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HomeMy WebLinkAboutAgenda Report - November 4, 1987 (47)pe CITY COUNCIL MEETING NOVEMBER 4, 1987 APPEAL REGARDING Following introduction of the matter by City Manager REQUIREMENT THAT Peterson, Public Works Director Ronsko gave the following ALL STORM DRAINAGE staff report, presented diagrams of the subject area, and PASS THROUGH THE responded to questions regarding the matter. CITY APPROVED SAND AND OIL TRAPS PRIOR At the City Council meeting of September 30, 1987, the TO ENTERING THE Council received an appeal letter from Mr. Alegre's CITY'S STORM DRAIN attorney. This letter is appealing the City's requirement SYSTEM for onsite storm drainage to pass through an oil and sand trap separator prior to discharging into the City's storm CC -53{b) drain system. CC -176......... Subdivision Ma A copy of the tentative parcel map submitted by Mr. Alegre's engineer to the Planning Commission for approval was presented for Council review. As part of this map submittal, Mr. Alegre was developing fivenew lots.,and changing the configuration of. his existing parcel. Under the City Code Title 16, Subdivisions, Section 16.24.030, the subdivider is required to put .in improvements conforming to City design standards and construction specifications. Under the Cluff Avenue Assessment District, all of the major offsite improvements including curb, gutter, ``sidewalk, street, water', sewer, storm drainage, including the storm drain lateral into':=Mr. Alegre's parcel for future use, were installed. Since the construction of the assessment district improvements,; new City requirements have been required on industrial developments. The Planning Commission approved the tentative map with the following conditions: I. that the following items be accomplished prior to the recording of the Final Map: a. dedication of public utility easements as requested by the various utility companies and the City of Lodi. b. dedication of a corner cut-off on Parcel "A". c. provisior, of a copy of Well Abandonment Permit from the county for any on-site wells abandoned during development or certification by the developer's engineer that: none existed prior to conversio!; from agricultural and residential to industrial use; d. map to have standard note: "Requirements to be met at time of development or Building Permit"; and e. all six lots to be graded to enable storm drainage to be collected on-site and transported to City system in conformance with present City standards; and 2. that the following items be accomplished at time of development or issuance of Building Permit; a. Parcel "D" and "E" to have special commercial driveways conforming to City Standard Plan No. 111; b. payment of the appropriate fees in effect at that time; Water service for Parcels "A" and "B" Sewer service for Parcels "A" and "B" Storm drainage service to all parcels not already serviced c. all storm drainage to pass through City approved sand and oil trap and enter City Storm drain system in a City manhole or through the back. of City catch basin; and d.b On-site Fire Protection per Fire Department requirements. Mr. Alegre is appealing only the conditions as they apply to his existing developed property and not as they apply to the new lots. It should be noted that Mr. Alegre is now processing a revised tentative map which-emoves the existing parcel from the map. The new map will eliminate the oil and sand separator installation requirement on his existing parcel. City's Responsibility to Protect Receiving Waters At the time the City received approval for the Cluff Avenue Storm Drain Outfall into the Mokelumne River, the City agreed to control the discharges from the industrial areas. Approvals from the Regional Water Quality Control Board and the Department of Fish and Game were presented fcr Council's review. Shown below are conditions of these approvals that apply to this subject. Regional Outer Qua Ccr.tro= Baa rd "N'-, significant threat Yater a!lality should result from this activity provided the City, through its land use permits or similar measures, strictly regulates industries served by the storm drain system to adhere to good housekeeping practices, minimize spills, prevent illegal discharges, etc., which would otherwise drain to the Frokelumne River. Department of Fish and Game "2. All industrial waste discharge such as concrete washing, petroleum products, rubbish and others will not be allowed to enter storm drain to river. 