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.
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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:
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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
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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
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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.
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(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;
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(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
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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
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(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
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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
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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.
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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
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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.
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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.
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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.
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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
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Signed: 9/30/2025 5:34:13 PM
Electronic Record and Signature Disclosure:
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Brad Eggleston
Brad.Eggleston@paloalto.gov
Director of Public Works
City of Palo Alto
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(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
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Ed Shikada
Ed.Shikada@paloalto.gov
Ed Shikada
City of Palo Alto
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Using IP Address: 199.33.32.254
Sent: 9/30/2025 5:42:05 PM
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Signed: 10/1/2025 1:40:51 PM
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Ed Lauing
Ed.Lauing@paloalto.gov
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(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
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Signer Events Signature Timestamp
Mahealani Ah Yun
Mahealani.AhYun@CityofPaloAlto.org
Security Level: Email, Account Authentication
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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
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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
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