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HomeMy WebLinkAboutStaff Report 321-05City of Palo Alto City Manager's Report ------------------------------------------------------ TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DATE: JULY 18, 2005 DEPARTMENT: PUBLIC WORKS 2 PLANNING AND COMMUNITY ENVIRONMENT CMR:321:05 SUBJECT: APPROVAL OF A 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 RECOMMENDATION Staff recommends that 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. BACKGROUND The Santa Clara Valley Water Resources Protection Collaborative (Collaborative) was convened in February 2003 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 Palo Alto), the County of Santa Clara, the Santa Clara Valley Water District (District) and other community and environmental group stakeholders. In September 2003, Council approved a resolution in support of the Collaborative's mission to develop and implement watershed resource protection guidelines and standards (CMR.:431 :03). . The origins of the Colhiborative 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. Public Works Director Glenn Roberts and CMR.:321:05 Page 1 of5 Advance Planning Manager Julie Cap.orgn.o have been representing the City .of Pal.o Alt.o in the C.ollab.orative pr.ocess. The C.ollab.orative has recently achieved a maj.or milest.one by reaching censensus .on a number .ofkey P.olicy issues and guidance decuments. The attached reselutien is being submitted te Ceuncil f.or appr.oval in .order te f.ormalize the censensus peints agreed te by staff. . DISCUSSION , Members .of the C.ollab.orative and their suppert staff have j.ointly develeped the f.oll.owing decuments: • Guidelines and Standards f.or Land Uses Near Streams • Implementing T.oels for the Guidelines and Standards f.or Land Uses Near Streams • Adaptive Management Plan and Process f.or the Guidelines and Standards for Land Uses Near Streams • W.ork Plan f.or Outreach f.or the Guidelines and Standards for Land Uses Near Streams • W.ork Plan for the Water Res.ources Protecti.on C.ollab.orative (September 2005 - February 2007) • Work Plan f.or Early Consultati.on Program for Review .of Land Uses Near Streams • Work Program f.or the District's Comprehensive Plan The Guidelines and Standards for Land Uses Ne~r Streams (G&S) c.over a wide range of issues affecting land devel.opment near and in local streams. The G&S address issues such as building setbacks, riparian corrid.or buffers, creek bank stabilizati.on techniques, vegetati.on management (e.g. preservation of native riparian vegetati.on and pr.ohibitiens against planting .of non-native, invasive species, etc.), bridge and st.orm drain .outfall design, and floodplain management. Ad.opti.on .of these G&S as .ordinances and/or P.olicies by the District and each .of the l.ocal agencies within Santa Clara C.ounty will ensure that stream and riparian cerrid.or protecti.on measures are applied unif.ormly'throughout the C.ounty. The local agency members .of the C.ollaborative have agreed t.o ask their g.overning bodies te ad.opt a resolution of SUPP.ort that commits their agency t.o a number .of actions related t.o the G&S in the c.oming years, as described bel.ow: 1. A commitment t.o make best efferts t.o incorp.orate the G&S and associated implementati.on to.ols int.o apprepriate land use review processes n.o later than F ebru~ry 2007. Planning staff intends t.o modify the Individual Review Guidelines in the fall of 2006 t.o inc.orp.orate the G&S and .other appr.opriate implementation t.ools f.or single-family residential development. Only single,..family devel.opment subject to discreti.onary review thr.ough the Individual Review process will be regulated through the G&S and implementing to.ols. Inc.orporating the G&S and ass.ociated implementatien t.o.ols within appropriate zening districts for multi-family residential and commercial devel.opment will be addressed when these districts are revised threugh the Z.oning Ordinance Update in 2006. 2. A c.ommitment fer appr.opriate levels .of staff participatien in the m.onitoring, assessment, and adaptive management pr.ocesses. CMR.:321:05 Page 2 of5 . I Planning staff will modify the City's development review tracking system to monitor streamside permit activity within the City. Planning and Public Works will prepare quarterly reports which will be submitted to the Collaborative Work Team. These reports will assess the effectiveness of the application of the G&S process in Palo Alto. 3. A commitment for p~rticipation in a process of early consultation with the District for projects near streams, as appropriate. As an interim measure, Public Works and Planning staff have already begun working with District staff on an early consultation process for land development projects near streams. The goal of this process is to make permit applicants aware at an early stage that special requirements apply to parcels near streams, and to allow District staff to provide site-specific input to applicants during preliminary project design. The early consultation process consists of two primary mechanisms. Land parcels adjacent to streams have been mapped into the City's Geographic Information System (GIS). When permit