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.) NDCC - 1 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 NDCC - 2 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. NDCC - 3 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). NDCC - 4 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. NDCC - 5 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. NDCC - 6 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 NDCC - 7 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: NDCC - 8