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HomeMy WebLinkAboutOrdinance 5672Ordinance No. 5672 Ordinance of the Council of the City of Palo Alto Amending Title 16 of the Palo Alto Municipal Code to Add a New Chapter 16.13, Requirements for Food Facilies Related to Water Polluon Prevenon and Management of Fats, Oils, and Grease The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and Declara ons. The City Council finds and declares as follows: A.Urban Stormwater Runoff is considered a significant pathway for Pollutants into local creeks and the San Francisco Bay. Rain, irriga on, and other water flows wash Pollutants off impervious surfaces like streets, sidewalks, roofs, driveways, and parking lots into Storm Drain Systems and creeks and, ul mately, to the San Francisco Bay. Water that flows to the Bay from the Storm Drain System and creeks does not receive any treatment and is o en contaminated by Pollutants that can be toxic to fish, wildlife, and people. B.Fats, Oils and Grease generated by Food Facili es can easily clog Sanitary Sewer System pipes when flushed down the drain without pretreatment. Clogged pipes can result in Sanitary Sewer System backups and overflows, pollute local creeks and the Bay, and cause significant infrastructure damage crea ng a financial strain on businesses, residents, and the City. C.The City is required to comply with the State Water Resources Control Board Order No. WQ 2022-0103-DWQ Statewide Waste Discharge Requirements General Order for Sanitary Sewer Systems, which requires protec on of the Sanitary Sewer System and elimina on of preventable Sanitary Sewer Overflows. D.Protec on of the Storm Drain System, Sanitary Sewer System, and local Receiving Waters requires strict regula ons to prevent discharges and damage to infrastructure. Water quality requirements in the Municipal Regional Stormwater Permit issued by the San Francisco Bay Regional Water Quality Control Board, the U.S. Environmental Protec on Agency "General Pretreatment Regula ons for Exis ng and New Sources of Pollu on" published at Title 40 of the Code of Federal Regula ons, Part 403, and the Federal Water Pollu on Control Act, 33 U.S.C. sec on 1251 shall be followed. E.In order to be er protect public health, local Receiving Waters, and the City’s Storm Drain and Sanitary Sewer Systems, the City now intends to update its Municipal Code to include all applicable Food Facility requirements within the same Chapter 16.13, as opposed to dividing Stormwater and pretreatment requirements between mul ple chapters. Docusign Envelope ID: 099ABC08-E62B-46E0-9FDF-CE0042AA36F0 0290174_20250422_ms29 2 F.Food Facili es shall also adhere to requirements in Chapter 16.11, a component of the City’s Stormwater Compliance Program, which supports the City’s authority to implement Stormwater Pollu on preven on requirements mandated by the Regional Water Quality Control Board. SECTION 2. Title 16 of the Palo Alto Municipal Code is amended to establish Chapter 16.13 to read as follows: Docusign Envelope ID: 099ABC08-E62B-46E0-9FDF-CE0042AA36F0 0290174_20250422_ms29 3 Table of Contents Part 1 Purpose and Intent; Definions _____________________________________________ 5 16.13.010 Purpose and Intent ________________________________________________________ 5 16.13.020 Definions _______________________________________________________________ 5 Part 2 General Provisions ______________________________________________________ 10 16.13.030 Administraon ___________________________________________________________ 10 16.13.040 Applicability _____________________________________________________________ 11 16.13.050 Conflicts with Other Laws __________________________________________________ 11 16.13.060 Alternate Means and Methods ______________________________________________ 11 16.13.070 Retenon of Records ______________________________________________________ 11 16.13.080 Obstruc on, Damage, or Impairment to Storm Drain and Sanitary Sewer Systems and Rights-of-way ____________________________________________________________________ 11 Part 3 Authority to Inspect and Enforce ___________________________________________ 12 16.13.090 Authority to Inspect _______________________________________________________ 12 16.13.100 Authority to Require Correc ve Ac ons _______________________________________ 12 16.13.110 Fees and Charges _________________________________________________________ 13 Part 4 Prohibited Discharges, Devices, and Connec ons ______________________________ 13 16.13.120 Prohibited Discharges _____________________________________________________ 13 16.13.130 Prohibited Devices, Equipment, and Connec ons _______________________________ 14 Part 5 Grease Control Device Requirements ________________________________________ 14 16.13.140 Requirements for Installing or Replacing Exis ng Grease Control Devices _____________ 14 16.13.150 Grease Control Device Maintenance Requirements ______________________________ 14 Part 6 Roo op Grease Containment System Requirements ____________________________ 14 16.13.160 Requirements for Installing or Replacing Exis ng Roo op Grease Containment Systems _ 14 Part 7 Waste Oil Management Requirements ______________________________________ 14 16.13.170 Waste Oil Storage Requirements for Food Facili es ______________________________ 14 16.13.180 Waste Oil Management and Maintenance Requirements for Food Facili es ___________ 15 Part 8 Spill Response Requirements ______________________________________________ 15 16.13.190 Requirements for Fats, Oils, and Grease Spill Response Ac vi es Conducted at and Associated with Food Facili es _______________________________________________________ 15 Part 9 Best Management Prac ces for Exis ng Facili es ______________________________ 15 16.13.200 Required Best Management Prac ces for Exis ng Facili es ________________________ 15 Part 10 Mobile Food Facili es ___________________________________________________ 15 Docusign Envelope ID: 099ABC08-E62B-46E0-9FDF-CE0042AA36F0 0290174_20250422_ms29 4 16.14.210 Mobile Food Facilies _____________________________________________________ 15 Part 11 Food Facility Closure or Ownership Change __________________________________ 15 16.14.220 Food Facility Closure or Change of Ownership __________________________________ 15 Docusign Envelope ID: 099ABC08-E62B-46E0-9FDF-CE0042AA36F0 0290174_20250422_ms29 5 Part 1 Purpose and Intent; Defini ons 16.13.010 Purpose and Intent The purpose of this Chapter is to control and limit impacts from Fats, Oils, and Grease (FOG) generated by Food Facili es to the City of Palo Alto (City) Storm Drain System, Sanitary Sewer System, right-of-way, and Receiving Waters, including the San Francisco Bay (Bay) and local creeks, marshes, wetlands and other natural habitats, as well as to protect human health and the environment. This Chapter is enacted and shall be implemented in a manner consistent with the U.S. Environmental Protec on Agency "General Pretreatment Regula ons for Exis ng and New Sources of Pollu on" published at Title 40 of the Code of Federal Regula ons, Part 403, the Porter-Cologne Water Quality Control Act (Water Code Sec on 13000 et seq.), and the Federal Clean Water Act (33 U.S.C. Sec on 1251 et seq.) (CWA), as amended from me to me. This Chapter is designed to be no less stringent than regional, state or federal regula ons, rules, orders, and policies but in some respects is more stringent. The City intends to update and modify this Chapter as needed to con nue to meet state and regional requirements and provide a program for protec on of the San Francisco Bay and other Receiving Waters. If any provision of this Chapter conflicts with state or regional requirements, as amended or updated, the more stringent and environmentally protec ve provision shall apply. This Chapter supplements the provisions of Chapters 16.09 and 16.11 of the Palo Alto Municipal Code, which apply to uses and ac vi es in the City more broadly, as well as Food Facili es. This Chapter is intended to complement, rather than supersede, the provisions of City building codes and regula ons applicable to the installa on and opera on of grease capturing equipment. 