3. Sump to be installed in drain system to catch heavy solids and debris and to be checked and cleaned periodically. 4. Discharge into river to confirm to Water Quality Board Standards. 20. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or othr organic or earthen material from any logging, construction, or associated activity of whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into, waters of the State." New Citv Requirements In August of this year, changes in the requirements on industrial developments ware made. A copy of these changes were presented for Council review. At the time that these requirements were implemented, copies of the requirements were sent to the local consulting engineers. These requirements had been contemplated for some time and were finally implemented after experiencing an increasing number of hazardous waste discharges into the storm drain system from all types of industrial uses and from having a major hazardous waste discharge into the Mokelumne River. Under the City's discharge requirements from the Regional Wates- Quality Control Board and the Department of Fish and Game on the Cluff Avenue Outfall into the Mokelumne River, together with the requirements under our agreement with Woodbridge Irrigation District, the City of Lodi hai an obligation to control the discharges into all receiving waters. Because of what the City was experiencing in illegai discharges, the City's obligation under existing agreements to control these discharges and EPA's Clean Water Act restrictions of st-orm drainage dis--harges, the chanes in industrial development requirements were implemented on August 4, 1987. Recent Developments Since August 4, these requirements have been applied uniformly to all industrial tentative maps and building plans being processed by the City. Listed below is a recap of sand and oil traps required and installed to date: Sand and oil traps required and installed 3 Sand and oil traps required but not yet installed 7 City's Authority City Code Title 12, Public Services, Section 13.12.510, Monitoring Facilities, as shown below, clearly gives the Public Works Director (without Council approval) the authority to require a monitoring facility on an internal storm drainage system. This authority can be applied to any existing user where it is in the City's best interest to have such monitoring facility installed. 13.12.510 Monitoring facilities A. The public works director may require the user to construct and maintain, at the user's expense, monitoring facilities which meet all government safety regulations (OSHA) to allow inspection, sampling and flow measurement of the building sewer 6r internal storm drainage systems and may also require sampling or metering equipment to be provided, installed, operated and maintained at the user's expense. Under the Subdivision Map Act, the Lity has the right to attach conditions to any tentative map that will mitigate the impacts caused by the development's use. City Code Title 16, Subdivisions, requires the developer of a subdivision to put in improvements in conformance with the City standards. Speaking on behalf of the appeal were: 1) Mr. Albert M. Ellis Attorney -at -Law representing Mr. Frank Aleare, Sr. Law Offices of Rishwain, Hakeem, Ellis and LeSeouf 2800 West March Lane, Suite 200 Stockton, California 2) Mr. Frank Alegre, Sr. 2000 Edgewood Drive Lodi, California Mr. Yosh Mataga, 1911 Edgewood Drive, Lodi, California, addressed the Council stating that he isn't against the g requirement, but that he doesn't like being singled out. L' Mr. Mataga's comments were directed to requirements being {_ imposed on his automobile agency located at 880 Beckman Road, Lodi. There being no other persons in the audience wishing to address the Council on the matter, the public portion of the hearing was closed. E S A very lengthy discussion followed with questions being directed to Staff and to those who had given testimony. On motion of Council Member Hinchman, Olson second, Council denied Mr. Alegre's appeal. CITY OF LORI PUBLIC WORKS DEPARTMENT COUNCIL CONIM UN I CATION TO: City Council FROM: City Manager MEETING DATE: November 4, 198; AGENDA TITLE: Public Nearing to Consider Appeal of Mr. Frank Alegre Sr., 910 N. Cluff Avenue, Lodi, of the Planning Commission's Action Requiring All Storm