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HomeMy WebLinkAboutPW Stormwater Management OrdinanceAgenda Item No: 5.a Meeting Date: June 1, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works !�g - Prepared by: �' City Manager Approvald) Acting Director of Public Works File No.: 08.07.08 SUBJECT: CONSIDERATION OF AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL MUNICIPAL CODE BY AMENDING CHAPTER 9.30 THEREOF ENTITLED "URBAN RUNOFF POLLUTION PREVENTION" FOR THE PURPOSE OF ADOPTING NEW CONSTRUCTION AND POST -CONSTRUCTION STORMWATER MANAGEMENT REQUIREMENTS AS PRESCRIBED BY THE CITY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PHASE II STORMWATER PERMIT. RECOMMENDATION: Conduct a public hearing and pass to print ordinance amending Chapter 9.30 of the San Rafael Municipal Code to include new construction and post -construction stormwater management requirements as prescribed by the City's National Pollutant Discharge Elimination System (NPDES) Phase II Stormwater Permit. EXECUTIVE SUMMARY: The State of California is requiring the City of San Rafael to adopt an unfunded mandate related to stonn water pollution prevention measures. The changes to our municipal code include utilizing licensed Stone Water professionals to review and inspect all grading, manage post construction storm water measures, collect data and document the City's efforts to manage erosion and sedimentation within the City of San Rafael. BACKGROUND: On February 5, 2013, the State Water Resources Control Board (SWRCB) adopted the Phase II Small Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System Pennit, Water Quality Order No. 2013-0001-DWQ, General Permit No. CAS000004 (Phase II Stor nwater Permit). This is an unfunded mandate imposed on local jurisdictions. The effective date of the permit was July 1, 2013, and the requirements are phased in during the permit term. Tile term "Phase II" indicates the population served. A Phase I permit, for example, would apply to larger jurisdictions such as Los Angeles. FOR CITY CLERK ONLY File No.: Council Meeting: (,11/,Zrx< Disposition: epgjfu"0LR_ A PUSS<d 0 Porlt SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 The Phase II Stormwater Permit regulates discharges from small MS4's and requires permittees to implement a stormwater management program in compliance with these regulations. The City of San Rafael is identified as a small MS4 permittee in the Phase II Stormwater Permit. San Rafael currently implements its Stormwater management program locally and in coordination with the Marin County Stormwater Pollution Prevention Program (MCSTOPPP). The Phase II Stormwater Permit requires the City of San Rafael to review and revise relevant ordinances, adopt any new ordinances or other regulatory mechanisms to obtain adequate legal authority, to the extent allowable under state or local law, to control pollutant discharges into and from its jurisdiction. ANALYSIS: The proposed amendments provide the City of San Rafael with the authority to: • Minimize discharges other than storm runoff to storm drains or watercourses; • Respond to the discharge of spills, prevent and control the discharge of spills to storm drains or watercourses, and prohibit dumping or disposal of materials other than stormwater; • Reduce pollutants in stormwater discharges to the maximum extent practicable; • Require operators of construction sites, new or redeveloped land, and industrial and commercial facilities to install, implement, or maintain appropriate best management practices (BMPs); and • Require newly developed or redeveloped land to maintain the pre -development stormwater runoff rates and prevent stormwater pollution whenever possible, through stormwater management controls, and ensuring that these management controls are properly maintained. In order to comply with the Phase II Stormwater Permit requirements, Chapter 930 of the Municipal Code must be amended. The specific modifications to this code section include the following: Ordinance Language Modifications This new ordinance includes updated terminology, definitions and language that match the NPDES permit. These modifications will help to provide a uniform interpretation of the terms utilized in the ordinance which complies with State requirements. Licensing and Certification of City Staff Currently, one Public Works staff member is certified as a Qualified Storm Water Pollution Prevention Plan Developer (QSD) and a Qualified Storm Water Pollution Prevention Plan Practitioner (QSP). Additional training and certification is needed for all our staff to be able to review these measures in the field. The process will focus on Community Development Department building inspection staff and Public Works engineering and maintenance staff. We anticipate working closely with our Marin County partners to develop and implement training classes to achieve full compliance with these measures. Illicit Discharge Response Plan Currently individual organizations such as the San Rafael Sanitation District and Marin Municipal Water District manage all discharge documentation associated with their facilities. Local fire and public works agencies are also responsible for responding to hazardous material spills. None of these duties have changed with the implementation of the NPDES permit, although the recording of these activities on standard formats provided by the state will be required. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 The new ordinance requires the City to respond to observations or complaints of over watering of landscape areas. The City of San Rafael will be required to notify the property owner in writing within 24 hours of being notified of excessive illicit discharge and a follow-up site visit documenting the problem and its resolution is required within 72 hours. Erosion and Sediment Control Measures — Prior to and During Construction Erosion and sediment control measures are required currently for construction projects permitted by the City that are implemented during the rainy season (October 15`x' through April 15`x'). The new permit will require erosion and sediment control measures to be implemented year-round at construction sites with active grading or building permits. The NPDES permit will also require strict adherence to specific checklists for reviewing and implementing these measures. In addition, staff responsible for reviewing and approving erosion and sediment control plans and/or for inspecting implementation of the plans must be adequately trained and must be supervised by a certified QSD. Post Construction Measures The post construction provisions in the 2013 NPDES permit require development projects known as Regulated Projects to infiltrate, store, retain and treat stormwater runoff to reduce the volume and velocity of runoff from the site. These requirements are similar to those imposed by the prior 2003 NPDES permit. It has been our policy to require development projects to implement post construction measures. Code revisions are necessary now because the new 2013 NPDES permit increased the number of projects subject to post construction measures. Regulated Projects will need specific systems installed and maintained to reduce volumes, to slow velocities of stormwater and to filter water before it is discharged to downstream systems. Regulated Projects are discretionary projects that are not single family homes. Projects that are deemed complete on June 30, 2015 or later that involve adding or replacing more than 5,000 square feet of impervious surface are also considered Regulated Projects. For smaller projects adding or replacing 2,500 — 4,999 square feet of impervious surface, and for single family homes adding/replacing 2,500 square feet or more of impervious surface, spreader pipes and dissipation systems will be required. For Regulated Projects, the NPDES permit requires local jurisdictions to verify ongoing operation and maintenance of required post construction (permanent) stormwater filtration systems. The local jurisdiction must also require Regulated Project proponents to accept responsibility for the ongoing operation and maintenance of the stormwater filtration systems until such responsibility is legally transferred to another entity. The City will enter into a legally enforceable agreement with Regulated Project property owners to ensure the proper maintenance of these permanent systems. The agreement allows the City to take action to operate and maintain these systems if the property owner refuses to do so or cannot maintain these facilities in perpetuity. The City can then seek reimbursement from the property owner for maintenance of the system. The City will implement an ongoing post construction filtration system inspection program to verify compliance with the executed agreements. Projects such as the Village at Loch Lomond Marina and Target currently have this type of agreement due to prior NPDES permit requirements. Utilization of certified staff and consultants will be necessary to manage and document permit compliance with the post construction measures. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 Data Collection The NPDES permit will rely on the City to collect and forward data to the Regional Water Quality Control Board (RWQCB). Currently we forward data to the RWQCB related to the number of building permits and amount of grading within our City. This new program will require additional data collection and documentation to fully communicate the measures being installed and their effectiveness. DISCUSSION: The NPDES Permit imposes many new tasks and requirements on local municipalities. Building Pen -nits The City of San Rafael issues over 1,500 building pen -nits annually. Approximately 75% of these permits involve soil disturbance. Currently, the Department of Public Works inspects building permit projects with significant grading such as the BioMarin site. More stringent requirements to review, inspect and document erosion control measures installed during each phase of construction will in turn require applicants to be more responsible for all erosion and sediment control measures. Capital Improvement Projects The Department of Public Works develops and manages numerous improvement projects associated with the Capital Improvement Program. Each will be required to develop an erosion and sediment control plan prepared by a Qualified Storm Water Pollution Prevention Plan Developer (QSD). These measures are generally implemented with all of our projects. However, the exception with the new ordinance will require the department to produce the plans and document these measures. Documentation The NPDES Permit for our County requires extensive documentation of all efforts to manage erosion and sediment control within San Rafael. To provide the RWQCB with consistent documentation, the County has developed standardized forms and documents for developers, pennittees, and our staff. Becoming acclimated to this paperwork and accustomed to what is required will take time and effort. Trash Capture Future requirements of the Phase II Permit will require the City to filter storm water in