16.13.020 Defini ons The following terms, whenever used in this Chapter, are capitalized and shall be as defined herein. For purposes of this Chapter, terms defined in Chapter 16.11 shall have the same meaning in this Chapter, 16.13, except to the extent expressly modified in this Sec on. (a)“A” defini ons: Reserved (b)“B” defini ons: (1)“Best Management Prac ces” or “BMPs” means a combina on of general good housekeeping prac ces, Pollu on preven on and educa onal prac ces, opera ons and maintenance procedures, and other prac ces to prevent or reduce to the Maximum Extent Prac cable Non-Stormwater Discharges directly or indirectly to the Storm Drain System, Sanitary Sewer System, right-of-way, or Receiving Waters. (2)“Building” means any structure used or intended for suppor ng or sheltering any use or occupancy. Docusign Envelope ID: 099ABC08-E62B-46E0-9FDF-CE0042AA36F0 0290174_20250422_ms29 6 (c)“C ” defini ons: (1)“City” or “The City” means City of Palo Alto, California. (2)“Community Food Producer” means a producer of agricultural products on land that is not zoned for agricultural use but is otherwise in compliance with applicable local land use and zoning restric ons, including but not limited to restric ons governing personal gardens, community gardens, school gardens, and culinary gardens. (d)“D” defini ons: (1)“Director” means the Director of Public Works of the City of Palo Alto and their duly authorized designees. (2)“Discharge” means the introduc on of a Pollutant to the Storm Drain System, Sanitary Sewer System, or a Receiving Water from any ac vity or opera on associated with a Food Facility or Mobile Food Facility. (3)“Discharger” means any Person who causes or permits a Discharge. (e)“E” defini ons: (1)“Enforcement Response Plan” or “ERP” means a reference document for inspec on staff and management to ensure a consistent and transparent enforcement process for mee ng City, regional, and state requirements. (f)“F” defini ons: (1)“Fats, Oils, and Grease” or “FOG” means any substance, such as a vegetable or animal product, that is used in, or is a byproduct of, the cooking or food prepara on process, and that turns or may turn viscous or solidifies with a change in temperature or other condi ons. FOG does not include any products associated with petroleum. (2)“Food Facility” means a permanent establishment or mobile business opera ng for the purpose of preparing, packaging, serving, or providing food (including only pre- packaged) and/or drinks for consump on by that establishment’s members, customers, employees, or the general public. “Food Facility” does not include the following: (i)Loca ons where food is stored temporarily but not prepared or served; (ii)Private home kitchens, also known as co age food opera ons, as defined by the California Department of Public Health; (iii)Community Food Producers; (iv)Farmers’ markets and produce stands, except where food is prepared and served at the market; Docusign Envelope ID: 099ABC08-E62B-46E0-9FDF-CE0042AA36F0 0290174_20250422_ms29 7 (v)Kitchen facili es principally for individual use by employees ancillary to another primary use (i.e., office break rooms); and (vi)Public events at temporary loca ons without connec ons to the Sanitary Sewer System and Storm Drain System. (3)“Food Facility Development Project” means new construc on or replacement of a structure built to serve solely as a Food Facility or a structure that includes a Food Facility and requires a Planning En tlement or Building Permit from the City. (4)“Food Waste Disposer” means a device installed under a sink drain used to shred and/or grind food waste into smaller par cles in order for it to drain to the Sanitary Sewer System. (g)“G” defini ons: (1)“Grease Control Device” means a device designed to collect and prevent passage of food waste and FOG into the Sanitary Sewer System. Grease Control Devices addressed in this Chapter include gravity grease interceptors, grease removal device(s), and hydromechanical grease interceptors. (h)“H” defini ons: Reserved (i)“I” defini ons: Reserved (j)“J” defini ons: Reserved (k)“K” defini ons: Reserved (l)“L” defini ons: (1)“Lateral” means the drainage piping and appurtenances that cons tute a Building’s connec on to the Sanitary Sewer System. (m)“M” defini ons: (1)“Maximum Extent Prac cable” or “MEP” means u lizing all reasonably feasible means, including implementa on of BMPs, control techniques, and system, design and engineering methods. (2)“Mobile Food Facility” means any vehicle used in conjunc on with a commissary or other permanent Food Facility upon which food is sold or distributed at retail. This does not include a “transporter” used to transport packaged food from a Food Facility, or other approved source to the