NEW DEVELOPMENT & CONSTRUCTION CONTROLS
NEW DEVELOPMENT & CONSTRUCTION CONTROLS
QUALITATIVE RESULTS
Municipality: City of Lafayette
Permit Year: (2008/2009)
Introduction:
The City of Lafayette’s NDCC program aims to minimize adverse water quality impacts
associated with land development activities. This is achieved by: 1) prohibiting nonstormwater discharges from construction sites, 2) reducing stormwater pollutant
discharges from areas of new and redevelopment, 3) managing post-construction runoff
to minimize erosion damage to creeks, and 4) incorporating stormwater quality controls
into development plan review and permit processes.
This has been the fourth full year of implementation of the Provision C.3 development
standards. For a detailed reporting on C.3 implementation activities undertaken by the
Group Program, refer to Volume I, Section 3 of this Annual Report. In addition to the
activities undertaken by the Group Program, Christine Sinnette, Senior Planner, is a
member of the Group Program’s C.3 Implementation Work Group. The Work Group
has been involved in providing guidance to co-permittees on compliance with C.3
provisions including updating the Program’s Stormwater C.3 Guidebook.
In an effort to provide education materials to developers, owner/builders, and other
members of the public, the City’s website (www.ci.lafayette.ca.us) has been enhanced
to provide homepage quick links to information on creeks, stormwater pollution
prevention, and C.3 regulations. The stormwater pollution prevention page contains
links to the construction industry BMP pamphlets and the City’s “Minimum Construction
Site Management Practices for Storm Water Pollution Prevention” and “Guidelines for
Implementation of New Development and Construction Stormwater Quality Controls”.
(These documents were submitted with the 2005/2006 annual report as Attachments
ND-1 and ND-2, respectively.) The C.3 page includes Lafayette-specific additions to
Appendix A of the Stormwater C.3 Guidebook such as compliance for subdivisions and
stormwater facilities operations and maintenance agreement and links to the Program’s
website for further information on C.3 provisions and the Stormwater C.3 Guidebook.
Lafayette continues to refine its procedures for reviewing development projects to
ensure compliance with our NPDES permit and minimize adverse water quality impacts.
City staff is using the review checklist developed in 2006 to document the site planning,
design, and structural control measures used in development projects to ensure that the
maximum extent practicable standard is achieved. (See 2006/2007 Annual Report,
Attachment ND-1 for checklist.) Staff is also applying the comprehensive list of
standard conditions of approval for stormwater quality for approved development project
developed in 2006. (See 2006/2007Annual Report, Attachment ND-2 for the list of
conditions.)
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This is the fourth year of implementation of C.3 provisions. Since the majority of
development projects are residential additions or new homes on infill lots, there are few
projects that meet even the Group 2 criteria. However, in order to better track these
projects, the Planning Services Division database has been modified to track project
applications that meet the Group 1 or Group 2 trigger and require stormwater control
plans.
Implementation & Evaluation:
Measures and Policies to Implement Provision C.3 (NDCC-1 through 4 and Provisions
C.3b, e, g, j, k, l, and m)
The City’s General Plan (revised in 2002) includes goals and policies to improve water
quality by enforcing the municipal code prohibiting polluted discharges, and requiring
new and redevelopment projects to include controls to reduce stormwater pollution in
conformance with the City’s Stormwater Management Program and NPDES permit. No
General Plan amendments are needed to allow for implementation of C.3 provisions.
No amendments or revisions to existing ordinances are necessary.
In 2005, Chapter 5-4, Storm Water Pollution Prevention Regulations, Lafayette
Municipal Code, was revised to incorporate C.3 provisions and the requirement for a
stormwater control plan. Lafayette’s application submittal requirements for development
projects were revised to require the preparation of stormwater control plans in
accordance with Chapter 5-4 and the criteria in the Stormwater C.3 Guidebook.
