New Development & Construction Controls

NEW DEVELOPMENT & CONSTRUCTION CONTROLS

NEW DEVELOPMENT & CONSTRUCTION CONTROLS

QUALITATIVE RESULTS

NDCC - 1

Municipality: City of OrindaPermit Year: (2007/2008)

Introduction:

Minimizing adverse water quality impacts associated with land development activities is the overall goal of the City of Orinda (the City). The City had the following goals for the New Development and Construction Controls (NDCC) Program this year:

Continue to ensure compliance with new requirements pertaining to C.3. For example, all planning and zoning applications that trigger C.3 will include a SCP demonstrating how C.3 compliance must be achieved.

Educate all permit applicants about BMPs and other requirements that protect water quality. The City will add other documents to the current copy of Blueprint for a CleanBay to all permit packets.

Continue training of Planning Department staff to enable them to effectively educate permit applicants about pollution prevention practices and C.3 requirements. The City will provide annual training for all staff in the Planning, Engineering and Public Works departments on C.3 and other new development issues. Training will be conducted using a PowerPoint presentation developed by the Program titled “Controlling Water Quality and Quantity Using Low Impact Development Integrated Management Practices”. This latter training was planned for the past fiscal year but due to time constraints was not accomplished.

Further educate the public through links on the City's website to BMP-related materials, permit application, and other relevant water quality protection-related materials. The City will be revamping its website to make it more user-friendly and this should facilitate applicant’s ability to access C.3 information.

Seek new opportunities to increase awareness of the water quality-related information that exists on the City's website, such as the Orinda Way newsletter, building permits, and privately-published local papers to maximize the education process.

Amend the City’s General Plan and Planning department forms and brochures (including CEQA review procedures) to reflect C.3 requirements, including implementation of the Hydrograph Modification Management Plan beginning October 14, 2006 and the reduction of C.3 treatment requirement threshold to 10,000 square feet of impervious surface.

Re-conduct its review and analysis of local design standards and guidance to identify standards and guidance that need revision.

Approximately 900 acres of vacant land are available for potential development in the City, the vast majority of which are in the residential sector. However, of this number, only approximately 400 acres are practical for residential development/redevelopment. Approximately 500 of the 900 acres may not be practical for development due to other issues (e.g., steeps slopes, easements, or other types of development restrictions). Aside from residential development on single vacant lots and a few minor subdivisions, four residential developments in the City are at various stages: the Wilder project (formerly Gateway Valley and Montanera), the Orinda Grove project (formerly Pine Grove), the Southwood Valley project, and the Stein Way Subdivision. Of the 400 vacant acres practical for development, the Wilder project will develop approximately 215 acres and the Southwood Valley project approximately 43 acres; the Orinda Grove project approximately 6 acres, and the Stein Way project approximately 15 acres.

In addition to the City's actions, the Clean Water Program (Program) undertook numerous C.3 implementation activities on behalf of the co-permittees, which are highlighted in Volume 1, Section 3 of this Annual Report. The Stormwater Program Manager or an Associate Planner attended C.3 Implementation Work Group meetings.

Wilder Project (formerly known as GatewayValley and Montanera). This project is described on page NDCC-2 of the NDCC section of the 2005-2006 Annual Report. In November 2005, the Orinda Planning Commission approved the Vesting Tentative Map (VTM) and Final Development Plan (FDP) for the Montanera Project in GatewayValley. These approvals followed several years and numerous public workshops and hearings held by the Planning Commission and City Council on the development agreement and environmental review of the development project. In March 2005, the Orinda City Council approved amendments to the development agreement for the Montanera project in GatewayValley and certified the Supplemental Environmental Impact Report (SEIR) for the proposed changes to the project. As approved, the project includes: 245 single-family residential units; five playfields; a community park; a recreation and maintenance yard, and associated parking; a community art and garden center; a private swim club; a network of trails within the development and in the open space areas surrounding the developed portions of the project; re-routing of the existing 115 kV Moraga-Claremont power line from an east-west alignment across the valley to a north-south alignment around the valley; and preservation of approximately 1,354 acres of open space. The Regional Water Quality Control Board (RWQCB) oversaw compliance with the C.3 requirements at this site. Grading activities began in June 2006 and continue at the time of this report. Grading activities ceased during the 2006-2007 and 2007-2008 rainy season. City of Orinda staff, primarily the Grading Insepctor and Stormwater Program Manager, spent a significant effort during the 2007-2008 winter season conducting pre-rainy and rainy season inspections of the project site, meeting with project staff and state officials to bring the site into compliance. Despite these efforts, illicit discharges did occur from the project site and are discussed below.