an effort to capture trash from entering the waters of the United States. These measures are not required at present. We anticipate that the City will need to implement a program to initiate installation of these systems within the next two years. Public Works staff will bring this specific issue back to the City Council prior to the effective date of the requirement and as the details of these requirements become clearer. FISCAL IMPACT: Existing Allocation Currently, Public Works allocates the following to the MCSTOPPP effort: Senior Associate Engineer .25 FTE SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 We also contribute approximately $140,000 from the General Fund per year to participate with MCSTOPPP, which provides significant staff assistance and guidance with regard to assisting the City with implementing the requirements with the Phase II Permit. Anticipated Allocation At this time, it is exceptionally difficult to quantify the number of staff needed to implement this unfunded mandate. We have discussed this with the County of Marin and are working on an agreement to share services for training and implementation. An additional $150,000 is allocated in the General Fund in this year's budget to address the need for additional services as described above. Public Works staffing will also be reevaluated to utilize at least one full-time equivalent staff person to this work. Based on the guidance from the County of Marin, we anticipate utilizing this funding to support a consultant to assist with the review of building permits and documentation throughout the next year. Reevaluation of this program and the need for additional staff will be needed throughout the next year. OUTREACH: MCSTOPPP implements most of the public outreach, education and participation for the Phase II Permit requirements on behalf of their member agencies (Marin cities, towns and the County). The City's San Rafael Clean Program, which includes dedicated volunteers, implements various public outreach projects and also assists the City with Phase II Permit public outreach, education and participant requirement compliance. OPTIONS: 1. Adopt the amendments as proposed or with modifications. 2. Do not adopt the amendments and allow- the City to be out of compliance with its Phase II Stonnwater Permit. ACTION REQUIRED: Hold the noticed public hearing and accept public comments, and pass the proposed Ordinance to print. Enclosures: 1. Proposed Ordinance 2. Public Hearing Notice ORDINANCE NO. 1932 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL MUNICIPAL CODE BY AMENDING CHAPTER 9.30 THEREOF ENTITLED "URBAN RUNOFF POLLUTION PREVENTION" FOR THE PURPOSE OF ADOPTING NEW CONSTRUCTION AND POST -CONSTRUCTION STORMWATER MANAGEMENT REQUIREMENTS AS PRESCRIBED BY THE CITY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PHASE II STORMWATER PERMIT. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: WHEREAS, the City Council has adopted an urban runoff pollution prevention ordinance in Chapter 9.30 of the San Rafael Municipal Code, to protect the public health, safety, and general welfare of the citizens of the City of San Rafael and to protect and enhance watercourses, fish, and wildlife habitat by controlling and minimizing discharges to storm drains and watercourses and reducing pollutants in stormwater to the maximum extent practicable; and WHEREAS, the City of San Rafael is named as a permittee of the Phase 11 Small Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit (Phase 11 Stormwater Permit) adopted by the California State Water Resources Control Board; and WHEREAS, the Phase II Stormwater Permit requires each permittee to revise relevant ordinances or adopt any new ordinances to obtain adequate legal authority to control pollutant discharges into and from its MS4; and WHEREAS, modifications to Chapter 9.30 of the San Rafael Municipal Code are necessary to include the construction and post -construction stormwater management requirements prescribed by the Phase II Stormwater Permit. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. San Rafael Municipal Code Chapter 10.90 is amended as provided hereafter. Section 9.30.020 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.020 — Purpose and intent. The purpose of this chapter is to ensure the future health, safety, and general welfare of the citizens of the City of San Rafael and to protect and enhance watercourses, fish and wildlife habitat by: A. Minimizing discharges other than stormwater runoff to storm drains or watercourses; B. Responding to the discharge of spills, preventing and controlling the discharge of spills to storm drains or watercourses and prohibiting dumping or disposal of materials other than stormwater; C. Reducing pollutants in stormwater discharges to the maximum extent practicable; D. Requiring operators of construction sites, new or redeveloped land, and industrial and commercial facilities to install, implement, or maintain appropriate best management practices ('BMPs); and E. Maintaining pre -development stormwater runoff rates and preventing nonpoint source pollution whenever possible, through stormwater management controls and ensuring that these management controls are properly maintained. The intent of this chapter is to protect and enhance the water quality of the state's, and the nation's watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act. (33 U.S.C. Section 1951 et seq.), the Porter -Cologne Water Quality Control Act (California Water Code Section 13000 et seq.), and the Phase II Small Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit, Water Quality Order No. 2013-0001—DWQ, General Permit No. CAS000004 (Phase II Stormwater Permit) and subsequent revisions and amendments thereto. Section 9.30.030 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.030 – Definitions. As used in this chapter, any terms defined in the Phase H Stormwater Permit, the federal Clean Water Act (33 U.S.C. Section 1251 et seq.) and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency on November 16, 1990 (as may from time to time be amended), shall have the same meaning as in said Act or regulations. Such terms include, but are not limited to, the following: A. "Agency" or "agency" means the United States Environmental Protection Agency. B. "Authorized Enforcement Official' means the City Manager, director of public works, fire chief or their designees; stormwater program manager, code enforcement officer, health officer, and those officials designated as code enforcement officials in Section 1.08.020 of the San Rafael Municipal Code. C. "BASMAA Post Construction Manual' means the most recent version of the Bay Area Stormwater Management Agencies (BASMAA) Post Construction Manual which provides design guidelines for reducing stormwater pollutant discharges through the construction, operation and maintenance of source control measures, low impact development design, site design measures, stormwater treatment measures and hydromodification management measures. D. "Best management practices (BMPs)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste recycling or disposal, or drainage from raw material storage. E. "City" means the city of San Rafael, a municipal corporation, situated in Marin County, California. F. "Construction activity" means any activity that involves soil disturbing activities including, but not limited to, clearing, paving, grading, disturbances to ground such as stockpiling, and excavation. G. "Discharge of a Pollutant" means: (a) the addition of any pollutant or combination of pollutants to waters of the United States from any point source; or (b) any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. The term includes additions of pollutants to waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a State, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. H. "Illicit connection" means any device or method that conveys non-stormwater to a municipal separate storm sewer (storm drain) system (MS4) or receiving water. I. "Illicit discharge" means any discharge to a municipal separate storm sewer (storm drain) system (MS4) that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. The term illicit discharge includes all non-stormwater discharges not composed entirely of stormwater and discharges that are identified under the Exceptions to Discharge Prohibition section of this chapter. The term illicit discharge does not include discharges that are regulated by an NPDES permit (other than the NPDES permit for discharges from the MS4). J. "Incidental irrigation runoff' means unintended amounts (volume) of runoff, such as unintended, minimal over -spray from sprinklers that escapes the landscaped area of intended use. Water leaving an intended use area is not considered incidental if it is part of the facility design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence. K. "Low Impact Development (LID)" means a sustainable practice that benefits water supply and contributes to water quality protection. LID uses site design and stormwater management to maintain the site's pre -development runoff rates and volumes. The goal of LID is to mimic a site's predevelopment hydrology by using design techniques that infiltrate, filter, store, evaporate, and detain runoff close to the source of rainfall. L. "Maximum Extent Practicable (MEP)" means the minimum required performance standards, BMPs, control techniques and systems, design and engineering methods, and such other provisions as the Environmental Protection Agency Administrator or the State determines appropriate for reducing pollutants in stormwater. MEP is the cumulative effect of implementing, evaluating, and making corresponding changes to a variety of technically appropriate and economically feasible BMPs, ensuring that the most appropriate controls are implemented in the most effective manner. This process of implementing, evaluation, revising, or adding new BMPs is commonly referred to as the iterative process. M. "MCSTOPPP" means the Marin County Stormwater Pollution Prevention Program. N. "NPDES permit" means a National Pollutant Discharge Elimination System (NPDES) permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board, or a California Regional Water Quality Control Board pursuant to the Clean Water Act that authorizes discharges to waters of the United States. O. 