New Development & Construction Controls

NEW DEVELOPMENT & CONSTRUCTION CONTROLS

NEW DEVELOPMENT & CONSTRUCTION CONTROLS

QUALITATIVE RESULTS

Municipality: City of OrindaPermit Year: (2008/2009)

Introduction:

Minimizing adverse water quality impacts associated with land development activities is the overall goal of the City of Orinda (the City). The City’s goals for the New Development and Construction Controls (NDCC) Program this past fiscal year were pending issuance of the Municipal Regional Permit. Since the MRP was not issued during the fiscal year, the goals remained the same as the previous year’s goals:

• Continue to ensure compliance with new requirements pertaining to C.3.
• Educate all permit applicants about BMPs and other requirements that protect water quality.
• Continue training of Planning Department staff to enable them to effectively educate permit applicants about pollution prevention practices and C.3 requirements. The City will provide annual training for all staff in the Planning, Engineering and Public Works departments on C.3 and other new development issues. Training will be conducted using a PowerPoint presentation developed by the Program titled “Controlling Water Quality and Quantity Using Low Impact Development Integrated Management Practices”. This latter training was planned for the past fiscal year but due to time constraints was not accomplished.
• Further educate the public through links on the City's website to BMP-related materials, permit application, and other relevant water quality protection-related materials. The City will be revamping its website to make it more user-friendly and this should facilitate applicant’s ability to access C.3 information.
• Seek new opportunities to increase awareness of the water quality-related information that exists on the City's website, such as the Orinda Way newsletter, building permits, and privately-published local papers to maximize the education process.
• Amend the City’s General Plan and Planning department forms and brochures (including CEQA review procedures) to reflect C.3 requirements, including implementation of the Hydrograph Modification Management Plan beginning October 14, 2006 and the reduction of C.3 treatment requirement threshold to 10,000 square feet of impervious surface.
• Re-conduct its review and analysis of local design standards and guidance to identify standards and guidance that need revision.

Approximately 900 acres of vacant land are available for potential development in the City, the vast majority of which are in the residential sector. However, of this number, only approximately 400 acres are practical for residential development/redevelopment.

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

In addition to the City's actions, the Clean Water Program (Program) undertook numerous C.3 implementation activities on behalf of the co-permittees, which are highlighted in Volume 1, Section 3 of this Annual Report. The Stormwater Program Manager attended C.3 Implementation Work Group meetings as frequently as possible (October 2008, December 2008, February 2009, and May 2009 meetings).

Wilder Project (formerly known as GatewayValley and Montanera). This project is described on page NDCC-2 of the NDCC section of the 2005-2006 Annual Report. In November 2005, the Orinda Planning Commission approved the Vesting Tentative Map (VTM) and Final Development Plan (FDP) for the Montanera Project in GatewayValley. These approvals followed several years and numerous public workshops and hearings held by the Planning Commission and City Council on the development agreement and environmental review of the development project. In March 2005, the Orinda City Council approved amendments to the development agreement for the Montanera project in GatewayValley and certified the Supplemental Environmental Impact Report (SEIR) for the proposed changes to the project. As approved, the project includes: 245 single-family residential units; five playfields; a community park; a recreation and maintenance yard, and associated parking; a community art and garden center; a private swim club; a network of trails within the development and in the open space areas surrounding the developed portions of the project; re-routing of the existing 115 kV Moraga-Claremont power line from an east-west alignment across the valley to a north-south alignment around the valley; and preservation of approximately 1,354 acres of open space. The Regional Water Quality Control Board (RWQCB) oversaw compliance with the C.3 requirements at this site. Grading activities began in June 2006 and continue at the time of this report. Grading activities ceased during the 2006-2007, 2007-2008, and 2008-2009 rainy season. Due to financial difficulties, the project did not resume grading activities after the 2008-2009 grading season until July 2009. At the time of this report, the developer is currently conducting grading operations at their own risk because they have not submitted revised grading plans after receiving City Council approval to place excess soil at the location of the City ballfields at the development.

City of Orinda staff, primarily the Grading Inspector and Stormwater Program Manager, continued to expend a significant effort during 2008-2009 winter season conducting pre-rainy and rainy season inspections of the project site and meeting/conferring with

project staff and state officials to ensure the site stayed into compliance. Fortunately, the site fared better during the 2008-2009 rainy season than the 2007-2008 rainy season.

Orinda Grove Project (formerly Pine Grove). The Pulte Homes Corporation submitted a formal application in May 2005 to develop the 11.1-acre Pine Grove site and the adjacent 3.1-acre City-owned ball fields. The current development proposal contains 73 dwelling units, relocation of the City-owned ball fields to the west side of the project site and construction of a tot lot and 728-square foot restroom/storage facility, and construction of an approximately 8,700 square foot Orinda Union School District (OUSD) office building to replace the existing District offices on the site, and parking and pedestrian facilities. The application was deemed complete in November 2007. A draft and final Environmental Impact Report (EIR) have been completed. Certification of the final EIR was considered in January 2008 with three changes to the mitigation measures in the final EIR, but was not approved due to concerns raised regarding C.3 compliance and traffic circulation. In June 2008, Pulte Homes issued for consideration a revised design alternative which resolved stakeholder concerns regarding the location of the entrance way and emergency vehicle access roads into the project area. The developer is working to ensure that stormwater from roadways and impervious areas throughout the development are treated on site before being discharged to San Pablo Creek. The project requires treatment but not flow control of stormwater due to a decrease in impervious surface from pre-development conditions. The developer submitted draft Stormwater Control Plans in April and June 2007, which the Stormwater Program Manager as well as the Program’s C.3 consultant reviewed. Numerous meetings were held with municipal and Program staff to address concerns raised by a resident regarding C.3 aspects of project. During the 2008-2009 fiscal year, the revised design alternative was approved by the City. The developer has yet to submit a revised SCP and has placed the project on hold.

