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HomeMy WebLinkAbout2006-07-10 Ordinance 4909ORDINANCE NO. 4909 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 16.11.020 AND ADDING NEW SECTION 16.11.070 OF CHAPTER 16.11 OF TITLE 16 OF THE PALO ALTO MUNICIPAL CODE PERTAINING TO STORMWATER POLLUTION PREVENTION MEASURES NOW, THEREFORE, the Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Section 16.11.020 of Chapter 16.11 of Title 16 of the Palo Alto Municipal Code is hereby amended in its entirety to read, as follows: "16.11.020 Definitions. The following words and phrases, whenever used in this chapter, have the meanings as set forth below: (a) "Development project" means any private or public project under the planning and building authority of the city for which, on or after August 10, 2006, a privately-sponsored development application is deemed complete or, with respect to any public project, for which funding is committed, that creates 10,000 square feet or more of impervious surface collectively over the entire project site, including but not limited to parking lots, roof area, streets, and private walkways. "Development project" also means any private or public project under the planning and building authority of the city for which, prior to August 10, 2006, a privately-sponsored development application was deemed complete or, with respect to any public project, for which funding was committed, that creates impervious surface and is in one of the categories described in subsections (a) (1), (a) (2), or (a) (3) below. (1) A project shall be considered a development project if it results in the creation of an amount of impervious surface collectively over the entire project site, including but not limited to parking lots, roof area, streets, and private walkways equal to or more than one of the following thresholds: i. One acre (43,560 square feet); or ii 10,000 square feet if the project is in one of the following land use categories: a. Auto service stations; b. Auto wrecking or salvage yards. (2) A project shall be considered a development project if it results in the creation of 10,000 square feet or more of impervious surface area used for one of the following functions: i. Loading dock; or ii. Surface parking lot. (3) A project shall be considered a development project if it results in the creation of 10,000 square feet or more of 060713 cs 0012730 1 impervious surface area used for one of the functions described below and the project developer fails to demonstrate to the city engineer that potential pollutant loading will be satisfactorily mitigated through post-construction source control and site design practices: i. Outdoor vehicle or equipment maintenance (including washing and repair); ii. Outdoor handling or storage of waste or hazardous materials; iii. Outdoor manufacturing; iv. Outdoor food handling or processing; v. Outdoor animal care; vi. Outdoor horticultural activities; or vii. Other outdoor activities of industrial or commercial uses. (4) For projects that include one of the land use functions listed in subsections (a) (2) or (a) (3) above, the development project shall consist of only the portion of the site containing the specific land use function. (5) A development project shall include the issuance of a permit for building, construction, reconstruction, subdivisions, parcel maps or occupancy, but not a permit to operate. (6) A project in one of the following categories shall not be considered a development proj ect regardless of the amount of impervious surface it creates: i. An individual single-family home, which is not part of a larger common plan of development, that is designed with appropriate source control and site design measures; or 11. Sidewalks, bicycle lanes, trails, bridge accessories, guardrails and landscape features located in the public right-of- way. (b) "Hydromodification management measures" means any combination of on-site, off site, and in-stream control measures incorporated into specified development projects and significant redevelopment projects in order to reduce stormwater runoff so as to not cause an increase in the erosion potential of the receiving stream over the pre-project condition, in accordance with and as required by Order No. 01-119 under NPDES Permit No. CAS029718 issued by the California Regional Water Quality Control Board, San Francisco Bay Region (the "Regional Board"), as it may be amended from time to time. (c) "Impervious surface" means land that has been modified by the action of persons to reduce the land's natural ability to absorb and hold rainfall. This includes any hard surface area which either prevents or retards the entry of water into the soil m~ntle as it entered under natural conditions pre-existent to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions pre-existent to development. Impervious surfaces include, but are not limited to, rooftops, pavement, sidewalks, walkways, patios, driveways, and 060713 cs 0072730 2 parking lots where such surfaces are not constructed with pervious materials and/or are not designed to have zero stormwater discharge. (d) "Permanent stormwater pollution prevention measures" or "PSPPM" means any combination of source control measures, site design measures, and/or stormwater treatment measures that reduce stormwater pollution to the maximum extent practicable as required by Order No. 01-119 under NPDES Permit No. CAS029718 issued by the