'Non-stormwater discharge" means any discharge that is not entirely composed of stormwater. P. "Phase II Stormwater Permit" means the NPDES general stormwater permit applicable to the County of Marin, Water Quality Order No. 2013-0001—DWQ, General Permit No. CAS000004, and any subsequent amendment, reissuance or successor to this NPDES permit. Q. "Pollutant" means dredged soil, solid waste, incinerator residue, filter backwash, sewage, pet wastes, manure, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, sediment, dumped yard wastes, cellar dirt, and industrial, municipal and agricultural waste; or sand and gravel placed in such a way as to be carried away by stormwater into the storm drains and watercourses of the city. R. "Premises" means any building, lot parcel, real estate, or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips. "Storm drains" includes but is not limited to those stormwater drainage conveyance facilities within the city by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, culverts, ditches, man-made channels or storm drains, which are not part of a publicly owned treatment works (POTW) as defined at 40 Code of Federal Regulations (C.F.R) 122.2, or any successor regulation. T. "Stormwater" or "storm runoff' means stormwater runoff, snow melt runoff, and surface runoff and drainage. U. "Stormwater Control Plan" shall mean a plan that meets those criteria contained in the most recent version of the BASMAA Post Construction Manual. V. "Stormwater Facilities Operation and Maintenance Plan" shall mean a plan identifying the locations and characteristics of stormwater management facilities on a newly developed or redeveloped site and describing maintenance activities, schedules, and responsibilities to ensure the ongoing proper operation of those facilities. W. "Stormwater management facility" shall mean any device designated to detain, retain, filter, or infiltrate stormwater, including, but not limited to, bioretention facilities. X. "Urban runoff" means stormwater runoff from an urbanized area including streets and adjacent domestic and commercial properties that carries pollutants of various types into the storm drainage system and receiving waters. Y. "Watercourse" means any natural or once natural flowing river, creek, stream, swale or drainageway, whether perennial, intermittent or ephemeral. Includes natural waterways that have been channelized but does not include channels, ditches, culverts or other above or below ground constructed conduits, i.e., storm drains. Section 9.30.040 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.040 — Responsibility for administration. This chapter shall be administered for the city by the authorized enforcement official. In administering this chapter, the authorized enforcement official has the authority to request and require the submittal of information deemed necessary to assess compliance with this chapter and the Phase II Stormwater Permit. Section 9.30.050 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.050 — Construction and application. This chapter shall be construed to assure consistency with the requirements of the federal Clean Water Act (33 U.S.C. Section 1251 et seq.) and acts amendatory thereof or supplementary thereto, and applicable implementing regulations, including the current and future versions of the water quality control plan for the San Francisco Bay basin and the Phase H Stormwater Permit. Section 9.30.060 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.060 — Discharge of pollutants prohibited. The discharge of non-stormwater discharges to the city's storm drain system is prohibited. All discharges of material other than stormwater must be in compliance with an NPDES permit issued for the discharge. Section 9.30.070 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.070 — Exceptions to discharge prohibition. The following discharges are exempt from the prohibition set forth in Section 9.30.060, above: A. Any discharge regulated under another NPDES permit issued to the discharger and administered by the state of California under authority of the United States Environmental Protection Agency; provided, that the discharger is in full compliance with all requirements of the permit and all other applicable laws and regulations; B. Discharges or flows from fire -fighting activities unless they are identified as significant sources of pollutants to waters of the United States. C. Discharges from the following activities, provided any pollutants in the discharges are identified and appropriate control measures to minimize the impacts of such discharges are developed and implemented. 1. Water line flushing; 2. Individual residential car washing; 3. Diverted stream flows; :l 4. Rising groundwaters; 5. Uncontaminated ground water infiltration (as defined at 40 C.F.R. §35.2005(20)) to separate storm sewers; 6. Uncontaminated pumped groundwater; 7. Discharges from potable water sources; 8. Foundation drains; 9. Air conditioning condensation; 10. Springs; 11. Water from crawl space pumps; 12. Footing drains; 13. Flows from riparian habitats and wetlands; 14. Dechlorinated swimming pool discharges; and 15. Incidental irrigation runoff from landscaped areas provided the conditions in item D of this section are met. D. Incidental irrigation runoff is the unintended amounts of runoff that leave the area of application such as minimal overspray. Water leaving the intended area of application is not incidental if it is due to the design, excessive application, or intentional overflow or application. Irrigation systems must be designed to conserve water and prevent water leaving the area of application. Property owners and persons responsible shall control irrigation systems to prevent excessive irrigation runoff by implementing the following BMPs: 1. Detect and repair leaks from the irrigation system within 72 hours of discovering the leak; 2. Properly design and aim sprinkler heads to only irrigate the planned application area; 3. Do not irrigate during precipitation events; and 4. Where recycled water is used for irrigation, design and manage holding ponds such that no discharge occurs unless it is the result of the 25 year -24 hour storm event. Any releases from holding ponds must be reported to the Regional Water Board and the county within 24 hours of the discharge. Section 9.30.080 of the San Rafael Municipal Code, is hereby amended to read in its entirety as follows: 9.30.080 — Discharge in violation of permit. Any discharge that would result in or contribute to a violation of the Phase II Stormwater Permit and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) or entities so causing or responsible for the discharge, and such persons or entities shall defend, indemnify and hold harmless the City in any administrative or judicial enforcement action relating to such discharge. Section 9.30.090 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.090 — Illicit discharges and illicit connections. The establishment, use, maintenance or continuance of illicit connections to the City storm drains or watercourses, and/or the commencement or continuance of illicit discharges to the City storm drains and water courses is prohibited. This prohibition is expressly retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection. A. Any person responsible for a discharge, spill, or pollutant release shall promptly cease and desist discharging and/or cleanup and abate such a discharge as directed by the authorized enforcement official. B. Any person responsible for an illicit connection shall promptly remove the connection as directed by the authorized enforcement official. C. The City may perform clean-up and abatement work and recover its costs from the responsible person as provided in Section 9.30.260. Section 9.30. 100 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.100 — Reduction of pollutants in urban runoff. Any person engaged in activities which will or may result in pollutants entering the City storm drains shall undertake all practicable measures to cease such activities and to eliminate or reduce such pollutants. Such activities shall include, but not be limited to, ownership and use of parking lots, gasoline stations, industrial facilities, commercial facilities, ground disturbing activities, and stores fronting city streets. Section 9.30.140 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.140 — Construction -phase best management practices. A. Any person performing construction activities in the City shall implement appropriate BMPs to prevent the discharge of construction wastes or contaminants from construction materials, tools, and equipment from entering the storm drain system or watercourse. B. The City has the authority to review designs and proposals for construction activities to determine whether adequate BMPs will be installed, implemented, and maintained during construction and after final stabilization. C. Construction -phase BMPs include erosion and sediment controls and pollution prevention practices. Erosion control BMPs may include, but are not limited to, scheduling and timing of grading activities, timely revegetation of graded areas, the use of hydroseed and hydraulic mulches, and installation of erosion control blankets. Sediment control may include properly sized detention basins, dams, or filters to reduce entry of suspended sediment into the storm drain system and watercourses, and installation of construction entrances to prevent tracking of sediment onto adjacent streets. Pollution prevention practices may include designated washout areas or facilities, control of trash and recycled materials, tarping of materials stored on-site, and proper location of and maintenance of temporary sanitary facilities. The combination of BMPs used, and their execution in the field, must be customized to the site using up-to-date standards and practices. The City will request the agency to provide references to current guidance manuals and BMP information . Section 9.30.150 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.150 — Erosion and sediment control plan requirements. A. When required by the Phase Il Stormwater Permit or by the agency, a project shall have an Erosion and Sediment Control Plan (ESCP) which addresses erosion and sediment control and pollution prevention during the construction phase as well as final stabilization control measures. The ESCP and the specific control measures to be utilized shall be subject to the review and approval of the agency. The ESCP shall be implemented year round and shall be revised to reflect changing conditions on the project site. The agency shall require modifications of an approved ESCP if during the course of construction at a site unanticipated conditions occur or the plans prove inadequate for the intended purpose. Revisions of the approved ESCP shall be submitted to the agency for review and approval. An Erosion and Sediment Control Plan (ESCP) shall be required for any project: 1. Subject to a grading permit under Chapter 12.12. 2. Subject to a building permit or other permit that has the potential for significant erosion and/or significant non-stormwater discharges of sediment and/or construction site waste; 3. As required by the City considering factors such as whether the project involves hillside soil disturbance, rainy season construction, construction near a creek or an intermittent or ephemeral drainageway, or any other condition or construction site activity that could lead to a non-stormwater discharge to a storm drain if not managed by effective implementation of an ESCP. B. The ESCP shall be submitted for review and approval by the City. The project applicant shall follow the most recent version of the MCSTOPPP Construction Erosion and Sediment Control Plan Applicant Package. At a minimum, the ESCP shall include: 1. Description of the proposed project and soil disturbing activity; 2. Site specific construction -phase Best Management Practices (BMPs); 3. Rationale for selecting the BMPs; 4. List of applicable outside agency permits associated with the soil disturbing activity, such as: Construction General Permit (CGP); Clean Water Act Section 404 Permit; Clean Water Act Section 401 Water Quality Certification; Streambed/Lake Alteration Agreement (1600 Agreements). 