consumer. (3)“Municipal Regional Permit” or “MRP” means the most recently adopted San Francisco Bay Area Municipal Regional Stormwater Permit, a mul -countywide municipal Stormwater NPDES Permit issued by the California Regional Water Quality Control Board, San Francisco Bay Region-Region 2 (Regional Water Board), to Docusign Envelope ID: 099ABC08-E62B-46E0-9FDF-CE0042AA36F0 0290174_20250422_ms29 8 regulate Discharges from municipali es and local agencies in Alameda, Contra Costa, San Mateo, and Santa Clara coun es, and the ci es of Fairfield, Suisun City, and Vallejo to the San Francisco Bay. (n)“N” defini ons: (1)“Non-Stormwater Discharge” means any Discharge that is not en rely composed of Stormwater. Non-Stormwater Discharges include but are not limited to polluted groundwater, any Pollutant, Discharges allowed under an NPDES Permit, or an Illicit Discharge. (2)“NPDES” means Na onal Pollutant Discharge Elimina on System, which is a na onal program for issuing, modifying, revoking and reissuing, termina ng, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under Sec ons 307, 402, 318, and 405 of the Federal Clean Water Act. (o)“O” defini ons: Reserved (p)“P” defini ons: (1)“Person” means any individual, partnership, firm, company, corpora on, associa on, joint venture, joint stock company, trust, estate, governmental en ty, or any other legal en ty; or their representa ves, agents, or designees. (2)“Pervious” refers to a material or surface (such as landscaping or natural landscape) that allows water to infiltrate below the surface. Pervious materials may include, but are not limited to, permeable interlocking concrete pavers, permeable pavers, Pervious concrete and porous asphalt. (3)“Planning En tlement” means approval provided by the City to develop a Building (or Buildings) or a piece of land for a specific use according to the City’s development standards, rules, and regula ons. (4)"Pollutants” or “Pollutant” means those substances that may cause or contribute to the degrada on of water quality of Receiving Waters and are harmful to aqua c life, human health and the environment. Pollutants associated with Food Facili es include cleaning agents, food waste, trash, and Fats, Oils, and Grease. (5)"Pollu on" means the presence, introduc on or Discharge into a Receiving Water of a Pollutant that has harmful or poisonous effects on aqua c life, ecological habitat, natural processes of creeks and waterbodies, public health and the environment. (q)“Q” defini ons: Reserved Docusign Envelope ID: 099ABC08-E62B-46E0-9FDF-CE0042AA36F0 0290174_20250422_ms29 9 (r)“R” defini ons: (1)“Receiving Water” means waters of the State, as defined by the Porter-Cologne Water Quality Control Act. Receiving Waters include but are not limited to creeks, marshes, wetlands, shorelines, estuaries, and bays. (2)"Refuse" means and includes compostable materials, recyclable materials, and solid waste. Solid waste means solid and semisolid wastes, generated in or upon, related to the occupancy of, remaining in or emana ng from residen al premises or commercial premises including but not limited to garbage, trash, rubbish, ashes, and industrial wastes. (3)“Refuse Management Area” means an area located outdoors used to store Refuse bins and/or dumpsters, inside or outside of an enclosure. (4)“Responsible Party” means any Person who owns, operates, or manages a property, business, facility, or site, or who is otherwise responsible for the ac vi es thereon or the Person whose ac on or omission causes or results in a viola on of this Chapter. (5)“Roo op Grease Containment Systems” means the filters applied to roo op termina ons at Food Facili es. They are applied to roo op fans on exhaust systems to capture the aerosol form of FOG from food being cooked in the kitchen. (s)“S” defini ons: (1)“San Francisco Bay Regional Water Quality Control Board” or “Regional Water Board” means the regional agency whose mission is to preserve, enhance, and restore the quality of the San Francisco Bay’s water resources for the protec on of the environment, public health, and all beneficial uses. This agency oversees compliance of the MRP. (2)“Sanitary Sewer Overflow” means any overflow, spill, release, Discharge, or diversion of untreated or par ally treated wastewater from a Sanitary Sewer System. (3)“Sanitary