Orinda Grove Project (formerly Pine Grove). The Pulte Homes Corporation submitted a formal application in May 2005 to develop the 14.2-acre Pine Grove site and the adjacent 3.1-acre City-owned ball fields. The current development proposal contains 73 dwelling units, relocation of the City-owned ball fields to the west side of the project site and construction of a tot lot and 728-square foot restroom/storage facility, and construction of an approximately 8,700 square foot Orinda Union School District (OUSD) office building to replace the existing District offices on the site, and parking and pedestrian facilities. The application was deemed complete in November 2007. A draft and final Environmental Impact Report (EIR) have been completed. Certification of the final EIR was considered in January 2008 with three changes to the mitigation measures in the final EIR, but was not approved due to concerns raised regarding C.3 compliance and traffic circulation. In June 2008, Pulte Homes issued for consideration a revised design alternative which resolved stakeholder concerns regarding the location of the entrance way and emergency vehicle access roads into the project area. The developer is working to ensure that stormwater from roadways and impervious areas throughout the development are treated on site before being discharged to San Pablo Creek. The project requires treatment but not flow control of stormwater due to a decrease in impervious surface from pre-development conditions. The developer submitted draft Stormwater Control Plans in April and June 2007, which the Stormwater Program Manager as well as the Program’s C.3 consultant reviewed. Numerous meetings were held with municipal and Program staff to address concerns raised by a resident regarding C.3 aspects of project. Submittal of a revised SCP is pending approval of the revised design alternative.

SouthwoodValley Project. This project entails development of a 43-acre parcel with single-family residences. The average slope of the lot is nearly 31 percent and a creek runs through the property. The application had deemed incomplete at the time of this report. Technical studies in support of an EIR have been completed with the exception of the tree survey. The administrative draft EIR is anticipated to be ready for review by municipal staff in August 2008. Stormwater-related comments to the submittals have included the need for the developer to expand and update the drainage study to address C.3 requirements. The City’s biologist has mapped areas that might meet the City’s criteria for a stream or watercourse (a naturally-occurring incised channel or the presence of riparian-associated vegetation).

Stein Way Subdivision (Orinda Oaks). This project consists of a subdivision application to allow a parcel with a gross area of 23.3 acres to be subdivided into 12 lots. An Initial Study and Proposed Mitigated Negative Declaration was prepared for the project in September 2004, and adopted in written form by the City Council in April 2006. At the same time, the City Council found the project in compliance with the applicable standards of the Orinda Municipal Code with conditions of approval that include C.3 requirements. C.3 requirements include (1) submittal of a Stormwater Control Plan (SCP) prior to issuance of permits for building, site improvements, or landscaping and (2) execution of any agreements identified in the SCP that pertain to transfer of ownership and/or long-term maintenance of stormwater treatment or hydrograph

modification BMPs and submittal of an Operation and Maintenance Plan prior to building permit final and issuance of Certificate of Occupancy. Tentative map and improvement plans, including a SCP, are currently being reviewed by municipal staff.

A second smaller subdivision at 37 Parkway Court involves an approximate 4-acre parcel subdivided into 3 parcels. The Stormwater Program Manager discussed C.3 requirements with the developer’s engineer, specifically discussing the Program’s policy with respect to implementation of C.3 requirements for subdivisions. The developer is planning to construct stormwater treatment facilities for the three-lot subdivision prior to construction of any homes as the lots will be sold off individually. Final map and improvement plans, including a SCP, are currently being reviewed by municipal staff.