5. If the project requires coverage under the CGP issued by the State Water Resources Control Board (SWRCB), Permit Registration Documents must be filed with the SWRCB for said coverage and a copy of the Waste Discharge Identification Number shall be submitted to the City prior to issuance of a permit for construction. The applicant may submit the Storm Water Pollution Prevention Plan (SWPPP) required by the General Construction Activity Stormwater Permit in lieu of the ESCP provided it meets the requirements of the ESCP. 6. Financial security may be required to ensure that temporary measures to control stormwater pollution are implemented and maintained during construction and after construction for a period determined by the agency. Financial security shall consist of an irrevocable letter of credit, cash deposit, or performance bond as determined by the agency. 7. When any work is being done contrary to the provisions of this article, the authorized enforcement official may order the work stopped by notice in writing served on any persons engaged in doing or causing the work to be done. Such work shall stop until the authorized enforcement official authorizes the work to proceed. This remedy is in addition to and does not supersede or limit any and all other remedies, both civil and criminal provided in the City of San Rafael Municipal Code. 8. Implementation of an approved ESCP shall be a condition of the issuance of a building permit, a grading permit, or other permit issued by the City for a project subject to this section. The ESCP shall be implemented year round and must be updated to reflect changing conditions on the project site. Any modifications to the ESCP shall be submitted to the City for review and approval. Section 9.30.151 is hereby added to the San Rafael Municipal Code to read as follows: 9.30.151— Land development standards for permanent stormwater controls for new and redevelopments. The City may require, as a condition of project approval, permanent structural controls designed for the removal of sediment and other pollutants and for control on the volume and rate of stormwater runoff from the project's added or replaced impervious surfaces. These controls may include limits on impervious area. The selection and design of such controls shall be in general accordance with criteria established or recommended by federal, state, and local agencies, and where required by the City, the BASMAA Post Construction Manual. Where physical and safety conditions allow, the preferred control measure is to retain 7 drainage ways above ground and in as natural a state as possible or other biological methods such as bioretention areas. Where required by the Phase II Stormwater Permit Provision E.12, or where required by the nature and extent of a proposed project and where deemed appropriate by the agency, every applicant shall develop, submit and implement a Stormwater Control Plan (SCP) as described below: A. The SCP shall follow the appropriate SCP template, based on project type, in the most recent version of the BASMAA Post Construction Manual. B. The specific practices proposed in the SCP shall be subject to the review and approval of the City and shall be in general accordance with the BASMAA Post Construction Manual, and the -Phase II Stormwater Permit. C. The SCP is separate and distinct from the ESCP requirements described in Section 19.30.150(B). D. All stormwater management facilities shall be designed in a manner to minimize the need for maintenance and reduce the chances of failure. Design guidelines are outlined in the BASMAA Post Construction Manual. E. Where required by the City, as a condition precedent to the issuance of a building permit, the applicant shall submit a preliminary Stormwater Facilities Operation and Maintenance Plan (O&M Plan). The approval of the O&M Plan by the City is required prior to final inspection and approval of building permit closure. F. All stormwater management facilities shall be maintained according to the approved O&M Plan. The person(s) or organization(s) responsible for maintenance shall be designated in the plan. The plan shall require that stormwater management facilities be inspected by those responsible for maintenance at least annually. The O&M Plan shall also describe how the maintenance will be funded. Upon the failure of a responsible person to maintain the stormwater management facilities in accordance with the O&M Plan, the City may perform the maintenance and recover its costs from the responsible person as provided in Section 9.30.150. G. Where deemed appropriate by the City, the City shall have access to stormwater management facilities for inspections, as provided in Section 19.30.220, and through such means as may be appropriate, including, but not limited to, legal agreements, recorded covenants or easements, shall be provided by the property owner. H. All project proponents and their successors, or successors in fee title, in control of a project that is located within the City and that is defined as a Regulated Project in Provision E.12.c. of the Phase II Stormwater Permit, or where required by the City, shall submit one of the following as a condition prior to final inspection and approval of building permit closure: 1. The project proponent's signed statement accepting responsibility for the operations and maintenance of stormwater management facilities until such responsibility is legally transferred to another entity; 2. Written conditions in the sales or lease agreements or deed for the project that requires the buyer or lessee to assume responsibility for the operations and maintenance of the stormwater management facilities until such responsibility is legally transferred to another entity; 3. Written text in project deeds, or conditions, covenants and restrictions for multi -unit residential projects that require the homeowners association or, if there is no association, each individual owner to assume responsibility for the operation and maintenance of the stormwater management facilities until such responsibility is legally transferred to another entity; or 4. Any other legally enforceable agreement or mechanism, such as recordation in the property deed, that assigns the operation and maintenance of the stormwater management facilities to the project owner(s) or the City. Financial security may be required to ensure that stormwater management facilities operate and are maintained following construction for a period which may be determined by the agency. Financial security shall consist of an irrevocable letter of credit, cash deposit, or performance bond as determined by the agency. Section 9.30.160 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.160 — Notification of intent and compliance with permits. Each industrial discharger, discharger associated with construction activity, or other discharger, described in any general stormwater permit addressing such discharges, as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the Regional Water Quality Control Board, shall provide Permit Registration Documents, and shall comply with and undertake, all other activities required by any general stormwater permit applicable to such discharges. Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by such permit. Section 9.30.170 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.170 — Compliance with best management practices. Where best management practices guidelines or requirements have been adopted by any federal, state of California, regional, and/or local agency, for any activity, operation or facility that may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of non-stormwater to the storm drain system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements as may be identified by the authorized enforcement official. Section 9.30.190 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.190 — Watercourses—Prohibited Actions. No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the authorized enforcement official: A. Discharge into or connect any pipe or channel to a watercourse; B. Modify the natural flow of water in a watercourse; C. Deposit in, plant in, or remove any material from a watercourse including its banks, except as required for necessary maintenance; D. Construct, alter, enlarge, connect to, change, or remove any structure in a watercourse; or E. Place any loose or unconsolidated material adjacent to or within a watercourse so as to cause a diversion of the flow, or to cause a probability of such material being carried away by stormwaters passing through such watercourse. The provisions of Sections 9.30.180 and 9.30.190 shall be cumulative of all provisions of Chapters 11.30 and 17.10, and 17.40 of this code. Section 9.30.220 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.220 — Inspections—Authority and procedure. The authorized enforcement official has the duty and the responsibility to inspect any and all locations for any violation of the provisions of this chapter. The authorized enforcement official may, within the limitations of applicable state and federal laws, enter any building or any premises (including, but not limited to, facilities, equipment, practices, or operations) at all reasonable times, to perform any duty imposed upon the official by this chapter, or to inspect the building or premises for any or all of the following situations, as determined by the authorized enforcement official: A. Routine inspections to ensure implementation of BMPs and other requirements of this chapter; D B. Active or potential stormwater discharges; C. Whenever there is reasonable cause to believe that there exists any condition which constitutes a violation of the provisions of this chapter or the Phase II Stormwater Permit; or D. Whenever necessary to enforce any of the provisions of this chapter or the Phase H Stormwater Permit. The authorized enforcement official must present proper credentials to, and obtain consent from the owner or occupant to enter. In the event the owner and/or occupant refuses entry, the official shall request assistance of the city attorney to obtain an administrative warrant for the premises, pursuant to the provisions of state law. Section 9.30.230 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.230 — Sampling—Authority and procedure. A. Routine Sampling. The authorized enforcement official has the right to, and shall conduct routine sampling and monitoring on or adjacent to the premises under review. The cost of such routine sampling and/or monitoring activities, including test reports and results, shall be borne by the City. The authorized enforcement official may, within the limitations of law, enter such premises at reasonable times to conduct sampling and monitoring operations; provided, that the