Sewer System” means the collec on system, all sewers, treatment plants and other facili es owned or operated by the City for carrying, collec ng, storing, trea ng, reclaiming, and disposing of sanitary sewage and industrial wastes (as defined in Sec on 16.09.015 of Title 16 of the Palo Alto Municipal Code). (4)“Storm Drain System” means the storm drain facili es owned, managed, or operated by the City by which Stormwater is collected and/or conveyed to Receiving Waters, including but not limited to streets and roads, gu ers, curbs, inlets, piped storm drains, parking lots, pumping facili es, reten on and deten on basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the City’s jurisdic on. The Storm Drain System also includes pipes, underground and surface conveyances, and other components on private property Docusign Envelope ID: 099ABC08-E62B-46E0-9FDF-CE0042AA36F0 0290174_20250422_ms29 10 and other property within the City’s limits not owned by the City that connect and/or route Stormwater and Stormwater Runoff to the City’s Storm Drain System. (5)“Stormwater” means any surface flow, runoff, and drainage consis ng en rely of water that originates from precipita on events. (6)“Stormwater Runoff” means flow that is created when precipita on falls on Impervious Surfaces or compacted Pervious surfaces that do not allow water to infiltrate into the ground. (7)“Structural Retrofit Best Management Prac ces” or “Structural Retrofit BMPs” means a retrofit to a structure, fixed feature, or property to prevent or minimize the poten al of a Discharge to the Storm Drain System, Sanitary Sewer System, or Receiving Waters. (t)“T” defini ons: Reserved (u)“U” defini ons: (1)“United States Environmental Protec on Agency” or “U.S. EPA” or “EPA” means the Environmental Protec on Agency of the United States of America, a federal agency, whose mission is to protect human health and the environment and the oversees compliance with environmental regula ons. (v)“V” defini ons: Reserved (w)“W” defini ons: (1)“Waste Oil” means FOG generated by cooking or Food Facility equipment that is not plumbed to the Sanitary Sewer System but is collected, stored, and hauled off-site. Waste Oil is also known as cooking oil, yellow oil, or tallow. (2)“Waste Oil Container” means any container used to store Waste Oil. (x)“X” defini ons: Reserved (y)“Y” defini ons: Reserved (z)“Z” defini ons: Reserved Part 2 General Provisions 16.13.030 Administra on The Director shall be responsible for the administra on and enforcement of the provisions of this Chapter and for promulga ng such orders, rules, condi ons of approval, and requirements as are necessary to accomplish the purposes of this Chapter. The primary regulatory document Docusign Envelope ID: 099ABC08-E62B-46E0-9FDF-CE0042AA36F0 0290174_20250422_ms29 11 implemenng this Chapter is Palo Alto Regulaons for Food Facilies Related to Water Polluon Prevenon and Management of Fats, Oils, and Grease. 16.13.040 Applicability This Chapter shall apply to all Food Facilies and Mobile Food Facilies as defined in this Chapter. Nothing in this Chapter shall be interpreted to infringe on any vested property right. 16.13.050 Conflicts with Other Laws In the event of any conflict between this Chapter and any federal or state law, regulaon, order, or permit, the requirement that establishes the higher standard for public health or safety shall govern. Nothing in this Chapter shall preclude enforcement of any other applicable law, regulaon, order, or permit. 16.13.060 Alternate Means and Methods If compliance with any secon of these regulaons is infeasible, the Director, upon applicaon in wring by the owner, a lessee, or an authorized representave of the Food Facility, is authorized to approve alternate means or methods of compliance with this Chapter. The Food Facility shall demonstrate, as required by the Director, that the proposed alternave is at least equivalent in quality, strength, effecveness, fire resistance, durability, and safety. The parculars of any such approval made by the Director shall be in wring and a signed copy shall be furnished to the applicant. 16.13.070 Retenon of Records Food Facilies shall comply with the records retenon requirements in the Palo Alto Regulaons for Food Facilies. 