SouthwoodValley Project. This project entails development of a 43-acre parcel with single-family residences. The average slope of the lot is nearly 31 percent and a creek runs through the property. The application had deemed incomplete at the time of this report. Technical studies in support of an EIR have been completed with the exception of the tree survey. The administrative draft EIR was completed in September 2008 for review by municipal staff. City staff had significant comments to the EIR with respect to utilities, geology, seismicity, soils, landsliding, and hydrology, and their associated mitigation measures. These comments were provided to the applicant. The applicant has since indicated that they are not proceeding with the project. As such, the City stopped work on the project and closed the project file.

Stein Way Subdivision (Orinda Oaks). This project consists of a subdivision application to allow a parcel with a gross area of 23.3 acres to be subdivided into 12 lots. An Initial Study and Proposed Mitigated Negative Declaration was prepared for the project in September 2004, and adopted in written form by the City Council in April 2006. At the

same time, the City Council found the project in compliance with the applicable standards of the Orinda Municipal Code with conditions of approval that include C.3 requirements. C.3 requirements include (1) submittal of a Stormwater Control Plan (SCP) prior to issuance of permits for building, site improvements, or landscaping and (2) execution of any agreements identified in the SCP that pertain to transfer of ownership and/or long-term maintenance of stormwater treatment or hydrograph modification BMPs and submittal of an Operation and Maintenance Plan prior to building permit final and issuance of Certificate of Occupancy. The Stormwater Control Plan submitted in September 2008 was reviewed and approved by City staff (Attachment ND-1). The stormwater treatment/flow control facilities at the project will include the following ten integrated management practices (IMPs): seven flow-through planters and three in-ground (infiltration) planters. Operation and maintenance of the stormwater treatment facilities will be addressed through the same Geologic Hazard Abatement District (GHAD) that was developed for the Wilder project; in November 2008, the Annexation of the Orinda Oaks Annexation Area to the Wilder GHAD was approved. Due to the economic climate, no further progress has been made on the project.

A second smaller subdivision at 37 Parkway Court involves an approximate 4-acre parcel subdivided into 3 parcels. During this fiscal year, the applicant submitted parcel maps, subdivision plans, a Stormwater Control Plan, an Operation and Maintenance Plan, CC&Rs, and a Maintenance Agreement for review by City staff. The SCP entails two treatment-only bioretention facilities; only treatment (and not flow-control) requirements apply because the development will comprise greater than 10,000 square feet but less than 1 acre of new impervious area. Subdivision documents are currently being reviewed by municipal staff and will likely be finalized during the 2009-2010 fiscal year.

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

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

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

Implementation & Evaluation:

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

Measures and Policies to Implement Provision C.3

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

Pages NDCC-4 and NDCC-5 of the NDCC section of the 2005-2006 Annual Report provide information regarding the measures and policies taken to implement C.3 (NDCC-1 through 4 and Provision C.3.b). Additional measures undertaken in the 2008-2009 Fiscal Year are described below.

As indicated previously, the City of Orinda has adopted the Program’s methodology for verifying Operation and Maintenance of stormwater treatment and flow control facilities that. As the completion of the Wilder project and other C.3 compliant projects near, the City will refine its organizational structure for implementing the verification program, including an evaluation of effectiveness and planned improvements. At this time, a process for selecting and prioritizing facilities to be inspected and for follow-up is not applicable. No stormwater treatment facility inspections were conducted during 2008-2009 as none were in operation. The City updated Appendix A (Local Exceptions and Requirements) and Appendix K (City of Orinda BMP Operation and Maintenance Verification Program) to the C.3 Guidebook. The revised versions are included as Attachments ND-2 and ND-3, respectively. In addition, the City developed a Stormwater Facilities Construction Inspection Checklist based on the City of Walnut Creek’s model (Attachment ND-4). In Fiscal Year 2009-2010, the City will add a Stormwater Facility Certification Fee to its fee schedule.

No projects subject to C.3 requirements were granted exemptions to any of the C.3 requirements during the 2008-2009 year.

In compliance with Provision C.3.j, the City of Orinda conducted its draft review and analysis of local design standards and guidance, identified opportunities for revision, and identified proposed revised standards and guidance (see Attachment ND-1 in the NDCC section of the FY 2005-2006 Annual Report). The City had planned to re-conduct its review and analysis of local design standards and guidance to identify standards and guidance that need revision this year but due to time constraints, such a review and analysis did not occur and is retained as a goal for FY 2009-2010.

The table of sources and source control measures is now located in Appendix D of the 4th edition of the Stormwater C.3 Guidebook (previously in Appendix E of the 3rd edition C.3 Guidebook). The City of Orinda has made no changes to the way it implements source control measures.

Two Amendments were made to the City’s General Plan during FY 2008-2009. On August 18, 2008, the City Council approved an amendment to the General Plan Land Use Map changing the land use designation at 8 Altarinda Way from public and semi-public to residential-multifamily and downtown-business and professional office. On March 3, 2009, the City Council approved amendments to the Growth Management Element of the General Plan. The City’s current General Plan is for the period 1987 through 2007. The Housing Element portion of the General Plan was updated in 1991 and again in 2005, and is scheduled to be updated again by the end of 2009.

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

Development Plan Review and Permitting

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

The City of Orinda has not developed any city-specific policies or guidelines for development and implementation of post-construction water quality protection measures. C.3 educational materials are provided to municipal staff as new materials become available, and to developers, contractors, construction site operators, and owner/builders during the application and planning process

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

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