HomeMy WebLinkAbout2003-07-28 Ordinance 4799ORDINANCE NO. 4799
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO AMENDING TITLE 16 [BUILDING REGULATIONS] OF
THE PALO ALTO MUNICIPAL CODE BY ADDING CHAPTER
16.11 RELATING TO STORMWATER POLLUTION
PREVENTION MEASURES
Council of the Y of Palo Al to does ORDAIN as
follows:
dec
SECTION 1. Legislative Findings.
s as follows:
The Council finds and
A. In order to protect water quality, the ifornia
Regional Water Quality Cont Board has modi National
Pollutant Discharge Elimination System (NPDES) permit issued to
the Santa C Valley Urban Runoff Pollution Prevent Program
regulating the discharge of stormwater runoff to creeks by
Santa Valley municipal s. The new permit provisions
the municipalit s develop and enforce regulations
owners/developers applicable projects to install
and maint permanent stormwater quality protection measures in
accordance with specific design criteria.
B. Effective October 15, 2003, the regulations will
apply to proj ects that create or replace one acre or more of
impervious surface. Permi t lications for private proj ects
deemed comp prior to October 15, 2003 and public proj ects
for which funding has been committed and for which construction
is scheduled to begin by October 15, 2003 will not be subject to
the new ons.
C. The City of Palo to (as well as I other
cities the Santa Clara Valley) will be adopting new
stormwater regulations that apply to land development proj ects
that create or replace one acre or more of impervious sur
D. The City of Alto, in order to meet the
provisions contained in Division 7 of the California Water Code
and regulations adopted thereunder and the provis of the
Clean Water Act as amended and regulations and guidelines
adopted reunder, shall comply with the Californ Regional
Water Qual y Control Board's Provision C.3. New and
Redevelopment Performance Standards of Order No. 01 119.
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SECTION 2. Chapter 16.11 [Stormwater Pollution
Prevention] is hereby added to Title 16 (Building Regulations)
of the Palo Alto Municipal Code to read as follows:
16.11.010 Purposes and Intent. This chapter is necessary to
protect the health and safety of the residents Palo Alto and
the surrounding region from water quality degradation caused by
stormwater run off. This chapter has been enacted and shall be
implemented in a manner consistent with the requirements of the
ifornia Regional Water Quality Cont Board applicable to
the City of Palo to. This chapter shall be supplement to
the requirements chapter 16.09 [Sewer Use] with respect to
stormwater.
16.11.020 Definitions. The following words and phrases,
whenever used in this chapter, shall be as set forth below:
(a) Development Proj ect shall mean any private or public
project which falls under the planning and building
authority of the city that results the creation of
one acre (43,560 square feet) or more of impervious
surface, collectively over the entire project site,
including but not limited to parking lots, roof area,
streets, and sidewalks. 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) 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 sur area which either prevents
or retards the entry of water into the sol mantle as
entered under natural conditions stent 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 ow from the flow present
under natural conditions pre-existent to development.
Impervious surfaces include, but are not limited to,
rooftops, pavement, sidewalks, walkways, pat
driveways, and par ng lots where such surfaces are
not constructed with pervious materials and/or are not
designed to have zero stormwater discharge.
(c) Permanent Stormwater Pollution Prevention Measures
(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 in NPDES Permit No. CAS029718 issued by the
California Regional Water Quality Control Board, San
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Francisco Bay Region, as it may be amended from time
to time. The design and implementation of the PSPPM
must be in accordance with the guidelines and
techni specifications provided by the City or r
City-approved authority and requirements of Order
No. 01-119.
(d) Significant Redevelopment Project shall mean any
private or public project which falls under
planning and building j sdiction of the city on a
previously developed site that results in addi on or
replacement of one acre (43,560 square feet) or more
of impervious surface, collect ly over the entire
project site, including but not limited to roof area,
parking lots, streets and sidewalks, but not including
interior remodels nor routine maintenance or repair,
such as roof or exterior replacement and
repaving.
(e) Site Design Measures shall mean any project design
(f)
features that reduce stormwater pollution by
decreasing or slowing stormwater runoff or
intercepting the flow of runo across a series of
contiguous Impervious Surfaces.
Source Control Measures shall
features aim to prevent
eliminat or reducing
contamination at the source of
mean any project design
stormwater pollution by
potential
pollution.
(g) Stormwater Treatment Measures shall mean any
16.11.030
Required.
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.
Permanent Stormwater Pollution Prevention Measures
(a) All Development Proj ects shall include Permanent
Stormwater Pollution Prevention Measures in order to
reduce water qual y impacts of stormwater runoff from
the entire site for the life of project.
(b) All Signi cant Redevelopment Projects shall include
Permanent Stormwater Pollution Prevention Measures in
order to reduce water quality impacts of stormwater
runoff for life of the project.
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(1) Significant Redevelopment Projects that result in
an increase of, or replacement of, more than
fifty (50) percent of the impervious surface of a
previously existing development shall include
Permanent Stormwater Pollution Prevention Measures
sufficient to reduce water quality impacts of
stormwater runoff from the entire site for the
life of the project.