16.13.080 Obstrucon, Damage, or Impairment to Storm Drain and Sanitary Sewer Systems and Rights-of-way Dischargers shall be responsible for and liable to the City for any obstrucon, damage, or impairment to the Storm Drain System, Sanitary Sewer System, and other rights-of-way associated with a Discharge that causes an obstrucon, damage, or any other impairment to the Storm Drain System and Sanitary Sewer System. The City may assess a charge against the Discharger to reimburse the City for costs incurred to clean or repair said obstrucon, damage or impairment. Docusign Envelope ID: 099ABC08-E62B-46E0-9FDF-CE0042AA36F0 0290174_20250422_ms29 12 Part 3 Authority to Inspect and Enforce 16.13.090 Authority to Inspect (a)The Director shall have the authority to inspect inside and outside of private and public Food Facili es, sites, property, structures, equipment, and drainage systems associated with Food Facili es, whether exis ng or under construc on, whenever necessary to ensure and confirm compliance with this Chapter and applicable state, regional, and City regula ons. (b)The Director shall be authorized to enter, without unreasonable delay, any premises subject to the requirements of this Chapter to conduct inspec ons and monitoring to assure compliance with this Chapter and applicable state, regional, and City regula ons. An inspec on fee shall be charged for each inspec on at the amount listed in the City’s Adopted Municipal Fee Schedule. (c)In the event the owner or occupant of the premises refuses entry a er a request to enter and inspect the premises has been made, the City is hereby empowered to seek assistance from any court of competent jurisdic on in obtaining such entry. 16.13.100 Authority to Require Correc ve Ac ons (a)Enforcement. The Director shall have primary responsibility for enforcement of this Chapter. The Director is authorized to take all ac ons reasonable and necessary to enforce this Chapter and any regula ons developed as required hereunder. Viola ons of this Chapter may be enforced as allowed by Title I of the Palo Alto Municipal Code. The Director is authorized to exercise the authority provided in the California Penal Code sec on 836.5. (b)The Director may require any Food Facility or Person deemed to have violated this Chapter to take any or all of the following ac ons: (1)Ensure that the Pollu on be remediated and the affected private and City property and infrastructure, as relevant, be restored within a specified me. The Responsible Party shall also be responsible for cleanup or reimbursement of cleanup costs incurred by the City for cleanup ac vi es associated with any Discharges that have entered the City’s right-of-way, Storm Drain and/or Sanitary Sewer Systems. (2)Implement applicable BMPs to protect the Storm Drain System, Sanitary Sewer System, and Receiving Waters to address Pollutant sources, including but not limited to, outdoor Waste Oil storage and disposal areas; outdoor Refuse Management Areas; outdoor parking areas and access roads; outdoor areas used by customers and employees; outdoor wash areas; outdoor drainage from indoor areas; roo op equipment; Grease Control Devices and associated plumbing connec ons; private Docusign Envelope ID: 099ABC08-E62B-46E0-9FDF-CE0042AA36F0 0290174_20250422_ms29 13 Laterals; and other sources that have a reasonable poten al to contribute to Pollu on. (3)Install Structural Retrofit BMPs to address noncompliance of this Chapter. These projects shall be approved by the Director and may be require a Planning En tlement or Building Permit approval from the City. (c)The Director shall implement a Stormwater Enforcement Response Plan to facilitate mely and effec ve compliance with the requirements of this Chapter. The Enforcement Response Plan shall contain, at a minimum, the following: (1)Enforcement procedures; (2)Enforcement tools and scenarios; (3)Procedures for mely correc on of poten al and actual Discharges; and (4)Procedures for referral and coordina on with other agencies. (d)The remedies established in this Sec on are not exclusive. In addi on to any other remedies allowed under the Palo Alto Municipal Code, viola ons may be subject to penal es established by resolu on of the Council or any other enforcement mechanism allowed by law. 16.13.110 Fees and Charges The City may adopt reasonable fees and charges for