Regional Board, as it may be amended from time to time. The design and implementation of the PSPPM must be in accordance with the guidelines and technical specifications provided by the city or other city-approved authority and the requirements of Order No. 01- 119. (e) "Significant redevelopment project" means any private or public project under the planning and building jurisdiction of the city for which, on or after August 10, 2006, a privately-sponsored development project application is deemed complete, or, with respect to any public project, for which funding is committed, on a previously developed site that creates 10,000 or more square feet of additional or replacement impervious surface collectively over the entire project site, including but not limited to parking lots, roof area, street, and private walkways. "Significant redevelopment project" also means any private or public project under the planning and building jurisdiction of the city for which, prior to August 10, 2006, a privately-sponsored development application was deemed complete or, with respect to any public project, for which funding was committed, on a previously developed site that creates additional or replacement impervious surface and is in one of the categories described in subsections (e) (1) , (e) (2), or (e) (3) below. (1) A project shall be considered a significant redevelopment project if it results in the addition or replacement of an amount of impervious surface collectively over the entire project site, including but not limited to parking lots, roof areal streets, and private walkways equal to or more than one of the following thresholds: i. One acre (43,560 square feet); or ii. 10,000 square feet if the project is in one of the following land use categories: a. Auto service stations; b. Auto wrecking or salvage yards. (2) A project shall be considered a significant redevelopment project if it results in the addition or replacement of 10,000 square feet or more of impervious surface area used for one of the following functions: i. Loading dock; or ii. Surface parking lot. (3) A project shall be considered a significant redevelopment project if it results in the addition or replacement of 10,000 square feet or more of impervious surface area used for one of the functions described below and the proj ect developer fails to demonstrate to the city engineer that potential pollutant loading 060713 cs 0072730 3 will be satisfactorily mitigated through post-construction source control and site design practices: i. Outdoor vehicle or equipment maintenance (including washing and repair) ; ii. Outdoor handling or storage of waste or hazardous materials; iii. Outdoor manufacturing; iv. Outdoor food handling or processing; v. Outdoor animal care: vi. Outdoor horticultural activities: or vii. Other outdoor activities of industrial or commercial uses. (4) For projects that include one of the land use functions listed in subsections (e) (2) or (e) (3) above, the significant redevelopment project shall consist of only the portion of the site containing the specific land use function. (5) A project in one of the following categories shall not be considered a significant redevelopment project regardless of the amount of impervious surface it creates: i. Interior remodels; ii. Routine maintenance or repair including, but not limited to, roof or exterior surface replacement, pavement resurfacing, repaving and road pavement structural section rehabilitation within the existing footprint, and any other reconstruction work within a public street or road right-of-way where both sides of the street or right-of-way are developed: or iii. An individual single-family home, which is not part of a larger common plan of redevelopment and is designed with appropriate source control and site design measures. (f) "Site design measures" means any project design features that reduce stormwater pollution by decreasing or slowing stormwater runoff or intercepting the flow of runoff across a series of contiguous impervious surfaces. (g) "Source control measures" means any project design features that aim to prevent stormwater pollution by eliminating or reducing the potential for contamination at the source of pollution. (h) "Stormwater treatment measures" means any engineered system designed to remove pollutants from stormwater by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process./I SECTION 2. Section 16.11.070 of Chapter 16.11 of Title 16 of the Palo Alto Municipal Code is hereby added to read, as follows: "16.11.070 Fees and Charges. Any person who files an application for a development project or a significant redevelopment project shall pay all applicable fees and charges, including but not limited to fees and 060713 cs 0072730 4 charges for plan checking and maintenance verification inspections in connection with these projects, in accordance with the municipal fee schedule./I SECTION 3. The City Council finds that the adoption of this ordinance does not constitute a project under the California Environmental Quality Act. SECTION 4. This,ordinance shall become commencement of the thirty-first day after adoption. INTRODUCED AND PASSED: July 10, 2006 fective upon the the date of its AYES: BARTON, BEECHAM, CORDELL, DREKMEIER, KLEIN, KLEINBERG, MORTON, MOSSAR NOES: ABSTENTIONS: ABSENT: KISHIMOTO Aa~y& City Clerk ~ APPROVED: APPROVED AS TO FORM: Senior Asst. City Attorney Director of Public Works 060713 cs 0072730 5