(2) Significant Redevelopment Projects that result in
an increase of, or replacement of, fifty (50)
percent or less of the impervious surface of a
previously existing development shall include
Permanent Stormwater Pollution Prevention Measures
sufficient to reduce water quality impacts of
stormwater runoff from the increased or replaced
portion of the site for the life of the project.
(c) Stormwater Treatment Measures proposed as part of a
project's Permanent Storrmwater Pollution Prevention
Measures shall be designed in accordance with the
following hydraulic sizing criteria to treat
stormwater runoff.
(1) Volume Hydraulic Design Basis. Stormwater
Treatment Measures whose primary mode of action
depends on volume capacity, such as
detention/retention units or infiltration
structures, shall be designed to treat stormwater
runoff equal to:
i. The maximized storm water quality capture
volume for the area, based on historical
rainfall records, determined using the
formula and volume capture coefficients set
forth in Urban Runoff Quali ty Management,
WEF Manual of Practice No. 23/ASCE manual of
Practice No. 87 (1998), pages 175 178
(e.g. approximately the 85th percentile 24-
hour storm runoff event); or
ii. The volume of annual runoff required to
achieve 80 percent or more capture,
determined in accordance with the
methodology set forth in the California
Stormwater Best Management Practices
Handbook for New Development and
Redevelopment (2003), using local rainfall
data.
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(2) ow Hydraulic Design Basis. Stormwater
Treatment Measures whose primary mode of action
i.
on flow capacity, such as swales, sand
or wetlands, shall be siz to treat:
10 percent of the 50-year k flow rate; or
ii. The flow of runoff produced by a rain event
equal to at least two times the 85th
percentile hourly rainfall ensity for the
applicable area, based on historical records
of hourly rainfall depths; or
iii. The flow of runoff resulting from a rain
event equal to at least 0.2 inches per hour
intensity.
(d) plans and construction are ect to inspection
1 by the City Engineer.
(e) No building or occupancy permit 11 be issued
without the written certification of City Engineer
requirements of this have been
satis Such certification 11 be in the form
scribed by the City Engineer and shall not be
issued without payment of all icable fees which
may be imposed for administration this chapter.
16.11.040 Inspection and Maintenance.
(a) property owner (s), its administrators, successors,
or any other persons, including any homeowners
ion, shall take all neces actions to ensure
the Permanent Stormwater lution Prevention
Measures are properly maintained so they continue
to operate as originally designed and approved. The
of the control measures shall be in
accordance with the terms and conditions of a
maintenance agreement and shall the form of a
covenant running with the environmental
mitigation measures, a use permit, enforceable
conditions of approval, or other agreement. The
shall provide access to extent allowable
by law for representatives or s of city for the
purposes of verification of proper operation and
maintenance of the speci c PSPPM. The agreement
11 be recorded in the of ce of the County
Recorder, shall remain in force until ownership of the
loped property has been transferred, and upon
trans r, shall be binding on new owner{s).
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(b) Any property owner that has
chapter to construct or install
Stormwater Pollution Prevention
transferring ownership of such
new owners with a current copy
shall inform the new owners
obligation to properly operate
PSPPM.
red by this
maintain Permanent
Measures shall upon
provide the
of this chapter, and
ing of their
maintain such
(c) It shall be unlawful to alter, modi or change any
components of the Permanent Stormwater Pollution
Prevention Measures without first ning the written
certification of the City r that the
requirements of this chapte~ have been satis
16.11.050 Monitorinq and Reportinq.
(a) As a condition of approval, the City may
require the owner of a Development or
Significant Redevelopment Project, to ish a
self-monitoring and reporting program ensure all
PSPPM are in compliance with the provis this
chapter. The self-monitoring report must in
accordance with the guidelines published by Public
Works Department.
(b) The City Engineer, or his or her
representatives, may conduct all
surveillance, and monitoring procedures necessary.
assure compliance with applicable sections s
chapter or with state regulations.
(c) ives of the City Engineer shall be
authorized to enter, without unreasonable delay, any
premises of any project subject to the requirements of
s chapter to carry out inspections and monitoring
to assure compliance with this chapter and applicable
state California regulations. Records shall be
available to city personnel for inspection and
copying.
(d) In addition to any other remedy available to the ty,
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
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16.11.060 Enforcement and Penalties.
(a) As provided in Chapter 1. 08 of Title 1 of this code,
violations of the provisions of this title shall be
subject to criminal penalties. The following
designated employee positions may enforce the
provisions of this chapter by the issuance of
citations. Persons employed in such positions are
authorized to exercise the authority provided in Penal
Code Section 836.5 and are authorized to issue
citations for violations of this chapter. The
designated employee positions are: city engineer,
industrial waste inspector; industrial waste
investigator; associate engineer; manager,
environmental control programs; supervisor, industrial
waste; and manager, environmental compliance division.
(b) Enforcement -Judicial civil penalties.