Educational materials are provided to developers, contractors, construction site operators, and owner/builders as part of the permit application process both at the Planning Department and County Building Inspection Department.

The designated representatives responsible for overall implementation of the New Development and Construction Controls component of the Stormwater Management Plan are Emmanuel Ursu (Planning Director) and Alan Parkman (Associate Planner) with the City's Planning Department, and Cathy Terentieff (Associate Engineer/ Stormwater Program Manager), Dave McIntire (Associate Engineer), and Janice Carey (City Engineer) of the City's Engineering Department. The efforts of these individuals to prepare the City and project applicants for the C.3 requirements are discussed in detail in the next section of this report.

During the third full year of C.3 implementation, the City continued working with developers on existing projects, namely Wilder, Orinda Grove, Stein Way, and 37 Parkway Court. In addition, it continued screening project applications that might fall under the new 10,000 square foot threshold and informing applicants of the threshold reduction and associated C.3 requirements.

Implementation & Evaluation:

This section is broken into the following subsections: Measures and Policies to Implement Provision C.3, Development Plan Review and Permitting, Erosion and Sediment Control & Construction Site Field Inspections, Coordination with the Contra Costa County Flood Control & Water Conservation District, Educational Activities, and Committee Meetings and Workshops.

Measures and Policies to Implement Provision C.3

Effort continued to be put forth this year to prepare the City staff, developers, contractors, and others that work in the new and re-development field for implementation of the C.3 amendments.

Pages NDCC-4 and NDCC-5 of the NDCC section of the 2005-2006 Annual Report provide information regarding the measures and policies taken to implement C.3 (NDCC-1 through 4 and Provision C.3.b). Additional measures undertaken in the 2006-2007 Fiscal Year are described below.

As indicated in last year’s report, the City of Orinda has adopted the Program’s methodology for verifying Operation and Maintenance of stormwater treatment facilities that is described in Chapter 6 and Appendix F of the Stormwater C.3 Guidebook. As the completion of the Wilder project nears, the City will refine its organizational structure for implementing the verification program, including an evaluation of effectiveness and planned improvements. At this time, a process for selecting and prioritizing facilities to be inspected and for follow-up is not applicable. No stormwater treatment facility inspections were conducted during 2007-2008 as none were in operation.

No projects subject to C.3 requirements were granted exemptions to any of the C.3 requirements during the 2007-2008 year.

In compliance with Provision C.3.j, the City of Orinda conducted its draft review and analysis of local design standards and guidance, identified opportunities for revision, and identified proposed revised standards and guidance (see Attachment ND-1 in the NDCC section of the FY 2005-2206 Annual Report). The City had planned to re-conduct its review and analysis of local design standards and guidance to identify standards and guidance that need revision this year but due to time constraints, such a review and analysis did not occur and is retained as a goal for FY 2008-2009.

The table of sources and source control measures is located in Appendix E of the Stormwater C.3 Guidebook. The City of Orinda has made no changes to the way it implements source control measures.

Amendments have not been made to the City’s General Plan. The City’s current General Plan is for the period 1987 through 2007. The Housing Element portion of the General Plan was updated in 1991 and again in 2005, and is scheduled to be updated again by the end of 2009.

The City follows CEQA procedures to process permits for all development applications. Discretionary projects are reviewed for CEQA compliance. The City’s Initial Study Checklist is modeled after the one developed by the Governor’s Office of Planning and Research. Orinda’s Initial Study Checklist was revised in 2004 (see Attachment ND-2 of FY 2005-2006 Annual Report) and includes questions posed by Provision C.3.m.

Development Plan Review and Permitting

Pages NDCC-5 to NDCC-8 of the NDCC section of the 2005-2006 Annual Report provides information regarding the City of Orinda’s development plan review and permitting process for stormwater quality protection (NDCC-5 through 11 and NDCC-13).