Drainage to Pass Through the City -Approved Sand and OiI Traps Prior to Entering the City's Storm Drain System RECOMMENDED ACTION: That the City Council hear the appeal of Mr. Alegre, together with the staff report, and take the appropriate action. BACKGROUND INFORMATION: At the City Council meeting of September 30, 1987, the Council received the attached appeal letter from Mr. Alegre's attorney (see Exhibit A). This letter is appealing the City's requirement for onsite storm drainage to pass through an oil and sand trap separator prior to discharging into the City's storm drain system. Subdivision Map Attached as Exhibit B is a copy of the tentative parcel map submitted by Mr. Alegre's engineer to the Planning Commission for approval. As part of this map submittal, Mr. Alegre was developing five new lots and changing the configuration of his existing parcel. Under the City Code Title 16, Subdivisions, Section 16.24.030, the subdivider is required to put in improvements conforming to City design standards and construction 8 specifications. Under the Cluff Avenue Assessment District, all of the major € offsite improvements including curb, gutter, sidewalk, street, water, sewer, storm drainage, including the storm drain lateral into Mr. Alegre's parcel for future use were installed. Since the construction of the assessment F district improvements, new City requirements have been required on industrial developments. s The Planning Commission approved the tentative map with the conditions shown in the letter from the City to Mr. Alegre's engineer attached as Exhibit C. Mr. Alegre is appealing only the conditions as they apply to his existing developed property and not as they apply to the new lots. It should be noted that Mr. Alegre is now processing a revised tentative map which removes the existing parcel from the map. The new map will eliminate the oil and sand separator installation requirement on his existing parcel. APPROVED: tv Manager FILE NO. CALEGRE/TXTW.02M October 29, 1987 City Council November 4, 1987 Page 2 City's Responsibility to Protect Receiving Waters At the time the City received approval for the Cluff Avenue Storm Drain Outfall into the Mokelumne River, the City agreed to control the discharges from the industrial areas. Approvals from the Regional Water Quality Control Board and the Department of Fish and Game are attached as Exhibits D and E. Shown below are conditions of these approvals that apply to this subject. Regional Water Quality Control Board "No significant threat to water quality should result from this activity provided the City, through its land use permits or similar measures, strictly regulates industries served by the storm drain system to adhere to good housekeeping practices, minimize spills, prevent illegal discharges, etc., which would otherwise drain to the Mokelumne River." Department of Fish and Game "2. All industrial waste discharge such as concrete washing, petroleum products, rubbish and others will not be allowed to enter storm drain to river. 3. Sump to be installed in drain system to catch heavy solids and debris and to be checked and cleaned periodically. 4. Discharge into river to conform tc Water Quality"Board Standards. 20. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any logging, construction, or associated activity of whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into, waters of the State." New City Requirements In August of this year, changes in the requirements on industrial developments were made. A copy of these changes is attached as Exhibit F. At the time that these requirements were implemented, copies of the requirements were sent to the local consulting engineers. These requirements had been contemplated for some time and were finally implemented after experiencing an increasing number of hazardous waste discharges into the storm drain system from all types of industrial uses and from having a major hazardous waste discharge into the Mokelumne River. Under the City's discharge requirements from the Regional Water Quality Control Board and the Department of Fish and Game on the Cluff Avenue Outfall into the Mokelumne River, together with the requirements under our agreement with WID, the City of Lodi has an obligation to control the discharges into all receiving waters. City Council November 4, 1987 Page 3 Because of what the City was experiencing in illegal discharges, the