applicants initiate discussions regarding a proposed project with Planning andlor Building Inspection counter staff at the Development Center, staff uses GIS to determine whether the project site is adjacent to a stream. If so, the applicant is given a brochure explaining the District's permitting process and directed to the District staff for design guidance. The second early consultation mechanism is the Design Review Committee (DRC). The DRC is a weekly forum for concurrent review of major development projects by staff from various City departments. During the DRC meetings, which are often attended by the project proponents, City representatives provide early review comments and begin an active dialogue with applicants. City staffwill invite District representatives to DRC meetings for projects near streams. This early consultation process will provide an effective mechanism to convey water resource protection guidance to applicants prior to the City's formal adoption of the G&S. 4. A commitment for continued attendance by staff members at quarterly Collaborative meetings through February 2007. Glenn Roberts and Julie Caporgno will continue to represent the City of Palo Alto at quarterly Collaborative meetings through February 2007. RESOURCE 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 staff's 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. POLICY IMPLICATIONS Council adoption of the attached resolution is consistent with the following Comprehensive Plan policies and programs: CMR.:321:05 Page 3 of5 • Policy N-IO: Work with the Santa Clara Valley Water District and other relevant regional agencies to enhance riparian corridors and provide adequate flood control by use of low impact restoration strategies. • Policy N-ll: Preserve the integrity of riparian corridors. • Program N-7: Adopt a setback along natural creeks that prohibits the siting of buildings and other structures, impervious surfaces, outdoor activity areas, and ornamental landscaped areas within 100 feet of the top of a creek bank. Allow passive or intermittent outdoor activities and pedestrian, equestrian, and bicyCle pathways where there are adequate setbacks to protect the natural riparian environment. Within the setback area, provide a border of native riparian vegetation at least 25 feet along the creek bank. • Program N-8: Develop and adopt a creek ordinance that establishes new development regulations for properties abutting creeks, establishes an exception process, and provides incentives to achieve maximum creek setbacks, such as reduced front yard setbacks and reduced on-site parking requirements. • Policy N-12: Preserve the habitat value of creek corridors through the preservation of native plants and the replacement of invasive, non-native plants with native plants. • Program N-13: Establish public education programs regarding the conservation of creeks and riparian areas. TIMELINE Implementation of the G&S and associated implementation tools will be accomplished through revisions to the Individual Review process in 2006 and through the Zoning Ordinance Update in 2006. Modifications to the City's development review tracking system will be completed in 2006. ENVIRONMENTAL REVIEW Council adoption of the attached resolution is not considered a project under the California Environmental Quality Act (CEQA). Environmental review will be required prior to incorporation of the Collaborative's Guidelines and Standards for Land Uses Near Streams into the City's land use review process. ATTACHMENT Attachment A: Resolution PREPARED BY: DEPARTMENT HEAD: CMR.:321:05 J6IfffiRESI S Director of Public Works Page4of5 , 1 CITY MANAGER APPROVAL: ,D;:;~~.D Assistant City Manager cc: Stan Williams, Santa Clara Valley Water District John Gamman, CONCUR CMR.:321:05 Page 5 of5 NOT YET APPROVED central role in local stewardship and enhanced resource protection; and WHEREAS, the Collaborative has reached consensus on a set of Guidelines and Standards and a framework for the implementation of those Guidelines and Standards. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The City Council supports the foundational principles of the Santa Clara Valley Water Resources Protection Collaborative cited above. SECTION 2. The specific Consensus: components City Council supports of the Collaborative the following Resolution of 1. A commitment by the City of Palo Al to to make best efforts to incorporate the Guidelines and Standards and associated implementation tools into its appropriate land use review processes by February of 2007. commitment for appropriate levels participation in the Monitoring, Assessment and Management process. 2 . A of staff Adaptive 3. A commitment for participation in a process of early consultation with the District for projects near streams, as appropriate. 4. A commitment for continued attendance by City of Palo Alto Collaborative members at quarterly meetings through February of 2007. II II II II II II 050708 sm 0100382 2 NOT YET APPROVED SECTION 3. The Council finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Sr. Asst. City Attorney 050708 smOl00382 3 Mayor APPROVED: City Manager Director of Public Works Director of Planning and Community Environment \. "