official presents proper credentials to, and obtains consent from the owner or occupant to enter. In the event the owner and/or occupant refuses entry, the official shall request assistance of the city attorney to obtain an administrative warrant for the premises, pursuant to the provisions of state law. B. Required Sampling. Whenever the authorized enforcement official has reasonable cause to believe that the owner and/or occupant of a premises is engaged in an activity and/or operating a facility that is causing or contributing to stormwater pollution or contamination, illicit discharges, and/or the discharge of non-stormwater or other unlawful material, to the storm drain system, the official may require the owner and/or occupant to conduct sampling and/or monitoring activities on the premises, and to furnish such test results and reports as the official may determine. The burden and cost of undertaking such sampling and monitoring activities, including test results and reports, shall be borne by the owner of the premises under review. The type and method of sampling and monitoring shall bear a reasonable relationship to the need for testing and monitoring and to the benefits to be obtained, as determined by the enforcement official. Section 9.30.260 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.260 — Violations—Civil action for enforcement. The violation of any provision of this chapter, or the failure to comply with any of the requirements of this chapter, may be enforced by a civil action brought by the city attorney in any court having appropriate jurisdiction. In any such action, the city may seek any or all of the following remedies: A. A temporary or permanent injunction; B. Costs of investigation, inspection, sampling or monitoring activities concerning the violation, and costs of suit; C. Costs of restoration of the premises from its condition resulting from the violations back to its original condition; D. Compensatory damages including but not limited to loss and/or destruction of water quality, wildlife, fish, aquatic habitat, and other adverse environmental effects. Damages recovered under this subsection shall be used exclusively for costs of sampling and monitoring, of establishing stormwater discharge pollution control systems, and of implementing and/or enforcing the provisions of this chapter. 10 E. Civil penalties, reimbursement of City administrative and abatement costs, judicial abatement, and treble damages, as authorized by Sections 1.42.020, 1.42.030 and 1.42.040 of the San Rafael Municipal Code. Section 9.30.270 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.270 — Violations—Administrative enforcement action. In addition to any other enforcement powers and/or remedies provided in this chapter, an authorized enforcement official may issue an order to a person to cease and desist from the discharge, practice, operation or other activity causing or likely to cause a violation of this chapter. Such order shall be directed to those persons in violation of the chapter stating clearly and concisely the nature of the violation, the requirements for compliance, a timetable for compliance, and such other remedial and/or preventive action as may be necessary. Upon the violator's failure to comply with such order, the city may take further enforcement' action as specified in this chapter, or in accordance with any other appropriate provision of local, state or federal law. At the discretion of the authorized enforcement official, orders to cease and desist may take the following form: A. Verbal Warnings, as may be issued during inspections; B. Warning Letters and Orders to Abate Pollution; C. Warning Letters with requirements to submit written reports; or D. Formal administrative enforcement action as described in this chapter and as authorized by Chapters 1.40 and 1.46 of the San Rafael Municipal Code. Section 9.30.300 of the San Rafael Municipal Code is hereby deleted. DIVISION 2. The adoption of this ordinance is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the CEQA Guidelines (14 CCR Section 15308) because it is an action taken by a regulatory agency for the purpose of the environment and no exceptions to this categorical exemption apply. DIVISION 3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases be declared invalid. DIVISION 4. This Ordinance shall be published once, in full or in summary form before its final passage, in a newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for and against the Ordinance. 11 ATTEST: G ,ems ESTHER BEIRNE, City Clerk The foregoing City Ordinance No. 1932 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 151 day of June, 2015 and order passed to print by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 15th day of June, 2015. ESTHER C. BEIRNE City Clerk 12 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL MUNICIPAL CODE BY AMENDING CHAPTER 9.30 THEREOF ENTITLED "URBAN RUNOFF POLLUTION PREVENTION" FOR THE PURPOSE OF ADOPTING NEW CONSTRUCTION AND POST -CONSTRUCTION STORMWATER MANAGEMENT REQUIREMENTS AS PRESCRIBED BY THE CITY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PHASE II STORMWATER PERMIT. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: WHEREAS, the City Council has adopted an urban runoff pollution prevention ordinance in Chapter 9.30 of the San Rafael Municipal Code, to protect the public health, safety, and general welfare of the citizens of City of San Rafael and to protect and enhance watercourses, fish, and wildlife habitat by controlling and minimizing discharges to storm drains and watercourses and reducing pollutants in stormwater to the maximum extent practicable and, WHEREAS, the City of San Rafael is named as a permittee of the Phase 11 Small Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit (Phase II Stormwater Permit) adopted by the California State Water Resources Control Board. WHEREAS, the Phase II Stormwater Permit requires each permittee to revise relevant ordinances or adopt any new ordinances to obtain adequate legal authority to control pollutant discharges into and from its MS4. WHEREAS, modifications to Chapter 9.30 of the San Rafael Municipal Code are necessary to include the construction and post -construction stormwater management requirements prescribed by the Phase II Stormwater Permit. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: law4107i; `m San Rafael Municipal Code Chapter 10.90 is amended as provided hereafter. Page 1 of 18 Section 9.30.020 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.020 – Purpose and intent. The purpose of this chapter is to ensure the future health, safety, and general welfare of the citizens of the City of San Rafael and to protect and enhance watercourses, fish and wildlife habitat by: A. Minimizing discharges other than stormwater runoff to storm drains or watercourses; B. Responding to the discharge of spills, preventing and controlling the discharge of spills to storm drains or watercourses and prohibiting dumping or disposal of materials other than stormwater; C. Reducing pollutants in stormwater discharges to the maximum extent practicable; D. Requiring operators of construction sites, new or redeveloped land, and industrial and commercial facilities to install, implement, or maintain appropriate best management practices (BMPs); and E. Maintaining pre -development stormwater runoff rates and preventing nonpoint source pollution whenever possible, through stormwater management controls and ensuring that these management controls are properly maintained. The intent of this chapter is to protect and enhance the water quality of the state's, and the nation's watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act. (33 U.S.C. Section 1951 et seq.), the Porter -Cologne Water Quality Control Act (California Water Code Section 13000 et seq.), and the Phase II Small Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit, Water Quality Order No. 2013-0001—DWQ, General Permit No. CAS000004 (Phase II Stormwater Permit) and subsequent revisions and amendments thereto. Section 9.30.030 of the San Rafael Municipal Code is hereby amended to read as follows: Page 2 of 18 9.30.030 — Definitions. As used in this chapter, any terms defined in the Phase II Stormwater Permit, the federal Clean Water Act (33 U.S.C. Section 1251 et seq.) and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency on November 16, 1990 (as may from time to time be amended), shall have the same meaning as in said Act or regulations. Such terms include, but are not limited to, the following: A. "Agency" or "agency" means the United States Environmental Protection Agency. B. "Authorized Enforcement Official" means the City Manager, director of public works, fire chief or their designees; stormwater program manager, code enforcement officer, health officer, and those officials designated as code enforcement officials in Section 1.08.020 of the San Rafael Municipal Code. C. "BASMAA Post Construction Manual" means the most recent version of the Bay Area Stormwater Management Agencies (BASMAA) Post Construction Manual which provides design guidelines for reducing stormwater pollutant discharges through the construction, operation and maintenance of source control measures, low impact development design, site design measures, stormwater treatment measures and hydromodification management measures. D. "Best management practices (BMPs)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste recycling or disposal, or drainage from raw material storage. E. "City" means the city of San Rafael, a municipal corporation, situated in Marin County, California. F. "Construction activity" means any activity that involves soil disturbing activities including, but not limited to, clearing, paving, grading, disturbances to ground such as stockpiling, and excavation. G. "Discharge of a Pollutant" means: (a) the addition of any pollutant or combination of pollutants to waters of the United States from any point source; or (b) any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. The term includes Page 3 of 18 additions of pollutants to waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a State, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. H. "Illicit connection" means any device or method that conveys non-stormwater to a municipal separate storm sewer (storm drain) system (MS4) or receiving water. "Illicit discharge" means any discharge to a municipal separate storm sewer (storm drain) system (MS4) that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. The term illicit discharge includes all non-stormwater discharges not composed entirely of stormwater and discharges that are identified under the Exceptions to Discharge Prohibition section of this chapter. The term illicit discharge does not include discharges that are regulated by an NPDES permit (other than the NPDES permit for discharges from the MS4). J. "Incidental irrigation runoff" means unintended amounts (volume) of runoff, such as unintended, minimal over -spray from sprinklers that escapes the landscaped area of intended use. Water leaving an intended use area is not considered incidental if it is