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MINUTES - 10072003 - C87
?7 TO: BOARD OF SUPERVISORS ' Contra FROM: DENNIS M. BARRY, AICP Costa COMMUNITY DEVELOPMENT DIRECTOR County DATE: OCTOBER 7, 2003 SUBJECT: AUTHORIZATION FOR GENERAL PLAN AMENDMENT STUDY TO MODIFY POLICIES AND MEASURES RELATING TO NEW CLEAN WATER RE'QUIREME'NTS UNDER CONTRA COSTA COUNTY'S NPDES PERMIT SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS AUTHORIZE the Community Development Department to undertake a General Plan Amendment Study to review and modify General Plan policies and measures, to review and modify the Zoning Ordinance Code, and, as necessary, to modify the County's land use entitlement process, to incorporate the new Clean Water Requirements under Contra Costa County's National Pollutant Discharge Elimination System (NPDES) Permit. CONTINUED ON ATTACHMENT: X YES SIGNATURE & f4-"-!� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOAR©COIF ITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND X. UNANIMOUS(ABSENT l CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Patrick Ruche,CDD-AP 335-1242 ATTESTED October 7, 2003 cc: CAO JOHN SWEETEN, CLERK OF THE BOARD OF Clerk of the Board SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel M.Shlu,Dir.,Public Works o.t �' M.Avalon,.Chair,County NPDES Task Force BY - DEPUTY C.Kutsuris, Dep. Dir.,Comm.Dev.Dept. ' October 7,2003 Board of Supervisors GPA Study Authorization related to New Clean Water Requirements under NPDES Permit Page 2 FISCAL IMPACT Unfunded mandate. The cost of activities related to this project would be an unfunded mandate until such time as the Board approves a surcharge through County development fees,as recommended by the Finance Committee. BACKGROUND / REASON'S FOR RECOMMENDATION On February 19, 2003, the San Francisco Bay Regional Water Quality Control Board (SFRQWCB) renewed and 'amended Contra Costa County's National Pollutant Discharge Elimination System (NPDES) Permit for the discharge of stormwater into San Francisco Bay and its tributaries and the San Joaquin pinta and its tributaries. The NPDES Permit is jointly issued to the County and sixteen cities within the SFRQWCB. The amendment to the NPDES Permit renewal included new provisions for"New Development and Redevelopment Standards", also known as Provision C.3.,which calls on the County to update or revise its General Plan to incorporate water quality and watershed protection principles and policies designed to protect natural water bodies, reduce impervious land' coverage, and slow runoff. These new clean water requirements for stormwater runoff mean a change in approach requiring stormwater from projects to be treated or infiltrated on site before it is discharged. This change will mean that the County's land use entitlement review and approval process will need to be modified to reflect the new permit requirements, including potential revisions to the County Zoning Ordinance Code. The update of the General Plan, and modification to the land use entitlement process, including potential revisions to the County Zoning Ordinance, need to be completed by February 15, 2005 according to the amended NPDES Permit. On June 10, 2003,the Board of Supervisors accepted a report from the Transportation, Water, and Infrastructure Committee on the amendment to Contra Costa County's NPDES Permit, and, on September 17, 2003, the Finance Committee accepted an inter-departmental report on funding strategies for these new Clean Water requirements with recommendations on funding to include a surcharge through County development fees to recover casts associated with the new NPDES Permit requirements.' In order to comply and complete the new NPDES Permit requirements by the February 15, 2004 deadline,the Community Development Department is seeking the Boards authorization to undertake a General Plan Amendment Study to review and modify General Plan policies and measures, to review and modify the Zoning Ordinance Code, and, as necessary, to modify the County's land use entitlement process. This action acknowledges that this project would be unfunded mandate until such time as the Board approves a surcharge through County development fees,as recommended by the Finance Committee. HABOARD ORDER NPDES GPA Study authorization.doc