HomeMy WebLinkAbout2009-06-22 Ordinance 5043follows:
Ordinance No. 5043
Ordinance of the Council of the City of Palo Alto Amending
Section 16.28.080 (Specific Exemptions) of Title 16 (Building
Regulations) of the Palo Alto Municipal Code to Require
Excavation and Grading Permits for Basements and Below-
Grade Parking Structures
The Council ofthe City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as
(a) In the time since Section 16.28.080 of the City of Palo Alto Municipal Code
(P AMC) was adopted, land and home values on the peninsula and, in particular Palo Alto, have
----~signifieant}y~inereased-. In-an-eff0rt~t0-ma*imize-:fl00r-area~rati0-(FAR-)~and-ma*imize-retum,
nearly every new home and many commercial developments include basements and/or below
------grade parking structures. This trend continues despite fluctuating economic conditions;
(b) Currently, these types of excavations are exempt from grading permit requirement
but they still result in a significant expenditure of staff time. Inspection and monitoring of stonn
water pollution prevention measures (SWPP), traffic control, monitoring logistics, and ROW
integrity are a few of the items that the City's Public Works Department must inspect and
monitor throughout the excavation and foundation activities;
(c) This ordinance will amend the PAMC to ensure that below grade excavations for
purposed of basements and below grade parking structures are no longer exempt from permit
fees andthat staff time spent processing such excavations will be subject to permit fees.
SECTION 2. Section 16.28.080 (Specific Exemptions) is amended to read as
follows: .~ .,.
16.28.080 Specific Exemptions
Sections 16.28.060 and 16.28.070(a) -(t) notwithstanding, the following activities are
exempt from the permit requirements of this chapter.
(a) An excavation below finished grade for the footing of a building, retaining wall,
or other structure authorized by a valid building pennit, excluding basements and below grade
parking structures. This shall not exempt any fill made with the material from such excavation
nor shall it exempt any excavation having an unsupported depth greater than five feet after the
completion of the structure.
(b) Cemetery graves.
(c) Refuse disposal sites controlled by other regulations.
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(d) Excavations for wells, sanitary sewers, water pipes, natural gas pipes, and
electrical/communications conduits or cables. However, when such excavation is performed
within a public utility easement, an encroachment permit is required.
(e) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel,
aggregate, or clay, where authorized and regulated by law, provided such operations do not
affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous
property.
(f)
geologists.
(g)
(h)
Exploratory excavations under the direction of soils engineers or engineering
Routine agricultural crop management practices.
Emergencies posing an immediate danger to life or property, or substantial flood
(i) Any activity where the total volume of material disturbed, stored, disposed of, or
used as fill does not exceed 100 cubic yards and does not obstruct or modify the storm water
carrying capacity or characteristics of a drainage course.
(j) Sections 16.28.060 and 16.28.070 (a) -(g) notwithstanding, any activity where the
total volume of material disturbed, stored, disposed of, or used as fill does not exceed five cubic
yards is always exempt from the permit requirements.
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(k) Any grading or construction activity within a Santa Clara Valley Water District
right-of-way or easement which requires a Water District encroachment permit.
SECTION 3. This ordinance shall be effective the 31st day after the date of its
adoption.
INTRODUCED: JUNE 8, 2009
PASSED: JUNE 22, 2009
AYES: BARTON, BURT, DREKMEIER, ESPINOSA, KISHIMOTO, KLEIN, MORTON,
YEH
NOES:
ABSTENTIONS:
ABSENT: SCHMID
APPROVED:
P~D~
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