part of the facility design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence. K. "Low Impact Development (LID)" means a sustainable practice that benefits water supply and contributes to water quality protection. LID uses site design and stormwater management to maintain the site's pre -development runoff rates and volumes. The goal of LID is to mimic a site's predevelopment hydrology by using design techniques that infiltrate, filter, store, evaporate, and detain runoff close to the source of rainfall. L. "Maximum Extent Practicable (MEP)" means the minimum required performance standards, BMPs, control techniques and systems, design and engineering methods, and such other provisions as the Environmental Protection Agency Administrator or the State determines appropriate for reducing pollutants in stormwater. MEP is the cumulative effect of implementing, evaluating, and making corresponding changes to a variety of technically appropriate and economically feasible BMPs, ensuring that the most appropriate controls are implemented in the most effective manner. This process of implementing, evaluation, revising, or adding new BMPs is commonly referred to as the iterative process. M. "MCSTOPPP" means the Marin County Stormwater Pollution Prevention Program. Page 4 of 18 N. "NPDES permit" means a National Pollutant Discharge Elimination System (NPDES) permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board, or a California Regional Water Quality Control Board pursuant to the Clean Water Act that authorizes discharges to waters of the United States. O. "Non-stormwater discharge" means any discharge that is not entirely composed of stormwater. P. "Phase II Stormwater Permit" means the NPDES general stormwater permit applicable to the County of Marin, Water Quality Order No. 2013-0001—DWQ, General Permit No. CAS000004, and any subsequent amendment, reissuance or successor to this NPDES permit. Q. "Pollutant" means dredged soil, solid waste, incinerator residue, filter backwash, sewage, pet wastes, manure, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, sediment, dumped yard wastes, cellar dirt, and industrial, municipal and agricultural waste; or sand and gravel placed in such a way as to be carried away by stormwater into the storm drains and watercourses of the city. R. "Premises" means any building, lot parcel, real estate, or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips. S. "Storm drains" includes but is not limited to those stormwater drainage conveyance facilities within the city by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, culverts, ditches, man-made channels or storm drains, which are not part of a publicly owned treatment works (POTW) as defined at 40 Code of Federal Regulations (C.F.R) 122.2, or any successor regulation. T. "Stormwater" or "storm runoff' means stormwater runoff, snow melt runoff, and surface runoff and drainage. U. "Stormwater Control Plan" shall mean a plan that meets those criteria contained in the most recent version of the BASMAA Post Construction Manual. V. "Stormwater Facilities Operation and Maintenance Plan" shall mean a plan identifying the locations and characteristics of stormwater management facilities on a newly developed or redeveloped site and describing maintenance activities, schedules, and responsibilities to ensure the ongoing proper operation of those facilities. Page 5 of 18 W. "Stormwater management facility" shall mean any device designated to detain, retain, filter, or infiltrate stormwater, including, but not limited to, bioretention facilities. X. "Urban runoff' means stormwater runoff from an urbanized area including streets and adjacent domestic and commercial properties that carries pollutants of various types into the storm drainage system and receiving waters. Y. "Watercourse" means any natural or once natural flowing river, creek, stream, swale or drainageway, whether perennial, intermittent or ephemeral. Includes natural waterways that have been channelized but does not include channels, ditches, culverts or other above or below ground constructed conduits, i.e., storm drains. Section 9.30.040 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.040 — Responsibility for administration. This chapter shall be administered for the city by the authorized enforcement official. In administering this chapter, the authorized enforcement official has the authority to request and require the submittal of information deemed necessary to assess compliance with this chapter and the Phase II Stormwater Permit. Section 9.30.050 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.050 — Construction and application. This chapter shall be construed to assure consistency with the requirements of the federal Clean Water Act (33 U.S.C. Section 1251 et seq.) and acts amendatory thereof or supplementary thereto, and applicable implementing regulations, including the current and future versions of the water quality control plan for the San Francisco Bay basin and the Phase II Stormwater Permit. Section 9.30.060 of the San Rafael Municipal Code is hereby amended to read as follows: Page 6 of 18 9.30.060 — Discharge of pollutants prohibited. The discharge of non-stormwater discharges to the city's storm drain system is prohibited. All discharges of material other than stormwater must be in compliance with an NPDES permit issued for the discharge. Section 9.30.070 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.070 — Exceptions to discharge prohibition. The following discharges are exempt from the prohibition set forth in Section 9.30.060, above: A. Any discharge regulated under another NPDES permit issued to the discharger and administered by the state of California under authority of the United States Environmental Protection Agency; provided, that the discharger is in full compliance with all requirements of the permit and all other applicable laws and regulations; B. Discharges or flows from fire -fighting activities unless they are identified as significant sources of pollutants to waters of the United States. C. Discharges from the following activities, provided any pollutants in the discharges are identified and appropriate control measures to minimize the impacts of such discharges are developed and implemented. 1. Water line flushing; 2. Individual residential car washing; 3. Diverted stream flows; 4. Rising groundwaters; 5. Uncontaminated ground water infiltration (as defined at 40 C.F.R. §35.2005(20)) to separate storm sewers; 6. Uncontaminated pumped groundwater; 7. Discharges from potable water sources; 8. Foundation drains; 9. Air conditioning condensation; 10. Springs; 11. Water from crawl space pumps; 12. Footing drains; 13. Flows from riparian habitats and wetlands; Page 7 of 18 14. Dechlorinated swimming pool discharges; and 15. Incidental irrigation runoff from landscaped areas provided the conditions in item D of this section are met. D. Incidental irrigation runoff is the unintended amounts of runoff that leave the area of application such as minimal overspray. Water leaving the intended area of application is not incidental if it is due to the design, excessive application, or intentional overflow or application. Irrigation systems must be designed to conserve water and prevent water leaving the area of application. Property owners and persons responsible shall control irrigation systems to prevent excessive irrigation runoff by implementing the following BMPs: 1. Detect and repair leaks from the irrigation system within 72 hours of discovering the leak; 2. Properly design and aim sprinkler heads to only irrigate the planned application area; 3. Do not irrigate during precipitation events; and 4. Where recycled water is used for irrigation, design and manage holding ponds such that no discharge occurs unless it is the result of the 25 year -24 hour storm event. Any releases from holding ponds must be reported to the Regional Water Board and the county within 24 hours of the discharge. Section 9.30.080 of the San Rafael Municipal Code, is hereby amended to read in its entirety as follows: 9.30.080 — Discharge in violation of permit. Any discharge that would result in or contribute to a violation of the Phase II Stormwater Permit and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) or entities so causing or responsible for the discharge, and such persons or entities shall defend, indemnify and hold harmless the City in any administrative or judicial enforcement action relating to such discharge. Section 9.30.090 of the San Rafael Municipal Code is hereby amended to read as follows: Page 8 of 18 9.30.090 — Illicit discharges and illicit connections. The establishment, use, maintenance or continuance of illicit connections to the City storm drains or watercourses, and/or the commencement or continuance of illicit discharges to the City storm drains and water courses is prohibited. This prohibition is expressly retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection. A. Any person responsible for a discharge, spill, or pollutant release shall promptly cease and desist discharging and/or cleanup and abate such a discharge as directed by the authorized enforcement official. B. Any person responsible for an illicit connection shall promptly remove the connection as directed by the authorized enforcement official. C. The City may perform clean-up and abatement work and recover its costs from the responsible person as provided in Section 9.30.260. Section 9.30.100 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.100 — Reduction of pollutants in urban runoff. Any person engaged in activities which will or may result in pollutants entering the City storm drains shall undertake all practicable measures to cease such activities and to eliminate or reduce such pollutants. Such activities shall include, but not be limited to, ownership and use of parking lots, gasoline stations, industrial facilities, commercial facilities, ground disturbing activities, and stores fronting city streets. Section 9.30.140 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.140 — Construction -phase best management practices. A. Any person performing construction activities in the City shall implement appropriate BMPs to prevent the discharge of construction wastes or contaminants from construction materials, tools, and equipment from entering the storm drain system or watercourse. B. The City has the authority to review designs and proposals for construction activities to determine whether adequate BMPs will be installed, implemented, and maintained during construction and after final stabilization. C. Construction -phase BMPs include erosion and sediment controls and pollution prevention practices. Erosion control BMPs may include, but are not limited to, Page 9 of 18 scheduling and timing of grading activities, timely revegetation of graded areas, the use of hydroseed and hydraulic mulches, and installation of erosion control blankets. Sediment control may include properly sized detention basins, dams, or filters to reduce entry of suspended sediment into the storm drain system and watercourses, and installation of construction entrances to prevent tracking of sediment onto adjacent streets. Pollution prevention practices may include designated washout areas or facilities, control of trash and recycled materials, tarping of materials stored on-site, and proper location of and maintenance of temporary sanitary facilities. The combination of BMPs used, and their execution in the field, must be customized to the site using up-to-date standards and practices. The City will request the agency to provide references to current guidance manuals and BMP information . Section 9.30.150 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.150 — Erosion and sediment control plan requirements. A. When required by the Phase II Stormwater Permit or by the agency, a project shall have an Erosion and Sediment Control Plan (ESCP) which addresses erosion and sediment control and pollution prevention during the construction phase as well as final stabilization control measures. The ESCP and the specific control measures to be utilized shall be subject to the review and approval of the agency. The ESCP shall be implemented year round and shall be revised to reflect changing conditions on the project site. The agency shall require modifications of an approved ESCP if during the course of construction at a site unanticipated conditions occur or the plans prove inadequate for the intended purpose. Revisions of the approved ESCP shall be submitted to the agency for review and approval. An Erosion and Sediment Control Plan (ESCP) shall be required for any project: 1. Subject to a grading permit under Chapter 12.12. 