HomeMy WebLinkAbout2005-09-12 Ordinance 4878--.;;_01 1
follows:
ORDINANCE NO. 4878
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO AMENDING SECTIONS 16.11.020, 16.11.031,
16.11.040 AND 16.11.050 OF CHAPTER 16.11
(STORMWATER POLLUTION PREVENTION) OF THE PALO
ALTO MUNICIPAL CODE TO IMPLEMENT NEW REGIONAL
WATER QUALITY CONTROL BOARD PERMIT REQUIREMENTS
The Council of the City of Palo Alto does ORDAIN as
SECTION 1. Findings and Declarations.
finds and declares as follows:
The City Council
La) The City of Palo Alto is a member of the Santa Clara
Valley Urban Runoff Pollution Prevention Program (Program),
which consists of fifteen public agencies in Santa Clara County.
(b) The California Regional Water Quality Control Board,
San Francisco Bay Region, (Board) administers the National
Pollutant Discharge Elimination System (NPDES) permit program
under the Federal Water Pollution Control Act.
(c) In 2001, the Board adopted order Nos. 01-024 and 01-
119 under NPDES Permit No. CAS029718 (collectively, the Permit),
which regulates stormwater discharges of the members of the
Program by requiring the Program members to implement stormwater
management plans that meet certain performance standards,
including a performance standard for certain new development and
significant redevelopment projects in each member jurisdiction.
PAMC Chapter 16.11 implem'ents the requirements of the Permit
applicable to new development and significant redevelopment.
(d) On July 20, 2005 , the Board adopted Order No. R2-
2005-0035 amending the Permit requirements to make the size
criteria smaller for the new development and significant
redevelopment projects required to implement stormwater
pollution prevention measures and to require certain new
development and significant redevelopment projects to implement
measures to reduce or avoid hydromodification impacts. It is
necessary to amend certain sections of PAMC Chapter 16.11 to
implement these new Permit requirements.
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SECTION 2. Section 16.11.020 (Definitions) of Chapter
16.11 (Stormwater Pollutio~ Prevention), Title 16 [Building
Regulations] of the Palo Alto Municipal Code is hereby amended
to read in its entirety as follows:
16.11.020 Definitions.
The following words and phrases, whenever used in this
chapter, shall be as set forth below:
(a) "Development project" shall mean any private or
public project under the planning and building authority of the
city that creates impervious surface and is in one of the
categories described in subsections (a){l), (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
11. 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
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;
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iii. Outdoor
iv. Outdoor
v. Outdoor
vi. Outdoor
vii. Other
commercial uses.
manufacturing;
food handling or processing;
animal carei
horticultural activitiesi or
outdoor activities of industrial or
(4) For projects that include one of the land use
functions listed in subsections (a) (2) or (a) (3) above, the
development proj ect 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 development project 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
ii. Sidewalks, bicycle lanes, trails, bridge
accessories, guardrails and landscape features located in the
public right-of-way.
(6) 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.
(b) "Hydromodification management measures" shall
mean any combination of on-site, off-site, and in-stream control
measures incorporated into specified development proj ects and
significant redevelopment projects in order to reduce stormwater
runoff so as to not cause an increase in the erosion potential
of therece~v~ng 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 (Regional
Board), as it may be amended from time to time.
(c) "Impervious surface" shall mean 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 mantle 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
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under natural conditions pre-existent to development. Impervious
surfaces include I but are not limited to I rooftops I pavement,
sidewalks I walkways, patios , driveways I and 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 II PSPPM" shall mean 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 wi th 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" shall mean
any private or public project under the planning and building
jurisdiction of the city on a previously developed site that
creates additional or replacement impervious surface and is in
one of the categories described in subsections (e) (1) I (e) (2) I
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 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 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
redevelopment project if it
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be considered a
resul ts in the
significant
addition or
replacement of 10,000 square feet or more of 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 lanq 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; or
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.
(f) "Site design measures" shall mean any project
design features that reduce stormwaterpollution by decreasing
or slowing stormwater runoff or intercepting the flow of runoff
across a series of contiguous impervious surfaces.
(g) "Source control measures" shall mean 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" shall mean any
engineered system designed to remove pollutants from stormwater
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by simple gravity settling of particulate pollutants,
fil tration, biological uptake, media adsorption or any other
physical, biological, or chemical process.
SECTION 3. Section 16.11.031 (Hydromodification
Management Measures Required) is hereby added to Chapter 16.11
(Stormwater Pollution Prevention), Title 16 [Building
Regulations] of the Palo Al to Municipal Code to read in its
entirety as follows:
16.11.031 Hydromodification Management Measures Required
(a) All development projects that result in, the
creation of one acre (43,560 square feet) or more of impervious
surface and all significant redevelopment projects that result
in the addition or replacement of one acre (43,560 square feet)
or more of impervious surface shall implement hydromodification
management measures, except for the following projects: '
1. Projects that do not create an increase in impervious
surface over pre-project conditions.
2. Transit-oriented developments located wi thin a one-
half mile radius of existing or planned transit stations and/or
intermodal transit facilities, including rail and bus stations,
terminals or major transfer points.
3. Projects located within areas that drain to stream
channels within the tidally-influenced area.