City's obligation under existing agreements to control these discharges and EPA's Clean Water Act restrictions of storm drainage disch- ges, the changes in industrial development requirements were implemented on August 4, 1987_ Recent Developments Since August 4, these requirements have been applied uniformly to all industrial tentative maps and building plans being processed by the City. Listed below is a recap of sand and oil traps required and installed to date: Sand and oil traps required and installed 3 Sand and oil traps required but not yet installed 7 City's Authority City Code Title 13, Public Services, Section 13.12.510, Monitoring Facilities, as shown below, clearly gives the Public Works Director (without Council approval) the authority to require a monitoring facility on an internal storm drainage system. This authority can be applied to any existing user where it is in the City's best interest to have such monitoring facility installed. 13.12.510 Monitoring facilities. A. The public works director may require the user to construct and main- tain. at the users expense. monitoring facilities which meet all government safety regulations (OSHA) to allow inspection. sampling and flow measure- ment of the building sewer or internal storm drainage systems and may also require sampling or metering equipment to be provided. installed, operated and maintained at the users expense. Under the Subdivision Map Act, the City has the right to attach conditions to any tentative map that will mitigate the impacts caused by the development's use. City Code Title 16, Subdivisions, requires the developer of a subdivision to put in improvements in conformance with the City standards. Jack,\ L. Ronsko ( Publ c Works Director a Attachments 2800 West March Lane Suite 200 Stockton. California 95207 209 474 2800 RISHWAIN HAKEEM, ELLIS & L.E$EOUr A rrofessionai Corgorahon September 25, 1987 Robert J. Rishwam Michael D. Hakeem Albert M. Ellis Alice M. Re imch e David R. LeBeouf City Clerk Michael R. Norton City of Lodi Renee M. Marengo Teresa G. Richardson 221 W. Pine Street Linda Lofthizi Lodi, California 95240 Jeffrey A. Silvia Mani S. Rishwain Donald F. Mull Re: Tentative Parcel Doris M. Powell. P.L. Frank Alegre, Sr. 04-080-61 and 62 Dear Ms. Reimche: Exhibit i A HAND DELIVERED Map 87P010 - 910 N. Cluff Ave. Please view this correspondence as our notice of complaint filed with your office concerning the above - referenced action of the Lodi City Planning Commission at its meeting of Monday, September 14, 1987. Specifically, the Planning Commission's action is requiring all storm drainage to pass through the City approved sand and oil traps prior to entering the City's storm drain system is the subject of my client's complaint. Based on the cost that my client would sustain as a result of implementing such procedures, as well as the fact that the above -referenced tentative parcel map does not substantially effect the property in question that would be burdened by the oil traps, my client and I both strongly feel that such procedures would require undue hardship and burden on the Alegre Trucking Company. in addition to the economic burdens imposed on my client as a result of the Planning Commission's suggestions, my client and I are also quite concerned. with the fact that no other existing business has been made to comply with these rather stringent criteria. Furthermore, according to the individuals that testified on behalf of the City before the Planning Commission, this procedure for the implementation of oil traps has been unilaterally created by City staff without the input or approval of the Council. In light of these issues, several of the Planning Commissioners at the September 14, 1987 hearing recommended that the Council study the necessity of oil traps, which are to be implemented on a City wide basis. Alice M. Reimche September 25, 1987 Page Two Consequently, in light of the foregoing, I would request your placing this matter on the City Council agenda pursuant to Government Code Section 66451.3. Should you have any questions, please do not hasitate to contact my office. Very truly yours, RISHWAIN, HAKEEM, LLLIS & LeBEOUF A Professional Corporation By: 0. ALBERT M. ELLIS AME/cdz cc: Mr. Frank Alegre, Sr. Exhibit B -rLl lyE-8 _ e_ _ RD,1D �' ,go n► s 75r E a C•nr iH- t25o ori- •r j3�v Z b ti iw nw1W, 0 --v C )t S A a3++ air w • Jt► Zt �• r J r � a a a tq `' Z C ..... ..o.... _ @6 A U VA tti A C H & i• 1 A Z Jb P/� oo rsd fii • •.s[. ! « / Wdwr-lV4L ®NOtM•■A• ^- F/6A�• .