urban Runoff Pollution Prevention Program and the SCBWMI. Final M-31

32 b. Does the General Plan outline a watershed-based or ecosystem-based planning approach? c. Are watershed-based zoning options (e.g. overlay districts, performance zoning, incentive zoning, imperviousness overlay zoning, or planned development zoning) available? Engineering Review Procedure. I. The assigned engineer reviews the submittal for permit under Ordinance 83-2 A. Facts in review. Will the proposed project or activity: 1. impede, restrict, retard, pollute or change the direction of the flow of water? 2. catch or collect debris carried by waters? 3. be located where natural flood waters will damage or carry any structure or any part thereof downstream? 5. resist erosion and siltation, and prevent entry of pollutants and contaminants into watercourses? 6. interfere with maintenance responsibility or with structures placed or erected for flood protection, water conservation, or water distribution? B. Other issues to consider 5. Urban runoff pollution prevention where not covered under other sections. These include pollutants from landscaping (pesticides, fertilizers), parking lots and other transportation-related activity (oil and grease, metals, sediments) construction (sediments, equipment fluids, construction wastes, concrete washout). d. Does the municipality's CEQA checklist, or the municipality's definition of "cumulative impacts," consider overall watershed planning goals? e. Does the municipality promote coordination with other municipalities in the region to consolidate open space planning? Final M-32

33 f. Does the municipality have a mechanism to prepare a specific plan in conjunction with flood control planning and watershed planning to minimize and address changes to the hydrograph resulting from development? The District's Ordinance 83-2 is a tool that could be used to help minimize and address changes to the hydrograph on a limited basis. District staff could also provide input on city and county specific plans from a flood control and watershed planning perspective. Engineering Review Procedure. I. The assigned engineer reviews the submittal for permit under Ordinance 83-2 A. Facts in review. Will the proposed project or activity: 1. impede, restrict, retard, pollute or change the direction of the flow of water? 2. catch or collect debris carried by waters? 3. be located where natural flood waters will damage or carry any structure or any part thereof downstream? 5. resist erosion and siltation, and prevent entry of pollutants and contaminants into watercourses? 6. interfere with maintenance responsibility or with structures placed or erected for flood protection, water conservation, or water distribution? B. Other issues to consider 5. Urban runoff pollution prevention where not covered under other sections. These include pollutants from landscaping (pesticides, fertilize Notes: This worksheet was adapted with appreciation from the Center for Watershed Protection's "Code and Ordinance Worksheet" in Better Site Design: A Handbook for Changing Development Rules in Your Community (Aug. 1998). Unlike the Center for Watershed Protection s worksheet, this worksheet does not contain a point system for rating the municipalities. The questions are in no particular order and some categories have more questions than others. Consequently, one will not be able to simply add up the number of yes answers and claim that one municipality is doing better or worse than another. Those questions in bold are relevant to implementation of Provision C.3 of SCVURPPP's NPDES permit. * Ordinance 83-2 was reviewed in evaluation of the 's current policies. Recommendations were made in light of the upcoming amendment to Ordinance 83-2 which is to be renamed the "Water Resources Protection Ordinance". The draft "Water Resources Protection Ordinance was not used to evaluate policies because at the time of the analysis, decisions on many issues were still pending. Final M-33