Standards Near Streams - 2005MEMORANDUM
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CITY OF CAMPBELL
TO: Sharon Fierro DA~September 22, 2005
Community Development Director
FROM: Anne Bybee, City Clerk
SUBJECT: Support of Guidelines and Standards for Land Uses Near Streams
At its regular meeting of September 20, 2005, the City Council adopted Resolution
10566 in support of Guidelines and Standards for Land Uses Near Streams and the
2005-06 Implementation Program of the Santa Clara Valley Water Resources
protection Collaborative. A certified copy of Resolution 10566 is attached.
cc: Public Works Dept.
RE~ESVED
SEP 2 3 2005
-'~'1NNINGDEpTu
RESOLUTION N0. 10566
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL IN SUPPORT OF THE GUIDELINES AND
STANDARDS AND THE 2005-2006 IMPLEMENTATION
PROGRAM OF THE WATER RESOURCES PROTECTION
COLLABORATIVE FOR THE PLANNING AND PERMIT
REGULATIONS FOR THE PROTECTION OF WATER
RESOURCES WITHIN SANTA CLARA COUNTY.
WHEREAS, the Santa Clara Valley Water District (SCVWD), along with
representatives of the County of Santa Clara, the fifteen cities in Santa Clara
County, the Guadalupe-Coyote Resource Conservation District, the San
Francisco Bay Regional Water Quality Board, various business and development
interests, property owners and environmental, agricultural and community
interests have formed and are members of the Water Resources Protection
Collaborative; and
WHEREAS, all Collaborative members share the watershed resource protection
goals of flood management, drinking water quality and quantity, surface and
groundwater quality and quantity, and habitat protection and enhancement; and
WHEREAS, the SCVWD, cities and County are committed to furthering these
goals through the adoption of land development guidelines and standards jointly
developed with other stakeholders; and
WHEREAS, in order to accomplish these goals, the Collaborative recognizes the
importance of private creek side owners' interest, monitoring and accountability,
and delineation of responsibility for administering mutually agreed-upon policy,
guidelines, and standards to which SCVWD, County and municipal activities, and
permit review, shall conform; and
WHEREAS, it is recognized that the SCVWD, cities and County through
Implementation of their National Pollutant Discharge Elimination System
(NPDES) Permit, Best Management Practices and other means have
continuously acted to protect the watersheds and water quality in Santa Clara
County; and
WHEREAS, it is recognized that Local Control is the Key Principle to the
implementation of resource protection goals, and that cities and the County are
the primary jurisdictions for LAND USE PLANNING and LAND USE PERMIT
REGULATION, .and that the broader stakeholder community has a central role in
local stewardship and enhanced resource protection.
Council Resolution
Implementation Program of SCVWD Water Protection Collaborative
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Campbell ratifies and supports the above foundational principles of the Water
Resources Protection Collaborative; and
BE IT FURTHER RESOLVED that the City of Campbell supports the following
specific components of the Collaborative agreement:
1. A commitment by the City of Campbell to make best efforts to incorporate the
Proposed Guidelines and Standards and the Proposed Implementing Tools
into their appropriate land use processes by February 2007.
2. Commitment for appropriate levels of participation in the Adaptive
Management Process.
3. Commitment for participation in the Early Consultation of projects with
SCVWD as appropriate.
4. Commitment for continued attendance by City of Campbell members of the
Collaborative at quarterly meetings through February 2007.
PASSED AND ADOPTED this loth day of septeriber 2005, by the
following roll call vote:
AYES: COUNCILMEMBERS: Burr, Hernandez, Furtado, Watson, I:ennedy
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROV
Ja .Kennedy, Mayor
ATTEST:
Anne Bybee, City Clerk
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' TITi_E: Resolution in .Support of Guidelines~and Standards for Land Uses
Near Streams and the 2005-06 Implementation Program of the .