�//9/I, .�%r. �••� 6UAV6YOe[t �' ,go n► S 0 a r♦ Z b ti iw nw1W, 0 --v C )t S A a3++ air w • Jt► Zt �• r w � � a ..... ..o.... _ @6 A U VA tti A C H & i• 1 A Z Jb P/� oo rsd fii • •.s[. ! « / Wdwr-lV4L ®NOtM•■A• ^- F/6A�• .�//9/I, .�%r. �••� 6UAV6YOe[t CITY COUNCIL EVELYN M. OLSON, Mayor JOHN R. (Randy) SNIDER Mayor Pro Tempore DAVID M. HINCHMAN JAMES W. PINKERTON. Jr. FRED M REID September 15, 1987 CITY OF LODI CITY HALL, 221 WEST PINE STREET CALL BOX 3006 LODI. CALIFORNIA 952 41-1 91 0 (209) 334-5634 TELECOPIER : (2M) 3336795 Mr. Terry Piazza c/o Baumbach and Piazza, Consulting Engineers 323 West Elm Street Lodi, CA 95240 RE: Tentative Parcel Map - 87 P 010 Frank Alegre, Sr. - 910 N. Ciuff Avenue 049-080-61 and 62 Exhibit C E THOMAS A. PETERSON City manager ALICE M. REIMCL-iE City Clerk RONALD M. STEIN City Attorney At its meeting of Monday, September 14, 1987 the Lodi City Planning Commission conditionally approved your request on behalf of Frank Alegre, Sr. to divide 910 North Cluff Avenue (APN's 049-080-61 and 62) into five parts with Parcel "A" containing 0.6 acres; Parcel "6" containing 0.6 acres; Parcel "CO containing 0.6 acres; Parcel "D" containing 1.9 acres; and Parcel "E" containing 1.9 acres in an area zoned M-2, Heavy Industrial. The Planning Commission's. approval is subject to the following conditions: 1. that the following items be accomplished prior to the recording of the Final Map: a. dedication of public utility easements as requested by the various utility companies and the City of Lodi; b. dedication of a corner cut-off on Parcel "A"; C. provision of a copy of Well Abandonment Permit from the county for any on-site wells abandoned during development or certification by the developer's engineer that none existed prior to conversion from agricultural and residential to industrial use; d. map to have standard note: "Requirements to be met at time of development or Building Permit"; and e. all six lots to be graded to enable storm drainage to be collected on-site and transported to City system in conformance with present City standards; and Mr. Terry Piazza C/o Baumbach and Piazza Consulting Engineers September 15, 1987 Page 2 2. that the following items be accomplished at time of development or issuance of Building Permit; a. Parcel "D" and "E" to have special commercial driveways conforming to City Standard Plan No. 111; b. payment of the appropriate fees in effect at that time; Water service for Parcels "A" and "B" Sewer service for Parcels "A" and "B" Storm drainage service to all parcels not already serviced. C. all storm drainage to pass through City approved sand and oil trap and enter City Storm drain system in a City manhole or through the back of City catch basin; and d.b On-site Fire Protection per Fire Department requirements. Section 16.36.010 provides as follows: "Any interested person adversely affected by any decision of the advisory agency (i.e. Planning Commission) may file a complaint with the City Clerk concerning such decision. Any such complaint shall be filed with the City Clerk within fifteen days after the action which is the subject of the complaint. The City Council may, in its discretion, rejects the complaint, the complainant shall be notified of such action. If the matter is set for Public Hearing, the hearing shall be conducted and notice thereof given as provided by Government Code Section 66451.3. If you, your client, or his agent wish to complain to the City Council, you, or they, must correspond with Alice M. Reimche, City Clerk. The correspondence must be received by her before 5:00 p.m., Tuesday, September 29, 1987. Sincerely, c� J S B. SCHROEDER C unity Development Director cc: Frank Alegre, Sr. Albert M. Ellis, Attorney at Law City Clerk Public Works Director, ��Exhibit D STATE OF CALIFORNIA—RESOURCES AGE. .