HomeMy WebLinkAbout2007-02-05 Ordinance 4932follows:
ORDINANCE NO. 4932
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO AMENDING SECTION 16.28.080 (SPECIFIC
EXEMPTIONS) AND ADDING SECTION 16.28.321
(CONSTRUCTION OF BRIDGES, CULVERTS AND STORM
DRAIN OUTFALLS) AND SECTION 16.28.322(STREAM
BANK EROSION REPAIR) TO CHAPTER 16.28 (GRADING
AND EROSION AND SEDIMENT CONTROL) OF TITLE 16
(BUILDING REGULATIONS)OF THE PALO ALTO MUNICIPAL
CODE
The Council of the City of Palo Al to does ORDAIN as
Section 1. Findings and Declarations. The City Council
finds and declares as follows:
(a) In 2003 various agencies, including the City of
Palo Alto, formed the Santa Clara Valley Water Resources
Protection Collaborative to develop uniform guidelines and
standards for land use near streams;
(b) In August 2005, the Collaborative developed the
Santa Clara Valley Water Resources. Protection Collaborative User
Manual: Guidelines and Standards for Land Uses Near Streams;
(c) In July 2006 further updates were made to the
User Manual; and
(d) The City of Palo Alto desires to conform its land
use policies near streams to the User Manual.
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) -(f) notwithstanding,
the following activities are exempt from the permit requirements
of this chapter.
(a) An excavation below finished grade for basements and
footing of a building, retaining wall, or other structure
authorized by a valid building permit. 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.
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(b) Cemetery graves.
(c) Refuse disposal sites controlled by other regulations.
(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) Exploratory excavations under the direction of soils
engineers or engineering geologists.
(g) Routine agricultural crop management practices.
(h) Emergencies posing an immediate danger to life or
property, or substantial flood or fire hazards.
(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.
(k) Any grading or construction acti vi ty wi thin a Santa
Clara Valley Water District right-of-way or easement which
requires a Water District encroachment permit.
Section 3. Section 16.28.321 (Construction of Bridges,
Culverts, and Storm Drain Outfalls) is hereby added to read as
follows:
16.28.321
Drain Outfalls
Construction of Bridges, Culverts, and Stor.m
(a) Bridges, culverts, and storm drain outfalls shall be
constructed in a manner consistent with the Santa Clara Valley
Water Resources Protection Collaborative User Manual:
Guidelines and Standards for Land Uses Near Streams(Revised July
2006), as amended from time to time.
(b) Streams shall not be filled or placed in culverts to
accommodate grading and construction for land development
projects, except for road crossings.
(c) Stream culverts constructed to accommodate road access
shall be clear-span whenever possible and shall be constructed
in a manner consistent with the Santa Clara Valley Water
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Resources Protection Collaborative User Manual: Guidelines and
Standards for Land Uses Near Streams (Revised July 2006), as
amended from time to time.
Section 4. Section 16.28.322 (Stream Bank Erosion
Repair) is hereby added to read as follows:
Section 28.322 Stream Bank Erosion Repair
(a) Stream bank erosion repair shall use the softest
possible method appropriate for the stream characteristics. Use
of hardscape materials or retaining walls within the banks of a
stream shall be avoided. Stream bank erosion repairs shall be
constructed in a manner consistent with the Santa Clara Valley
Water Resources Protection Collaborative User Manual:
Guidelines and Standards for Land Uses Near Streams (Revised
July 2006), as amended from time to time.
(b) Exceptions to this requirement may be granted by the
Director of Public Works where the applicant provides an
engineering report demonstrating that softer methods have been
evaluated and found to be infeasible, that the proposed method
will effectively reduce bank erosion, and that the proposed
method will not cause erosion or negatively impact proper stream
function in other areas. Any use of hardscape under this
exception, will require the planting of appropriate native
riparian vegetation onsite or at another suitable location to be
approved by the Director of Public Works in order to mitigate
the impacts of the hardscape.
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Section 5. This ordinance shall be effective the 31st
day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED AS
01Q222 syn 0130044
January 22, 2007
February 5, 2007
BARTON, BEECHAM, CORDELL, DREKMEIER,
KISHIMOTO, KLEIN, KLEINBERG, MORTON, MOSSAR
ttorney
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APPROVED:
o Planning and
Environment