Santa Clara Valley Water Resources Protection Collaborative
(Resolution/Roll CaN Vote)
RE-COMMENDATION
That the City Council adopt the attached resolution in support of the Guidelines
and Standards for Land Uses Near Streams and. the 2005-06 Implementation
Program of the Santa -Clara Valley Water .Resources Protection Collaborative
(Collaborative). -
BACKGROUND
-- The Collaborative was convened in February 2b03 as an ad hoc working group
to address. issues related to land use near streams. The Collaborative consists
of representatives from` 15 municipalities (including ;the City of Campbell), the
County of Santa Clara, the Santa Clara Valley Water District (District), and other
community and environmental group stakeholders.
The origins of the Collaborative trace back to the District's effort to extend its
permitting authority beyond its traditional jurisdictional boundary of 50 feet from
District streams and facilities within Santa Clara County. Representatives from
the cities in .Santa Clara County and the County of Santa Clara,. while supportive
of the District's goals of stream and riparian corridor protection, preservation of
surface and groundwater quality, and flood protection, were concerned about the
potential conflicts between the District's permit requirements and local agencies'
land use and zoning regulations. The Collaborative was formed as a consensus-
based forum in which the local agencies, the District, and other interested parties
could jointly develop 1) a set of guidelines and standards for land uses near
streams consistent with their mutual stream protection ~ goals, and 2) an
implementation program which clearly delineates the roles of the District and the
local agencies in land use permitting and regulation for properties near streams.
Staff from the local agencies, District representatives, and stakeholders from
community and environmental groups, assisted by a professional facilitator, have
met monthly for the past two and a half years as members of the Collaborative.
Community Development Director Sharon Fien-o and former Envif-ofl-mental
City Council Report
Implementation Program of S.C.V. Water Resources Protection Collaborative
Page 2
Programs Manager Lynn Penoyer represented the.. City of Campbell in the
Collaborative process. The Collaborative has. recently achieved a major
milestone by reaching consensus on a number of key policy issues and guidance
documents. ,
DISCUSSION
Members of the Collaborative and their .support staff have jointly developed the
following documents:
• Guidelines and Standards for Land Uses Near Streams
• Implementing Tools for the Guidelines and Standards for Land Uses Near
Streams
• Adaptive Management Plan and Process for the Guidelines and Standards for
Land- Uses Near Streams
• Work Plan for Outreach for the Guidelines and Standards for Land Uses Near
Streams
• Work Plan for the Water Resources Protection Collaborative (September
2005 -February 2007)
• Work Plan for Early Consultation Program for Review of Land Uses Near
Streams
• Work Program for the District's Comprehensive Plan
The Guidelines and Standards for Land Uses Near Streams (G&S) cover a wide
range of issues affecting land development near and in local streams. The G&S
address issues such as building setbacks, riparian corridor buffers, creek bank
stabilization techniques, vegetation management (e.g., preservation of native
riparian vegetation .and prohibitions against planting of non-native, invasive
species, etc.), bridge and storm drain outfall design, and floodplain
management.. Adoption of G&S as ordinances and/or policies by the District and
each of the local agencies within Santa Clara County will ensure that stream and
riparian corridor protection measures are ,applied uniformly throughout the
County. The local agency members of the Collaborative have agreed to ask their
governing bodies to adopt a resolution of support for continuing efforts to adopt
regulations to implement G&S in the coming years, as described below:
1. Evaluation of appropriate guidelines and standards, applicable to
development in Campbell, as part of the Fiscal Year 2006-2007 work plan.
2. A commitment to make best efforts to incorporate the G&S and associated
implementation tools into appropriate land use review processes by
February 2007.
City Council Report,
Implementation Program of S.C.V.. Water Resources Protection Collaborative
Page 3
3. A commitment for continued staff participation in the monitoring,
assessment, and adaptive management processes.
4. Development of a mechanism to track and monitor streamside permit
activi#y within the City anal provide quarterly reports for the Collaborative
Work Team to assess the effectiveness of the application of the- G&S
process in Campbell.
5. A commitment to participate in a process of early consultation with the
Water District for projects near streams, as appropriate.
6. Continued attendance by Sharon Fierro or her designee at quarterly
Collaborative meetings through February 2007.