2. Subject to a building permit or other permit that has the potential for significant erosion and/or significant non-stormwater discharges of sediment and/or construction site waste; 3. As required by the City considering factors such as whether the project involves hillside soil disturbance, rainy season construction, construction near a creek or an intermittent or ephemeral drainageway, or any other condition or construction site activity that could lead to a non-stormwater discharge to a storm drain if not managed by effective implementation of an ESCP. B. The ESCP shall be submitted for review and approval by the City. The project applicant shall follow the most recent version of the MCSTOPPP Construction Page 10 of 18 Erosion and Sediment Control Plan Applicant Package. At a minimum, the ESCP shall include: 1. Description of the proposed project and soil disturbing activity; 2. Site specific construction-phase Best Management Practices (BMPs); 3. Rationale for selecting the BMPs; 4. List of applicable outside agency permits associated with the soil disturbing activity, such as: Construction General Permit (CGP); Clean Water Act Section 404 Permit; Clean Water Act Section 401 Water Quality Certification; Streambed/Lake Alteration Agreement (1600 Agreements). 5. If the project requires coverage under the CGP issued by the State Water Resources Control Board (SWRCB), Permit Registration Documents must be filed with the SWRCB for said coverage and a copy of the Waste Discharge Identification Number shall be submitted to the City prior to issuance of a permit for construction. The applicant may submit the Storm Water Pollution Prevention Plan (SWPPP) required by the General Construction Activity Stormwater Permit in lieu of the ESCP provided it meets the requirements of the ESCP. 6. Financial security may be required to ensure that temporary measures to control stormwater pollution are implemented and maintained during construction and after construction for a period determined by the agency. Financial security shall consist of an irrevocable letter of credit, cash deposit, or performance bond as determined by the agency. 7. When any work is being done contrary to the provisions of this article, the authorized enforcement official may order the work stopped by notice in writing served on any persons engaged in doing or causing the work to be done. Such work shall stop until the authorized enforcement official authorizes the work to proceed. This remedy is in addition to and does not supersede or limit any and all other remedies, both civil and criminal provided in the City of San Rafael Municipal Code. 8. Implementation of an approved ESCP shall be a condition of the issuance of a building permit, a grading permit, or other permit issued by the City for a project subject to this section. The ESCP shall be implemented year round and must be updated to reflect changing conditions on the project site. Any modifications to the ESCP shall be submitted to the City for review and approval. Page 11 of 18 Section 9.30.151 is hereby added to the San Rafael Municipal Code to read as follows: 9.30.151 — Land development standards for permanent stormwater controls for new and redevelopments. The City may require, as a condition of project approval, permanent structural controls designed for the removal of sediment and other pollutants and for control on the volume and rate of stormwater runoff from the project's added or replaced impervious surfaces. These controls may include limits on impervious area. The selection and design of such controls shall be in general accordance with criteria established or recommended by federal, state, and local agencies, and where required by the City, the BASMAA Post Construction Manual. Where physical and safety conditions allow, the preferred control measure is to retain drainage ways above ground and in as natural a state as possible or other biological methods such as bioretention areas. Where required by the Phase II Stormwater Permit Provision E.12, or where required by the nature and extent of a proposed project and where deemed appropriate by the agency, every applicant shall develop, submit and implement a Stormwater Control Plan (SCP) as described below: A. The SCP shall follow the appropriate SCP template, based on project type, in the most recent version of the BASMAA Post Construction Manual. B. The specific practices proposed in the SCP shall be subject to the review and approval of the City and shall be in general accordance with the BASMAA Post Construction Manual, and the Phase II Stormwater Permit. C. The SCP is separate and distinct from the ESCP requirements described in Section 19.30.150(8). D. All stormwater management facilities shall be designed in a manner to minimize the need for maintenance and reduce the chances of failure. Design guidelines are outlined in the BASMAA Post Construction Manual. E. Where required by the City, as a condition precedent to the issuance of a building permit, the applicant shall submit a preliminary Stormwater Facilities Operation and Maintenance Plan (O&M Plan). The approval of the O&M Plan by the City is required prior to final inspection and approval of building permit closure. F. All stormwater management facilities shall be maintained according to the approved O&M Plan. The person(s) or organization(s) responsible for maintenance shall be designated in the plan. The plan shall require that stormwater management facilities be inspected by those responsible for maintenance at least annually. The O&M Plan shall also describe how the maintenance will be funded. Upon the failure of a responsible person to maintain the stormwater management facilities in accordance with the O&M Plan, the City may perform the maintenance and recover its costs from the responsible person as provided in Section 9.30.150. Page 12 of 18 G. Where deemed appropriate by the City, the City shall have access to stormwater management facilities for inspections, as provided in Section 19.30.220, and through such means as may be appropriate, including, but not limited to, legal agreements, recorded covenants or easements, shall be provided by the property owner. H. All project proponents and their successors, or successors in fee title, in control of project that is located within the City and that is defined as a Regulated Project in Provision E. 12.c. of the Phase II Stormwater Permit, or where required by the City, shall submit one of the following as a condition prior to final inspection and approval of building permit closure: The project proponent's signed statement accepting responsibility for the operations and maintenance of stormwater management facilities until such responsibility is legally transferred to another entity; 2. Written conditions in the sales or lease agreements or deed for the project that requires the buyer or lessee to assume responsibility for the operations and maintenance of the stormwater management facilities until such responsibility is legally transferred to another entity; 3. Written text in project deeds, or conditions, covenants and restrictions for multi -unit residential projects that require the homeowners association or, if there is no association, each individual owner to assume responsibility for the operation and maintenance of the stormwater management facilities until such responsibility is legally transferred to another entity, or 4. Any other legally enforceable agreement or mechanism, such as recordation in the property deed, that assigns the operation and maintenance of the stormwater management facilities to the project owner(s) or the City. Financial security may be required to ensure that stormwater management facilities operate and are maintained following construction for a period which may be determined by the agency. Financial security shall consist of an irrevocable letter of credit, cash deposit, or performance bond as determined by the agency. Section 9.30.160 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.160 — Notification of intent and compliance with permits. Each industrial discharger, discharger associated with construction activity, or other discharger, described in any general stormwater permit addressing such discharges, as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the Regional Water Quality Control Board, shall provide Permit Registration Documents, and shall comply with and undertake, all other activities required by any general stormwater permit applicable to such discharges. Page 13 of 18 Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by such permit. Section 9.30.170 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.170 — Compliance with best management practices. Where best management practices guidelines or requirements have been adopted by any federal, state of California, regional, and/or local agency, for any activity, operation or facility that may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of non-stormwater to the storm drain system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements as may be identified by the authorized enforcement official. Section 9.30.190 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.190 — Watercourses—Prohibited Actions. No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the authorized enforcement official: A. Discharge into or connect any pipe or channel to a watercourse; B. Modify the natural flow of water in a watercourse; C. Deposit in, plant in, or remove any material from a watercourse including its banks, except as required for necessary