The City of Orinda has not developed any city-specific policies or guidelines for development and implementation of post-construction water quality protection measures.

C.3 educational materials are provided to municipal staff as new materials become available, and to developers, contractors, construction site operators, and owner/builders during the application and planning process. Updated C.3 educational materials were made available beginning August 15, 2006 for the reduction of the C.3 treatment requirement threshold to 10,000 square feet of impervious area created or replaced and upon implementation of the Hydrograph Modification Management Plan beginning October 14, 2006.

The Stormwater Program Manager updated the Subdivision Application to reflect C.3 requirements during the 2006-2007 year. The revised application was included as Attachment ND-1 in the 2006-2007 Annual Report.

Volume I, Section 3 of the Group Program Annual Report contains a detailed listing and review of projects subject to C.3.

Erosion and Sediment Control & Construction Site Field Inspections

Pages NDCC-8 and NDCC-9 of the NDCC section of the 2005-2006 Annual Report provides information regarding the City of Orinda’s erosion and sediment control and construction field site inspections as they relate to Performance Standards NDCC-12 & 13 and NDCC-14 through 19.

In August and September 2007, the County Grading Inspector sent out pre-rainy season letters to applicants with open grading permits to inform them of the need for erosion and sediment control measures. In addition to providing links to erosion and sediment control references, the letter included as an attachment a list of erosion and sediment control good housekeeping aids (see Attachment ND-1 for an example). These letters were followed up by site inspections of the sites with active grading. The inspections were conducted by the County Grading Inspector. He completed 18 pre-rainy season forms. Attachment ND-2 contains the 18 completed pre-rainy season forms.

As an additional outreach measure this year, the County Grading Inspector also sent out pre-rainy season letters to applicants who had open building permits, but not a grading permit, to inform them of the need for erosion and sediment control measures (see Attachment ND-3 for an example). Past experience indicated that erosion and sediment control measures at residential construction sites not requiring a grading permit were not always being effectively implemented. Building Inspection Department officials are directed to cite construction sites for erosion and sediment control violations when conducting other inspections (electrical, structural, etc.).

A total of fourteen (14) erosion and sediment control violations were issued at construction sites requiring grading permits. Most violations were attributed to failure to implement sufficient BMPs (Attachment ND-4 is one example of a Notice to Comply). All violations were for residential projects. Of the fourteenviolations for residential projects, one was a stop work order; the balance consisted of notices to comply or notices of correction. These numbers represent a significant decrease from 2005-2006 when 29 Notices to Comply and 6 Stop Work Orders were issued for residential projects. While the 2007-2008 numbers are similar to the 2006-2007 numbers when 13 Notices to Comply and 3 Stop Work Orders were issued, it is important to note that 5 of the 14 violations issued this year were to the Wilder project alone. Thus, the 2007-2008 numbers represent a decline for violations issued to single-family residential projects.

Of the violations, 9 were Notices to Comply issued to single-family residential projects. The remaining violations were issued to the Wilder subdivision project, one of which was a Stop Work Order and the balance were either notices to comply or notices of correction. A Stop Work Order was issued on October 16, 2007. A Notice to Comply was issued on December 4, 2007 and two Notices of Corrections were issued on December 31, 2007 and January 9, 2008. In the midst of these two notices, the RWQCB issued a Notice of Violation to the Wilder project on January 2, 2008. The City issued a letter (essentially a notice of correction) on January 25, 2008 listing areas of concern identified by both the RWQCB and City staff during a January 22, 2008 site visit conducted by both the RWQCB and City staff. After satisfactorily addressing the concerns, the project closed down for the remainder of the 2007-2008 rainy season. Attachment ND-5 is a compilation of violation documents for the project for 2007-2008. As witnessed by the documents, City staff coordinated with the RWQCB for inspection of the project and correction of deficiencies in order to obtain compliance. This project was the focus of the City’s stormwater program for the 2007-2008 rainy season.