Council adoption of the attached resolution. is consistent with the following
General .Plan Goals, policies and programs:
Biological Resources
Goal CNR-3: Protect and maintain animal and plant species and supporting
habitats within Campbell
Policy CNR-3.1: Riparian Corridor Preservation:. Preserve the
aesthetic and habitat value of riparian corridors.
Strategy CNR-3.1 a: Development Near Riparian Corridors:
Cooperate with State, federal and local
agencies to ensure that development
does not cause significant adverse
irrmpacts to existing riparian corridors.
Strategy CNR-3.1 b: Santa Clara Valley Water District
Activities: Work with Santa Clara Valley
Water District to restrict future fencing,.
piping and channelization of creeks
when flood control and public safety can
be achieved through measures that
preserve the .natural environmental and
habitat of riparian corridors.
Strategy CNR-3.1 c: Native Species Planting: Encourage the
Santa Clara Valley Water District,
County Parks Department, City,
developers and private property owners
to plant and maintain native trees and
plants and replace invasive, non-native
City Council Report
Implementation Program of S.C.V. Water Resources Protection Collaborative
Page 4
species with native ones along creek
corridors.
Strategy CNR-3.1d: Removal of Invasive Species: Institute
an on-going program to remove invasive
plan# species and harmful insects from
ecologically sensitive areas, primarily by
means other than application of
herbicides and pesticides.
Strategy CNR-3.1e: Concrete-lined Channels: Coordinate
efforts. with the Water District to revert
some existing concrete-lined channels
to more natural alternatives such as
levees.
Strategy CNR-3.1f: Grading Ordinance: Develop and
implement a Grading Ordinance that
requires the .use of erosion and
sediment control measures and
minimizes grading and vegetation
removal near creeks to ensure that the
creeks are protected from reduction in
bank stability, erosion, downstream
sedimentation and flooding.
Water Resources
Goal CNR-5: Promote high-quality drinking, surface and ground water Citywide.
Policy CNR-5.1: Water Quality Enhancement: Enhance the quality of
surface water and groundwater resources and
prevent their contamination
Strategy CNR-5.1a: Regional Water Quality Control Board:
Comply with the Regional Water Quality
Control. Board's regulations and
standards to maintain and improve
water quality.
Strategy CNR-5.1c: Public Education: Educate and inform
the public about. the importance of a
clean water supply and safe alternatives
to toxics for home and garden use.
Strategy CNR-5.1d: Sediment Removal- from Creeks: Work
with Santa Clara Valley Water District
City Council Report
Implementation Program of S.C.V. Water Resources Protection Collaborative
Page 5
on sediment management for the
creeks.
Strategy CNR-5.1e: Dumping into Waterways: Work with the
Santa Clara Valley Water District.- to
protect surface water quality by
prohibiting the dumping of toxic
chemical substances, debris and refuse
in and near water ways and storm
drains and adding signs with this
information near these areas.
Strategy CNR-5.1f: Toxic Chemical Substances Use and
Dis osal: Work with other agencies to
prepare and disseminate .information
about the potentially harmful effects of
toxic chemical substances, including
information about proper disposal and
safe alternatives to home and garden
use.
Strategy CNR-5.1g: Dry Wells: Encourage filling of dry wells.
FISCAL IMPACT
The implementation program identified above will have no impact on the City's
budget. There will be impacts on City resources since additional staff effort will
be required to implement this program, but it is staffs intent to absorb this
workload within existing staffing levels. Including this program within the
development review process could delay project processing in general because
of these added work requirements.
ALTERNATIVES
1. Do not adopt the resolution in support of Guidelines and Standards for Land
Uses Near Streams and the 20050-06 Implementation Program of the
Collaborative.
2. Adopt the resolution in support of Guidelines and Standards for Land Uses
Near Streams but delay the implementation of the Guidelines and Standards.
3. Provide other direction or request additional information.
City Council Report
Implementation Program of S.C.V. Water Resources Protection Collaborative
Page 6
Prepared by: ~'~ (~
Sharon Fierro, Community Devel ent Director
Approved by:
ich, City Manager
Attachment
1. Resolution