{ EDMUNDtG BR0VM JR.. Gw,.,, CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION =1 S STREET SACRAMENTO, CALIFORNIA 95816 Phom: (916) 445 -WO i7 March 1980 Mr. Jack L. Roasko, Public Works Director City of Lodi 21-1 West Pine Street Lodi, California 95240 CITY OF IADI`S EAST AREA STORM DRAIN PROJECT Thank you for submitting the request for car t:.fication of coaformance with applicable water quality standards for the subject report. We have reviewed the project. No significant threat to water quality should result frac this activity pro- vided the City, through its land use permits or similar measures, strictly regulates industries served by the storm drain system to adhere to good housekeeping practices, minimize spills, prevent illegal discharges, etc., which would otherwise drain to the Mbkulumne River. Therefore, we anticipate no further action by our agency on this project. Should further investigation reveal a potential water -Quality problem, we will proceed with formulation of waste discharge requirements. FRANK N,CDERHOTT Area Engineer Delta Watershed FOM/ap cc: Corps of Engineers State of Californias Reclauwtion Guard Department of Fish & Game, Region I1 RECEIVED CITY OF LODI PUbL 1C *UN K j 1. L rA K1 MINT Exhibit E Z` ' ifi_ation iso- g' 0 AGREEMENT REGARDRVG PROPOSED STREAMOR LASE ALTERATION THIS AGREEMENT, entered into between the State of California., Department of Fnh and Game, hereinafter called the Departm tL�-.,� City of Lodi. of Lodi i State of �, M, a hereinafter called the operator, is as follows: pursuant to Section 1601-1603 of California Fish and Cama Code, the operator, on the lay of b T49nodfied the Department that he intends to substantially divert or obstruct the naiirral flow of; or substantially change the bed, channel, or bank: of, -or use materW from the �h^earr�b�othe following water: btokelt=nfi River in the County of _ aa�� .T State of California, S 3 T 'N R 7 WHEREAS, the Departme4t hereby certifies that an inspection of subject area %vas made on the 2nd day of 19 ttiS!- by the following Department personnel: Ernest A. Nies, Fish rad Game 'Ta,Tiien and it was determined that an existing fish or game resource may be substantially adversely affected by such opembozu.. 'THEREFORE, the Department hereby proposes measures to protect fish and wildlife during the operator's work. The hereby agrees to accept the following recommendations as part of his work:. Numbers 1. 2.-1, 10, 11, 15- �* 22 from the. hist of rewromeadatioas on the bark of this page and the following special recommendat fans: L . All work in or near the stream or lake shall be confined to the period October 1. 19$0 to September 1, 19810, A3.L waste discharge auah as oonarete MELdM, petrolettmyroducts, others win mot be &110"d to enter sto= drain to river. 3.Snmtp to be installed in drain system to catch heavmsoUds and debris t3n8 to be obselmd and, cleaned- periodica11Y*_ into river toWater S,_Dtoti_v Department a am* chaaIMs Afrk9ting n1ans If the operattoes work changes from that stated in the notification specified above: this apecummt is no - longer valid and a new notification shall be submitted to the Department of Fish and Came. Failure to comply with the, provisions of this agreement and- with other pertinent -Code Sedioas, fmdudbW but not limited to Fish and Came Code Sections MM, 5652 and 5948, may result in prosecution, Nothing in this agreement authorizes the operator to trespass on my land or property, nor does it relieve, the operator of responsibility for compliance with applicable federal, state, or local laws or ordinances. - This agreeiper /becomes , ue vGan _,_§/6/80 and terminates 9 A ZM Title C i tit Maliape r Organi=tiori___Li_t y_af l of i i - Date -....iirr-e- 1 QR7 Tide Fish and Game Naxden " I Department of Fish and Game, State of California Date 6/6/80 FG 1060 tie-T7� F i i I; i.F_COMMENDATIONS L Disturbance or removal of vegetation shall not exceed the minimum necessary to complete operations. The disturbed portions of any stream channel or lake mar- gin within the high water mark of the stream or lake shall be restored to as near their original condition as possible. 2. Restora:;an shall include the revegetation of. stripped or exposed areas. 3. Rock, riprap, or other erosion protection shall be placed in areas where vegetation cannot reasonably be expected to become reestablished. 