reimbursement of costs of administering and enforcing this Chapter. Part 4 Prohibited Discharges, Devices, and Connec ons 16.13.120 Prohibited Discharges No Person shall cause, allow, or permit any Threatened or Actual Discharge or allow any of the following to flow or spill to any Pervious area, street, or City right-of-way. Prohibited Discharges include, but are not limited to, the following: (a)Fats, Oils, and Grease (FOG), including any liquid or other wastes containing FOG; (b)Grease Control Device contents; (c)Waste Oil Container contents; (d)Drippings or spills from Outdoor Refuse Management Areas; (e)Refuse, liquids, and other waste from indoor and outdoor storage and wash areas and public or employee areas associated with a Food Facility; and (f)FOG accumula ons on roo ops of Food Facili es from roo op termina ons. Docusign Envelope ID: 099ABC08-E62B-46E0-9FDF-CE0042AA36F0 0290174_20250422_ms29 14 16.13.130 Prohibited Devices, Equipment, and Connec ons (a)Plumbing lines and drainage fixtures located in bathrooms shall not be connected to a Grease Control Device. (b)No dishwashers shall be connected to a Grease Control Device. (c)No Food Facility shall install, maintain, or use a Food Waste Disposer (as required in 16.08.110 of Title 16 of the Palo Alto Municipal Code). (d)Unless otherwise approved by the Director, no Food Facility shall install, maintain, or use any food waste liquefiers, aerobic or anaerobic food waste digesters, food composters, or similar devices designed or intended to digest biodegradable kitchen waste to be drained to the Sanitary Sewer System. (e)A Food Facility shall not connect any fixture or outdoor drainage to the City’s Storm Drain System except with permission from the Director. Part 5 Grease Control Device Requirements 16.13.140 Requirements for Installing or Replacing Exis ng Grease Control Devices Food Facili es shall install and operate a Grease Control Device and with required connected fixtures in compliance with the Palo Alto Regula ons for Food Facili es. 16.13.150 Grease Control Device Maintenance Requirements Grease Control Devices shall be maintained in accordance with the Palo Alto Regula ons for Food Facili es. Part 6 Roo op Grease Containment System Requirements 16.13.160 Requirements for Installing or Replacing Exis ng Roo op Grease Containment Systems Food Facili es shall install and maintain Roo op Containment systems in accordance with the Palo Alto Regula ons for Food Facili es. Part 7 Waste Oil Management Requirements 16.13.170 Waste Oil Storage Requirements for Food Facili es Food Facili es shall comply with the waste oil storage requirements in the Palo Alto Regula ons for Food Facili es. Docusign Envelope ID: 099ABC08-E62B-46E0-9FDF-CE0042AA36F0 0290174_20250422_ms29 15 16.13.180 Waste Oil Management and Maintenance Requirements for Food Facilies All Food Facilies that use and store Waste Oil Containers shall comply with the requirements in the Palo Alto Regulaons for Food Facilies. Part 8 Spill Response Requirements 16.13.190 Requirements for Fats, Oils, and Grease Spill Response Acvies Conducted at and Associated with Food Facilies Fats, Oils, and Grease spill response acvies conducted at and associated with Food Facilies shall comply with the Palo Alto Regulaons for Food Facilies. Part 9 Best Management Pracces for Exisng Facilies 16.13.200 Required Best Management Pracces for Exisng Facilies In addion to the Best Management Pracces required by Chapter 16.11 of the Palo Alto Municipal Code, Food Facilies shall implement BMPs in accordance with the Palo Alto Regulaons for Food Facilies. Part 10 Mobile Food Facili es 16.14.210 Mobile Food Facili es Mobile Food Facili es shall comply with requirements of the Santa Clara County Department of Environmental Health and applicable sec ons of the Palo Alto Regula ons for Food Facili es. Part 11 Food Facility Closure or Ownership Change 16.14.220 Food Facility Closure or Change of Ownership (a)Food Facili es shall be responsible for a final cleanout and shu ng down of opera ons of their Grease Control Device(s) upon closure of their business and shall adhere to the Palo Alto Regula ons for Food Facili es. (b)GCDs shall be cleaned in accordance with the Palo Alto Regula ons for Food Facili es at the me of Food Facility business closure, closure of the