Engineering staff is responsible for coordinating inspections and review using existing
construction stormwater compliance inspectors. Construction inspectors use the
Program’s model Stormwater Treatment Facilities Inspection Checklist when inspecting
stormwater facilities during installation. The City’s program for verifying operation and
maintenance (O&M) of stormwater treatment facilities follows the guidance contained in
the Fourth Edition, Stormwater C.3 Guidebook, Chapter 5, “Operation & Maintenance of
Stormwater Facilities.” Each project owner is required to enter into an agreement
codifying their responsibility for O&M performance and reporting. The City requires
annual inspections with follow-up reporting to the City Engineer using the Program’s
Stormwater Facility Operation and Maintenance Inspection Report. The City will
perform O&M activities if the project owner fails to comply with the agreement with
associated costs placed as liens on the property. In order to ensure that property
owners conduct proper inspections and maintenance, Lafayette added the following
requirement to the model O&M agreement this year:
“For the first three years after acceptance of the completed development
located on the property, Property Owner’s inspection and reporting
obligations under this section shall be secured by a cash deposit to the
City in the amount of $5,000.00. The cash deposit shall be refunded to
Property Owner at the end of those three years if Property Owner has
timely complied with its inspection and reporting obligations for each of
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those years. Each failure to conduct an inspection and submit the report
in a timely manner shall result in an extension by an additional three years
of the period before Property Owner may be refunded its cash deposit.”
In 2004, staff of the Community Development Department met to review site design
measures and engineering standards for compliance with Provision C.3.j. Our focus
was on determining where conflicts between our site design standards and the ability to
incorporate or encourage site design measures that reduce water quality impacts in
project design exist.
Since most of Lafayette’s design standards are already
environmentally sensitive, it was determined that no overarching changes to our design
standards are needed. This continues to be the case. Compliance with C.3 provisions
are being adequately addressed through pre-application direction to applicants, use of
the Stormwater C.3 Guidebook, and conditions of approval.
Regardless of whether or not a development project is required to submit a stormwater
control plan, Lafayette encourages, and sometimes requires, the use of source control
BMPs. In addition to the source control measures identified in Table 1 of the City’s
“Guidelines for Implementation of New Development and Construction Stormwater
Quality Controls” handout, applicants are directed to Appendix D, “Pollutant
Sources/Source Control Checklist” in the Stormwater C.3 Guidebook for additional
guidance.
The City follows California Environmental Quality Act (CEQA) procedures to expedite
permit processing for all development applications, including encouraging preliminary
project review by staff and considering the use of mitigated negative declarations,
focused Environmental Impact Reports (EIRs), and other procedures where
appropriate. All discretionary projects are reviewed for compliance with CEQA. The
City of Lafayette Initial Study Checklist is modeled after the one developed by the
Governor’s Office of Planning and Research and included as Appendix G in the State
CEQA Guidelines. Lafayette’s Initial Study Checklist was revised in FY 03/04, which
includes the questions posed by Provision C.3.m.
Development Plan Review and Permitting (NDCC-5 through 11 and NDCC-13
Municipal capital improvement projects mainly involve resurfacing of existing streets
and replacement in kind of existing storm drain pipes and catch basins, with no change
in drainage patterns or capacity of the system. These projects are maintenance in
nature and have limited opportunities for post-construction storm water enhancement
measures. However, during construction, the City strictly enforces its contract
provisions related to storm water management practices, including those outlined in the
Construction Site BMP Plan Sheet and BMPs for the Construction Industry Pamphlet.
The City’s project inspector and resident engineers are responsible for enforcement.
See the quantitative results table for a summary of enforcement actions taken by the
City.
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Lafayette requires developers and owners/builders to control potential stormwater
quality impacts of their projects. For private development projects, the City Planning
Services Division recommends pre-application meetings for projects so those with
significant stormwater pollution potential can be identified early in the planning process.
Regardless of whether or not a project is a Group 1 or 2 project, applicants are referred
to Chapter 4, “Low Impact Development Design Guide” of the Stormwater C.3
Guidebook, the source control measures contained in Appendix D, and to Lafayette’s
handout “Guidelines for Implementation of New Development and Construction
Stormwater Quality Controls”. (See 2005/2006 Annual Report, Attachment ND-2 for the
handout.)