4 Installation of bridges, culverts, or other structures shall be -such that :eater flow is not impaired andu-tstrearn or downstream passage of fish is assured at all times Bottoms of tempporar3' culverts shall beplaced at or below stream channel grade. Bottoms of permanent I its shall be 1 --A bolo d nary to construct barriers or fills. If work in the Iake is unavoidable, a curtain enclosure to prevent siltation of the lake beyond the immediate working area shall be installed. The enclosure and any supportive material shall be removed when the work is completed- 13. ompleted 13. Silt settling basins shall be located away from the stream or lake to prevent discolored, silt -bearing wat,-r from reaching the stream or lake. 14. Preparation shall be made so that runoff from steep, ero")e surfaces will be diverted into stable areas with little erosion potential. Frequent water checks shall be placed on dirt roads, cat tracks, or other work trails to control erosion. 15. Wash water containing mud or silt from aggregate wash- ing or other operations shall not be allowed to enter a lake or flowing streams. cu ve p a w stream ebar:nel gra e. 16. A silt catchment basin shall be constructed across the 5. Plans for design of concrete sills and other features stream immediately below the prajea site. This catch - that could potentially impede fish migrations must be- ment basin shall be constru= of gravel which is free approved by Department engineers. - from mud or silL Upon completion of the project and after all flowing water in the area is clear of turbidity, 8. When any dam (any artif-cial obstruction) is being the gravel along with the trapped sediment shall be constructed, maintained, or placed in operation, suS- removed from the stream. lim tient wiLter shall at all es be allowed to pass down-..__. - - . _- . - stream to . maintain fishlife. below the dam. - 1T. ' R 'operations require . movine conducted g of cqui t across a 7_ An adequate fish pstssage faciljy must be fnearporated� `•witbb%it substantially fzy�g 'stream turbidity. For into any barrier that obstructs i`flowing stream, such Operations shalf bbpassage- repeated crossmM the operator shall install a bridge, $. An dam- any artificial obstruction] constructed- shall ' culvert or rock ming. only b.e built from material such as dean washed gravel.. which" will cause little or no'siltation." 9. 10. Equipment shall not be operated in the stream channek- . of flowing live: streams. except. as may, be any • to - - construct -crossings or 'battlers and fills at ochaanel changes.. - Zphen work in a flowing -stream is unavoidable, the entire streamffow shall be diverted around the. work area by a barrier, temporary culvert, and/or a new ' channel capable of permitting upstream and down- stream fish movement. Construction of the barrier' ' andJ or =the =nevi chinsel -shall'normally -begot in the downstream area and •continue in an &psiztam direct- . tion, and the flow shall be diverted only when con- struction of the diversion is completed. Channel bank or barrier construction shallbe adequate to prevent seepage into or from the wort. area Channel banks or barriers shall -not be maiie'of eaith or other substances subject to erosion unless first enclosed by sheet piling, rock riprap, or other protective material. The enclosure and the supportive material shall be removed when the wort: is completed and the removal shall normally proceed from downstream in an upstream -direction... IL Temporary fills shall be constructed of nonerodibls materials and sliall be removed immediately upon work completion. M Equipment shall not be operated in the lake or its margin -except during excavation and as may be nett. -s - M If a -stream channel hbs' been 'ah&ed�:ddring the opera' tions, its low flow channel shall be returned as nearly .as possible to its natural state yrfthqut creating a possible `future bank.erosion.p;oblem,:or.a:flat wide cbaurvel or sluice�like area. If -a lake' margin' has • been"altered, it shall be returned as nearly as nos si'ble to its natural state without cxeatiag A future bank erosion problem. The gradient of the streambed or lake margin shall be as � possible the: samb gradie t 'as existed prior 19. Structures and associated materials not designed to wit!istand high seasonal flows shall be removed to areas above the high water mark before such Bows occur. 