REPORT TO COUNCIL
SUBJECT
Title
Introduce an Ordinance to Repeal and Re-Adopt Sunnyvale Municipal Code Chapter 12.60 (Stormwater Management) and Find That the Action is Categorically Exempt From the California Environmental Quality Act (CEQA) Pursuant to Section 15308 of the CEQA Guidelines
Report
BACKGROUND
The Clean Water Act requires that all operators of municipal separate storm sewer systems be regulated for discharge of stormwater to local waterways via a National Pollutant Discharge Elimination System (NPDES) Permit. In the Bay Area, this permit is called the Municipal Regional Stormwater Permit (Stormwater Permit) issued by the San Francisco Bay Regional Water Quality Control Board. The Stormwater Permit was last issued in May 2022 (Order R2-2022-0018); it became effective July 1, 2022. This Permit is shared by 79 permittees, so all Bay Area communities face the same requirements. The entire text of the permit can be found in Attachment 2.
In 2003, Council adopted Sunnyvale Municipal Code (SMC) Chapter 12.60 (Stormwater Management) and has adopted amendments periodically as new Stormwater Permits have been promulgated. The last major revision to SMC Chapter 12.60 was in 2010 (RTC No. 10-303).
The new Stormwater Permit continues many previous requirements and adds new ones, including expanded implementation of stormwater treatment integrated into new and redevelopment projects. Such treatment is generally required by the Permit to be landscaped based features that absorb and filter water before being discharged in the storm system. This technique is also called Green Stormwater Infrastructure (GSI). The proposed changes to SMC Chapter 12.60 will provide the City with the legal authority to implement the new requirements of the Permit, and the City is specifically required by the Permit to have that authority.
As part of this update, SMC Chapter 12.60 has also been renumbered and cleaned up. A table reconciling the old and new chapter sections is in...
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