Building in which the Food Facility is located, or a change in ownership of the Food Facility. (c)A GCD that has been abandoned in place or has been otherwise discon nued from further use shall have the contents removed therefrom, and the bo om perforated and be completely filled with crushed rock, sand, controlled low strength material, concrete, or other material as approved by the Director. Subsequent Food Facili es shall be made Docusign Envelope ID: 099ABC08-E62B-46E0-9FDF-CE0042AA36F0 0290174_20250422_ms29 16 aware of the abandoned GCD and install a separate GCD that meets current requirements. (d)Building owners that occupy a space or Building with a Grease Control Device that is deemed out of compliance or was not adequately shut down when the previous Food Facility closed shall take responsibility for that device. Owners shall adhere to the Palo Alto Regula ons for Food Facili es. SECTION 3. If any sec on, subsec on, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining por on or sec ons of the Ordinance. The Council hereby declares that it would have adopted the Ordinance and each sec on, subsec on, sentence, clause or phrase thereof irrespec ve of the fact that any one or more sec ons, subsec ons, sentences, clauses or phrases be declared invalid. SECTION 4. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Sec on 15308 of the CEQA Guidelines, because it is an ac on taken by the City as a regulatory agency to assure the maintenance, restora on, enhancement, or protec on of the environment where the regulatory process involves procedures for protec on of the environment. // // // // // // // // // // // // Docusign Envelope ID: 099ABC08-E62B-46E0-9FDF-CE0042AA36F0 0290174_20250422_ms29 17 SECTION 5. This Ordinance shall be effecve on the thirty-first day aer the date of its adopon. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ City Aorney or Designee City Manager ____________________________ Director of Public Works SEPTEMBER 15, 2025 SEPTEMBER 29, 2025 BURT, LAUING, LU, LYTHCOTT-HAIMS, RECKDAHL, STONE, VEENKER Docusign Envelope ID: 099ABC08-E62B-46E0-9FDF-CE0042AA36F0 Certificate Of Completion Envelope Id: 099ABC08-E62B-46E0-9FDF-CE0042AA36F0 Status: Completed Subject: ORD 5672 - Food Facilities Requirements re. Water Pollution Prevention and Fats/Oils/Grease Source Envelope: Document Pages: 17 Signatures: 5 Envelope Originator: Certificate Pages: 2 Initials: 0 Christine Prior AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Christine.Prior@PaloAlto.gov IP Address: 165.225.242.87 Record Tracking Status: Original 9/30/2025 5:06:30 PM Holder: Christine Prior Christine.Prior@PaloAlto.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: Docusign Signer Events Signature Timestamp Madeleine Salah Madeleine.Salah@paloalto.gov Deputy City Attorney City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2601:645:c681:9a00:85fb:d58b:4dc3:1925 Sent: 9/30/2025 5:10:00 PM Viewed: 9/30/2025 5:29:17 PM Signed: 9/30/2025 5:34:13 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Brad Eggleston Brad.Eggleston@paloalto.gov Director of Public Works City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 9/30/2025 5:34:14 PM Viewed: 9/30/2025 5:41:52 PM Signed: 9/30/2025 5:42:04 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Ed Shikada Ed.Shikada@paloalto.gov Ed Shikada City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 9/30/2025 5:42:05 PM Viewed: 10/1/2025 1:40:45 PM Signed: 10/1/2025 1:40:51 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Ed Lauing Ed.Lauing@paloalto.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 212.185.66.17 Sent: 10/1/2025 1:40:52 PM Viewed: 10/2/2025 9:41:19 AM Signed: 10/2/2025 9:41:53 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Signer Events Signature Timestamp Mahealani Ah Yun Mahealani.AhYun@CityofPaloAlto.org Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2601:640:8e80:6e70:f08e:18ef:bc51:ee6b Sent: 10/2/2025 9:41:54 AM Resent: 10/17/2025 10:07:44 AM Viewed: 10/17/2025 3:03:27 PM Signed: 10/17/2025 3:04:15 PM Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/30/2025 5:10:00 PM Certified Delivered Security Checked 10/17/2025 3:03:27 PM Signing Complete Security Checked 10/17/2025 3:04:15 PM Completed Security Checked 10/17/2025 3:04:15 PM Payment Events Status Timestamps