20. No debris, sod, silt, sand, bark, slash, sawdust, rub- bish, cement or concrete. or washings thereof, oq or petroleum products or other organic or earthen material fsorn any logging, construction, or associated activity of whatever nature shall be allowed to enter into or placed where it may be washed by rainfall, or runoff into, waters of the State. When operations are .lom- Nted, any excess materials or debris shall be removed fm the work area. No rubbish shall be deposited within 154 feet of the high water mark of any stream or lake. 21. t•he operator will notify the Department of Fish and Game of the date of completion of operations at least five clays prior to such completion. Exhl bI t F MEMORANDUM, City of Lodi, Public WorLs Department TO: Engineering Personnel FRCM: Public Works Director DATE: August 4, 1987 SUBJECT: Modification to Storm Drainage Design Criteria for Industrial Uses and Industrial Toning Effective immediately, the following changes apply to all new m.p submittals and any onsite plans and building plans currently being processed. For industrial .zoning and existing industrial uses, the following require- ments shall apply: I. All storm dc nage on industrial parcels shall oe picked up in an onsite drainay. system. Refer to Item #6 for possibip exceptions. 2. The onsite drainage system shall be tied to the City's storm drain system, either at the back of a City catch basin or at a storm drain manhole on the City's system. 3. A "sand and oil trap" conforming to City of Lodi Standard Plan 205 shall be constructed on new storm drain discharge lines. The City may also require a sand and oil trap on existing storm drain discharge lines or through -the -curb drains. 4. All sand and oil traps shall be readily accessible and on the street side of all fences and gates and not in the sidewalk area. 5. No storm drainage will be allowed to flow over the curb, gutter, and siJewalk into the street. Roof drainage may be tied directly to a "through -the -curb drain" per Standard Plan 129. Exceptions are driveway approaches and landscaped areas adjacent to sidewalks. 6. With approval from the Public Works Director, smaller industrial parcels may be allowed to drain through the curb face. This approval shall depend upon existing street conditions, the location of City storm drain facilities, and the site and use of the parcel. Onsite drainage must still flow through a sand and oil trap. &J► JackRonsko orks Director JLR/ma cc: Street Superintendent Water/Wastewater Superintendent PUBLIC HEARING NOTICE OF PUBLIC HEARING BY THE LODI CITY COUNCIL OF THE CITY OF LODI TO CONSIDER THE APPEAL OF MR. FRANK ALEGRE, SR., 910 NORTH CLUFF AVE"'UE, LODI, OF THE LODI PLANNING COMMISSION'S ACTION REQUIRING ALL STORM DRAINAGE TO PASS THROUGH THE CITY APPROVED SAND AND OIL TRAPS PRIOR TO ENTERING THE CITY'S STORM DRAIN SYSTEM. NOTICE IS HEREBY GIVEN that on the 4th day of November, 1987, at the hour of 7:30 p.m. or as soon thereafter as the matter may be heard, the Lodi City Council will conduct a public hearing in the chambers of the Lodi City Council at 221 West Pine Street, Lodi, California, to consider the appeal of Mr. Frank Alegre, Sr., 910 North Cluff Avenue, Lodi, of the Lodi Planning. Commission's action requiring all storm drainage to pass through the City approved sand and oil traps prior to entering the City's storm drain system. Information regarding this item may be obtained in ;he offi:e of the City Clerk at 221 West Pine Street, Lodi, California. Al' interested persons are invited to present their views either for or against the above proposal. Written statements may be filed with the City Clerk 4t any time prior to the hearing scheduled herein and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clark, 221 West Pine Street, Lodi. at, or prior to, the public hearing. Date: October 14, 1987 BY ORDER OF THE LODI CITY COUNCIL Alice M. Reimche City Clerk CITY COUNCIL EVELI'N M OLSON..DER CITY O F L O D I JOHN R (Randy) SNIDER Mavor Pro Tempore CITY HALL. 221 WEST PINE STREET DAVID M HINCHMAN CALL BOX 3006 TAMES W. PINKERTON. Ir LODI, CALIFORNIA 95241-1910 FRED M REID (209) 334-5634 ..-:Cp`rlhR I.on1 tt}b795 November 6, 1987 Mr. Albert M. Ellis Attorney -at -Law Rishwain, Hakeem, Ellis and LeBeouf 2800 West March Lane, Suite 200 Stockton, CA 95207 Deer Mr. Ellis: THOMAS A. "ETERSON Crty -Manager ALICE M. REIMCHE City Clerk RONALD M. STEIN Cil' Attornev This letter will confirm that the Lodi City Council, following a public hearing on the matter, "denied the appeal of your client, Mr, Frank Alegre, Sr., 910 North Cluff Avenue, Lodi, of the Planning Commission's action requiring all storm drainage to pass through the City approved sand and oil traps prior to entering the City's storm drain system. Should you have any questions regarding this matter, please do not hesitate to call this office. Very truly yours, - Alice M. Reimche City Clerk AMR:JJ