When development or construction plans are submitted, they are referred to the
appropriate technical staff to ensure that appropriate site planning, design, and postconstruction BMPs are included. (References such as Start at the Source and the
California State BMP handbooks are also used as a guide). Pre- construction impacts
of the project are also reviewed.
Standard conditions of approval are used to implement the Performance Standards
during the plan review and permitting process. Conditions related to design, operation,
grading, soils and geology, hydrology, and improvements are imposed as necessary.
Any project incorporating permanent stormwater facilities such as bioretention facilities,
flow-through planters, dry wells and infiltration basins must receive approval of an O&M
program. An O&M agreement must be recorded prior to commencement of the project
so future property owners are aware of their responsibility for maintaining and
inspecting stormwater facilities.
In the process of developing conditions of approval or other guidelines for development
and implementation of water quality protection measures, the City relies on the
Stormwater C.3 Guidebook, and other sources such as the California Storm Water Best
Management Practice Handbooks, Start at the Source, and Erosion and Sediment
Control Field Manual. The Contra Costa Clean Water Program’s model development
conditions of approval are also incorporated into the City’s standard conditions. If a
project is approved, each condition must be satisfied or implemented prior to building
permit issuance, prior to final inspection or occupancy, or as an ongoing or postconstruction condition. Construction erosion control plans are required for projects
anticipated to be open after the rainy season begins. Construction site pollution
prevention practices are required and inspected year round.
Prior to City issuance of a building permit for development projects subject to the
General Construction Activity Storm Water Permit, the developer is required to submit a
copy of the Notice of Intent (NOI) sent to the State Water Resources Control Board and
the Stormwater Pollution Prevention Plan (SWPPP) prepared for the project. Two
projects were subject to the State’s General Construction Permit this fiscal year.
Notices of Intent were processed for a three-lot subdivision (WDID #2 07C354495) and
single family dwelling with outbuildings (WDID #2 07C354968).
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Four development applications subject to C.3 regulations were approved this fiscal year,
1) A 20-unit multi-family project (Lafayette Terrace) in July 2008, 2) a 46-unit senior
housing project (Eden Housing) in November 2008, 3) a 6,300 square foot single family
dwelling with 5,800 square feet of outbuildings (Connolly) in November 2008, and 4) a
5,800 square foot single-family dwelling (Wu) in June 2009. Only one, Connolly, has an
approved stormwater control plan and is under construction. No development projects
have been granted an exemption pursuant to Provision C.3.g. No municipal capital
improvement projects have met the C.3 thresholds. For a detailed listing and review of
projects subject to C.3, see Volume 1, Section 3 in the Group Program Annual Report.
Erosion and Sediment Control & Construction Site Fields Inspections (NDCC-12
through 19)
The City of Lafayette contracts with the Contra Costa County Building Inspection
Department (CCCBID) to perform building code plan-check and inspection services.
CCCBID reported 37 construction projects within the City during the past year and one
City construction site, the Lafayette Library and Learning Center. Details of numbers of
inspections during the dry and rainy season, enforcement actions, and educational
materials distributed are included in the quantitative results tables in the detailed New
Development & Construction Controls section of the annual report. The CCCBID reports
that verbal enforcement has been effective to gain compliance with best management
practices to control erosion and sediment at construction sites under their inspection
review. See Attachment ND-1 and Attachment ND-2 in the 2007/2008 annual report for
sample handouts distributed by the CCCBID to construction sites within the City. See
Attachment ND-3 in the 2007/2008 annual report for a copy of the rainy season
reminder and pre-rainy season construction site inspections comments and
observations at the Lafayette Library & Learning Center construction site.
Coordination with the Contra Costa County Flood Control & Water Conservation District
(FCD) (NDCC-20 & 21)
Coordination with the FCD is implemented through the Contra Costa Clean Water
Program; see Volume I of the annual report. The New Development & Construction
Controls Committee of the Program, on behalf of all co-permittees, continues
discussions with the FCD concerning policies regarding the operation and maintenance
of new flood control facilities to maximize stormwater quality control benefits.