Any person who intentionally or negligently violates
any provision of this chapter or any provision of any
certificate issued pursuant to this chapter shall be
civilly liable to the city in a sum of not to exceed
twenty-five thousand dollars per day for each day in
which such violation occurs. The city may petition the
Superior Court pursuant to Government Code Section
54740 to impose, assess, and recover such sums. The
remedy provided in this section is cumulative and not
exclusive, and shall be in addition to the penalty
provisions of Chapter 1.08 of this code and all other
remedies available to the city under state and federal
law.
(c) Enforcement -Administrative civil penalties.
( 1) Complaint. The city engineer may serve an
administrative complaint on any person who has
violated any provision of this chapter. The
complaint shall state:
(a) The act or failure that constitutes the
violation;
(b) The provisions of law authorizing the civil
liability to be imposed; and
(c) The proposed civil penalty.
The complaint shall be served by personal
delivery or certified mail on the person subject
to the requirements that the city engineer
alleges were violated, and shall inform the
person served that a hearing on the complaint
shall be conducted within sixty days after
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service, unless the person charged with the
violation waives his or her right to a
(2) Hearing. Un s the person charged wi the
violation (s) s his or her right to a
hearing, the city manager or designee of city
manager shall conduct a hearing within s y
days. If ing officer finds the
person has caused a violation, he or may
assess administrative penalties against the
person. In rmining the amount of 1
penalty, the hearing officer may ta into
consideration all relevant circumstances,
including, but not limited to, the extent harm
caused by the violation, the economic benefit
derived through any noncompliance, the nature and
persistence of the violation, the length time
over which violation occurs and corrective
action, if any, attempted or taken by
discharger. 1 penalties that may be imposed
are as follows:
(a) An amount not to exceed two thousand dol
day for failing or refusing to furnish
or monitoring s;
(b) An amount not to exceed three thousand dollars
per day for iling or refusing to comply in a
timely fashion with any compliance schedule
established by the city;
(c) An amount not to exceed five thousand dol per
day of violation discharges in violation of
any Permanent Stormwater Pollution Prevention
Measure ion, permit condition or
requirement is by the city.
(3) Appeal. Any person against whom the hearing
officer assesses penalties may appeal the
decision of the hearing officer within thirty
days of notice decision. The city council
may hear the 1 or deny review of the case.
If the city council decides to hear the 1,
it shall conduct the appeal in accordance with
procedures established by the council.
decision of y council shall be in writ
and shall be final. 1 civil penal ties imposed
in accordance with this section shall be
within thirty days of the decision of the hearing
officer; provided, that if the decision is
appealed, all penal s shall be payable within
thirty days after the city council decision on
the appeal.
(4) Lien. The amount of any civil penal ties imposed
under this sect which have remained delinquent
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for a period of sixty days shall constitute a
lien against the real property of the discharger
from which the violation occurred resulting in
imposition of the penalty. The city engineer
shall cause the amount of uncollected penalty to
be recorded with the county recorder, in
accordance with Section 54740.5 of the California
Government Code, as the same from time to time
may be amended.
(d) Enforcement -Administrative citation.
Any person who violates any provision of this
chapter or any provision of any certification or
certificate issued pursuant to this chapter shall
be subject to the administrative citation
provisions contained in Chapter 1.12 of this
code.
(e) Enforcement -Administrative compliance order.
Any person who violates any provision of this
chapter or any provision of any certificate
issued pursuant to this chapter shall be subject
to the administrative compliance order provisions
contained in Chapter 1.16 of this code.
(f) Enforcement -Notice of noncompliance.
(1) Unless the city engineer finds that the severity
of the violation warrants immediate action or
certificate revocation or suspension, he or she
shall issue a notice of noncompliance which:
(a) Enumerates the violations found; and
(b) Orders compliance by a date certain.
If the violations are not abated in the time
period identified further action may be taken by
the city engineer, including, but not limited to,
suspension, revocation or modification of the
certificate.
(2) Subject to the following limitations, and in
addition to the provisions of subsection (a), the
ci ty engineer may require a discharger that has
violated any discharge limits contained in this
chapter to install a temporary system for the
capture, testing and release of stormwater.
SECTION 3. The City Engineer shall
implement the provisions of this ordinance.
administer and
SECTION 4. This ordinance is exempt from the provisions
of Chapter 3 (commencing with Section 21100) of Division 13 of
the Public Resources Code [California Environmental Quality Act
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(CEQA)] pursuant to State CEQA Guidelines Section 15308 as an
action that assures the maintenance, restoration, enhancement,
or protection of the environment where the regulatory process
involves procedures for protection of the environment.
SECTION 5. This ordinance shall be effective on the
thirty-first day after the date of its adoption.
INTRODUCED: July 14, 2003
PASSED: July 28, 2003
AYES: BEECHAM, BURCH, FREEMAN, KISHIMOTO, KLEINBERG, LYTLE,
MORTON, MOSSAR, OJAKIAN
NOES:
ABSENT:
ABSTENTIONS:
~~~~ City Clerk . Mayor
APPROVED AS APPROVED:
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