maintenance; D. Construct, alter, enlarge, connect to, change, or remove any structure in a watercourse; or E. Place any loose or unconsolidated material adjacent to or within a watercourse so as to cause a diversion of the flow, or to cause a probability of such material being carried away by stormwaters passing through such watercourse. The provisions of Sections 9.30.180 and 9.30.190 shall be cumulative of all provisions of Chapters 11.30 and 17.10, and 17.40 of this code. Page 14 of 18 Section 9.30.220 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.220 — Inspections—Authority and procedure. The authorized enforcement official has the duty and the responsibility to inspect any and all locations for any violation of the provisions of this chapter. The authorized enforcement official may, within the limitations of applicable state and federal laws, enter any building or any premises (including, but not limited to, facilities, equipment, practices, or operations) at all reasonable times, to perform any duty imposed upon the official by this chapter, or to inspect the building or premises for any or all of the following situations, as determined by the authorized enforcement official: A. Routine inspections to ensure implementation of BMPs and other requirements of this chapter; B. Active or potential stormwater discharges; C. Whenever there is reasonable cause to believe that there exists any condition which constitutes a violation of the provisions of this chapter or the Phase II Stormwater Permit; or D. Whenever necessary to enforce any of the provisions of this chapter or the Phase II Stormwater Permit. The authorized enforcement official must present proper credentials to, and obtain consent from the owner or occupant to enter. In the event the owner and/or occupant refuses entry, the official shall request assistance of the city attorney to obtain an administrative warrant for the premises, pursuant to the provisions of state law. Section 9.30.230 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.230 — Sampling—Authority and procedure. A. Routine Sampling. The authorized enforcement official has the right to, and shall conduct routine sampling and monitoring on or adjacent to the premises under review. The cost of such routine sampling and/or monitoring activities, including test reports and results, shall be borne by the City. The authorized enforcement official may, within the limitations of law, enter such premises at reasonable times to conduct sampling and monitoring operations; provided, that the official presents proper credentials to, and obtains consent from the owner or occupant to enter. In the event the owner and/or occupant refuses entry, the official shall request assistance of the city attorney to obtain an administrative warrant for the premises, pursuant to the provisions of state law. Page 15 of 18 B. Required Sampling. Whenever the authorized enforcement official has reasonable cause to believe that the owner and/or occupant of a premises is engaged in an activity and/or operating a facility that is causing or contributing to stormwater pollution or contamination, illicit discharges, and/or the discharge of non-stormwater or other unlawful material, to the storm drain system, the official may require the owner and/or occupant to conduct sampling and/or monitoring activities on the premises, and to furnish such test results and reports as the official may determine. The burden and cost of undertaking such sampling and monitoring activities, including test results and reports, shall be borne by the owner of the premises under review. The type and method of sampling and monitoring shall bear a reasonable relationship to the need for testing and monitoring and to the benefits to be obtained, as determined by the enforcement official. Section 9.30.260 of the San Rafael Municipal Codeis hereby amended to read as follows: 9.30.260 — Violations—Civil action for enforcement. The violation of any provision of this chapter, or the failure to comply with any of the requirements of this chapter, may be enforced by a civil action brought by the city attorney in any court having appropriate jurisdiction. In any such action, the city may seek any or all of the following remedies: A. A temporary or permanent injunction; B. Costs of investigation, inspection, sampling or monitoring activities concerning the violation, and costs of suit; C. Costs of restoration of the premises from its condition resulting from the violations back to its original condition; D. Compensatory damages including but not limited to loss and/or destruction of water quality, wildlife, fish, aquatic habitat, and other adverse environmental effects. Damages recovered under this subsection shall be used exclusively for costs of sampling and monitoring, of establishing stormwater discharge pollution control systems, and of implementing and/or enforcing the provisions of this chapter. E. Civil penalties, reimbursement of City administrative and abatement costs, judicial abatement, and treble damages, as authorized by Sections 1.42.020, 1.42.030 and 1.42.040 of the San Rafael Municipal Code. Page 16 of 18 Section 9.30.270 of the San Rafael Municipal Code is hereby amended to read as follows: 9.30.270 — Violations—Administrative enforcement action. In addition to any other enforcement powers and/or remedies provided in this chapter, an authorized enforcement official may issue an order to a person to cease and desist from the discharge, practice, operation or other activity causing or likely to cause a violation of this chapter. Such order shall be directed to those persons in violation of the chapter stating clearly and concisely the nature of the violation, the requirements for compliance, a timetable for compliance, and such other remedial and/or preventive action as may be necessary. Upon the violator's failure to comply with such order, the city may take further enforcement action as specified in this chapter, or in accordance with any other appropriate provision of local, state or federal law. At the discretion of the authorized enforcement official, orders to cease and desist may take the following form: A. Verbal Warnings, as may be issued during inspections; B. Warning Letters and Orders to Abate Pollution; C. Warning Letters with requirements to submit written reports; or D. Formal administrative enforcement action as described in this chapter and as authorized by Chapters 1.40 and 1.46 of the San Rafael Municipal Code. Section 9.30.300 of the San Rafael Municipal Code is hereby deleted. DIVISION 2. The adoption of this ordinance is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the CEQA Guidelines (14 CCR Section 15308) becauase it is an action taken by a regulatory agency for the purpose of the environment and no exceptions to this, categorical exemption apply. DIVISION 3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases be declared invalid. Page 17 of 18 DIVISION 4. This Ordinance shall be published once, in full or in summary form before its final passage, in a newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for and against the Ordinance. GARY O. PHILLIPS, Mayor ATTEST: ESTHER BEIRNE, City Clerk The foregoing City Ordinance No. was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 1stday of June, 2015 and order passed to print by the following vote, to wit: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 15th day of June, 2015. Page 18 of 18 CITY OF SAN RAFAEL NOTICE OF PUBLIC HEARING The City Council of the City of San Rafael will hold a public hearing: PURPOSE: Public Hearing: To consider adoption of an ordinance amending the San Rafael Municipal Code by amending Chapter 9.30 thereof entitled "Urban Runoff Pollution Prevention" for the purpose of adopting new construction and post -construction stormwater management requirements as prescribed by the City's NPDES Phase II Stormwater Permit. The proposed Ordinance includes a finding that is categorically exempt under the California Environmental Quality Act. DATE/TIME/PLACE: Monday, June 1, 2015, at 7:00 p.m. City Hall Council Chambers, 1400 Fifth Avenue, San Rafael WHAT WILL HAPPEN: You may comment on the proposed ordinance. The City Council will consider all public testimony and will then decide whether to approve the introduction of the ordinance for adoption. IF YOU CANNOT ATTEND: You may send a letter to Esther C. Beirne, City Clerk, City of San Rafael, P.O. Box 151560, San Rafael, CA 94915-1560. You may also hand deliver a letter to the City Clerk prior to the meeting. FOR MORE INFORMATION: You may contact Kevin McGowan, Acting Director of Public Works/City Engineer, at kevin,mcgowan@cityofsanrafael.orq or (415) 485-3389. Office hours are Monday through Friday, 8:30 a.m. to 5:00 p.m. SAN RAFAEL CITY COUNCIL /s/ ESTHER C. BEIRNE ESTHER C. BEIRNE, City Clerk (Please publish in the Marin Independent Journal on and Friday, May 22, 2015) CITY OF SAN RAFAEL NOTICE OF PUBLIC HEARING The City Council of the City of San Rafael will hold a public hearing: PURPOSE: Public Hearing: To consider adoption of an ordinance amending the San Rafael Municipal Code by amending Chapter 9.30 thereof entitled "Urban Runoff Pollution Prevention" for the purpose of adopting new construction and post -construction stormwater management requirements as prescribed by the City's NPDES Phase II Stormwater Permit. The proposed Ordinance includes a finding that is categorically exempt under the California Environmental Quality Act. DATE/TIME/PLACE: Monday, June 1, 2015, at 7:00 p.m. City Hall Council Chambers, 1400 Fifth Avenue, San Rafael WHAT WILL HAPPEN: You may comment on the proposed ordinance. The City Council will consider all public testimony and will then decide whether to approve the introduction of the ordinance for adoption. IF YOU CANNOT ATTEND: You may send a letter to Esther C. Beirne, City Clerk, City of San Rafael, P.O. Box 151560, San Rafael, CA 94915-1560. You may also hand deliver a letter to the City Clerk prior to the meeting. FOR MORE INFORMATION: You may contact Kevin McGowan, Acting Director of Public Works/City Engineer, at kevin.rncq o,,Aj a nj��� ael.orr4-3389. Office hours are Monday through Friday, 8:30 a.m. to 5:00 p.m. SAN RAFAEL CITY COUNCIL /s/ ESTHER C. BEIRNE ESTHER C. BEIRNE, City Clerk (Please publish in the Marin Independent Journal on Friday, May 22, 2015) CITY OF SAN RAFAEL INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. DATE OF MEETING: 6701/15 FROM: Kevin McGowan DEPARTMENT: Public Works DATE: May 19, 2015 TITLE OF DOCUMENT: CONSIDERATION OF AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL MUNICIPAL CODE BY AMENDING CHAPTER 9.30 THEREOF ENTITLED "URBAN RUNOFF POLLUTION PREVENTION" FOR THE PURPOSE OF ADOPTING NEW CONSTRUCTION AND POST -CONSTRUCTION STORMWATER MANAGEMENT REQUIREMENTS AS PRESCRIBED BY THE CITY'S NATIONAL POLLUTANT DISCHARGE EL INJNATION SYST (NPDES) PHASE II STORMWATER PERMIT. /y7 P Department Head (✓signat e) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL/ AGENCY AGENDA ITEM: City Manager (signature) NOT APPROVED :II►Ti/_1:7:691 APPROVED AS TO FORM: City Attorney (signature) File No.: 08.07.08