4. Projects located within areas that drain to non-
earthen stream channels that are hardened on three sides and
extend continuously upstream from the tidally-influenced area.
5. Projects draining to an underground storm drain that
discharges directly to San Francisco Bay.
6. Projects that are located in subwatershed areas that
are 90% or more built-out and have more than 65% impervious
surface.
7. Projects that are less than 50 acres in total project
size that are located in subwatershed areas that are 90% or more
built-out and have less than 65% impervious surface.
8. projects that demonstrate, upon completion of stream-
specific 'modeling studies that are consistent with the
Hydromodification Management Plan approved by the Regional
Board, that there will be no increase in potential for erosion
or other adverse impact to beneficial u~es to any waters of the
State.
The exceptions described above shall be applied in
accordance with the provisions of the requirements of Order No.
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01-119 under NPDES Permit No. CAS029718 issued by the Regional
Board, as it may be amended from time to time, and the
provisions of the Hydromodification Management Plan for the
Santa Clara Valley Urban Runoff Pollution Prevention Program as
approved by the Regional Board.
(b) Hydromodification management measures shall be
designed and implemented in accordance with guidelines and
technical specifications provided by the city or other ci ty-
approved authority, the requirements of Order No. 01-119 under
NPDES Permit No. CAS029718 issued by the Regional Board, as it
may be amended from time to time, and the provisions of the
Hydrom~dification Management plan for the Santa Clara Valley
Urban Runoff Pollution Prevention program as approved by the
Regional Board.
(c) All hydromodification management measures are
subject to inspection and approval by the city engineer.
SECTION 4. ·16.11.040 (Inspection and Maintenance) of
Chapter 16.11 (Stormwater Pollution prevention), Title 16
[Building Regulations] of the Palo Alto Municipal Code is hereby
amended to read in its entirety as follows:
16.11.040 Xnspection and Maintenance
(a) The property owner(s), its administrators,
successors, or any other persons, including any homeowners
association, shall take all necessary actions to ensure that the
permanent stormwater pollution prevention measures and
hydromodification management measures are properly maintained so
that they continue to operate as originally designed and
approved. The maintenance of the control measures shall be in
accordance with the terms and conditions of a maintenance
agreement· and shall be in the form of a covenant running wi th
the land, environmental mitigation measures, a use permit,
enforceable conditions of approval, or other legal agreement.
T?e agreement shall provide access to the extent allowable by
law for representatives or agents of city for the purposes of
verification of proper operation and maintenance of the specific
PSPPM and hydromodification management measures. ,The agreement
shall be recorded in the office of the county recorder, shall
remain in force until ownership of the developed property has
been transferred, and upon transfer, shall be binding on the new
owner (s) .
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(b) Any property owner that has been required by this
chapter to construct or install and maintain permanent
stormwater pollution prevention measures andhydromodification
management measures shall upon transferring ownership of such
property provide the new owners with a current copy of this
chapter, and shall inform the new owners in writing of their
obligation to properly operate and maintain such PSPPM and
hydromodification management measures.
(c) It shall be unlawful to alter, modify or change
any components of the permanent stormwater pollution prevention
measures or hydromodification management measures without first
obtaining the written certification of the city engineer that
the requirements of this chapter have been satisfied.
SECTION 5. Section 16.11.050 (Monitoring and Reporting)
of Chapter 16.11 (Stormwater Pollution Prevention), Title 16
[Building Regulations] of the Palo Alto Municipal Code is hereby
amended to read as follows:
16.11.050 Monitoring and Reporting
(a) As a condition of approval, the city engineer may
require the owner of a development project or significant
redevelopment project, to establish a sel.f-monitoring and
reporting program to ensure all PSPPM and hydromodification
management measures are in compliance with the provisions of
this chapter. The self-monitoring report must be in accordance
with the guidelines published by the public works department
(b) The city engineer, or his or her authorized
representatives, may conduct all inspection, surveillance, and
monitoring procedures necessary to assure compliance with
applicable sections of this chapter or with state regulations.
(c) Representatives of the city engineer shall be
authorized to enter I without unreasonable delay, any premis.es of
any project subject to the requirements of this chapter to carry
out inspections and monitoring to assure compliance with this
chapter and applicable state of California regulations. Records
shall be available to city personnel for inspection and copying.
(d) In addition to any other remedy available to the
city, city inspectors may issue compliance directives at the
time of the inspection to require the owner to implement actions
that will correct violations of this chapter.
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., .
SECTION 6. The Council finds that adoption of this
Ordinance is exempt from review under the California
Environmental Quality Act (CEQA) as an action taken by a
regulatory agency to protect the environment (Title 14 CCR
Section 15308) .
SECTION 7. This ordinance shall be effective on the
thirty-first day after the date of its adoption.
INTRODUCED AND PASSED: September 12, 2005
AYES: BEECHAM, BURCH, CORDELL, FREEMAN ,
KISHIMOTO, MORTON, MOSSAR, OJAKIAN
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
&ut~ City Clerk
APPROVED AS TO FORM:
Senior Assistant City Attorney
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Mayor
APPROVED:
Director of
Services
KLEINBERG,
Works