Education Activities
The Contra Costa Building Inspection Department distributes a copy of the Regional
Water Control Board Field Manual, BMPs aid literature, and pre-rainy season letters
informing each construction site of their obligations and requirements to comply with the
City’s NPDES permit. Other resources are available upon request to the County
Building Inspection Department. Attachments of these documents were included in the
2005/2006 annual report NDCC attachments section.
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Committee Meetings and Workshops
Senior Planner Christine Sinnette is liaison to the Program’s New Development and
Construction Controls Committee for the City of Lafayette. The Water Board/Clean
Water Program Inspection workshop was attended by Donna Feehan, City of Lafayette
Public Works Administrative Analyst.
Modifications:
No performance standards were modified or added this year and none are expected to
be modified or added next year.
Fiscal Year 2008/2009 Goals:

Closely monitor potential Group 2 projects and work with applicants to ensure
that C.3 provision requirements are incorporated early in the planning stage.

Meet with Contra Costa County Lamorinda Building Inspection Office
construction inspector at end of rainy season to discuss inspection procedures,
identify any problems with compliance, and evaluate appropriateness of BMPs
used.

Continue to track O&M inspections electronically.

Revise development application submittal requirements to address new
information and data collection required pursuant to the Revised Tentative
Order/Municipal Regional Stormwater NPDES Permit.

Cross-train City staff to help in the implementation of the Revised Tentative
Order/Municipal Regional Stormwater NPDES Permit.
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NEW DEVELOPMENT & CONSTRUCTION CONTROLS – QUANTITATIVE RESULTS
Description
Industrial
Projects
Commercial
Projects
Residential
Projects
Total
Construction Site Erosion and Sediment Control
Number of Construction Projects1
2
35
37
2
35
37
2
1
3
Number of Pre-Rainy Season Construction Site
Inspections Conducted and Reported to the San
Francisco Bay and/or Central Valley Regional
Water Quality Control Board(s)
2
25
27
Total Number of Rainy Season Inspections
Conducted
4
75
79
Average Number of Rainy Season Inspections
Conducted Per Site4
2
3
Number of Rainy Season Inspections to the
Least Visited Site
2
3
Number of Rainy Season Inspections to the Most
Visited Site
2
3
Number of Dry Season Inspections Conducted
4
45
49
4
8
12
Number of Construction Projects that were
inactive or active during the rainy season2
Number of Projects Requiring (a) Proof of
Coverage under the State’s General
Construction Permit3
0
Number of Enforcement Actions Taken:
Written Corrective Measures
Note: Verbal enforcement is done on a
constant basis with effective on-site
compliance to verbal requirements.
1Construction
projects requiring a grading permit and/or an erosion and sediment control plan.
projects requiring a grading permit and/or erosion and sediment control plan, which were either
inactive or active during the rainy season. The rainy season is October 15 th to April 1st, or as defined by agency’s
local ordinance.
3 Construction projects resulting in a land disturbance of one (1) acre or more.
4 The average number of rainy season inspections conducted is calculated by dividing the “Total Number of RainySeason Inspections Conducted” by the total “Number of Construction Sites that were inactive and active during the
rainy season.”
2Construction
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Description
Industrial
Projects
Notices to Comply
Commercial
Projects
Residential
Projects
Total
1
2
3
-
-
-
91
93
Stop Work Orders
Notices of Violation
Fines
Other:
Education Activities
Number of New Development and Construction Control Education Materials Distributed:
BMP’s for the Construction Industry
Pamphlet
2
“Blueprint for a Clean Bay” Booklet
0
“Builders Guide to Reuse and Recycling”
105
“Start at the Source” Manual
0
Construction Site BMP Plan Sheet
35
“Yes” / “No” 5x8 Cards
Other: Copies of the RWQCB field manual
(BMPs and aid documents)
City of Lafayette compliance letter,
and pre-rainy season letter.
2
6
8
Number of Employees Attending Erosion & Sediment Control/Construction-Phase Controls Training/Workshops:
Municipal Training/Workshops
Program Training/Workshops
Other:
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