HomeMy WebLinkAboutRESO 9129Resolution No. 9129
Resolution of the Council of the City of Palo Alto Amending
the Fiscal Year 2011 Municipal Fee Schedule to Reduce Plan
Check Fees For Land Development Projects Subject to Palo
Alto Municipal Code Chapter 16.11
WHEREAS, in 2001, the San Francisco Bay Regional Water Quality Control
Board (Regional Board) identified land development activity as a significant potential pollutant
source in the region, threatening the water quality in local creeks and San Francisco Bay; and
WHEREAS, on May 13,2003, the City Council adopted a storm water pollution
prevention ordinance that required projects that create or replace one acre or more of impervious
surface to incorporate treatment measures and other appropriate source control and site design
measures into projects to reduce pollutant discharges to the maximum extent practicable; and
WHEREAS, the Regional Board imposed stricter land development controls in
each subsequent permit issuance in an effort to further minimize the impacts of development
activity on area waterways; and
WHEREAS, the Municipal Regional Permit (MRP) specified programs and
measures to be conducted by local agencies to minimize storm water pollution over the next five
years; and
WHEREAS, Ordinance No. 5112 (Attachment A), adopted by the Council on
January 10, 2011, modified the City's existing storm water pollution prevention regulations once
again in order to comply with the new provisions of the MRP, with the most significant change
being the new requirement that regulated projects utilize Low Impact Development (LID)
measures to treat storm water runoff beginning in December 2011; and
WHEREAS, staff proposes a new requirement mandating that permit applicants
for regulated projects have the design of their storm water treatment measures reviewed and
certified by an approved third-party engineering professional and that the installed treatment
measures be inspected, by a third-party to certify that the measures have been installed in
accordance with the approved plans; and
WHEREAS, the new requirements will ease the workload burden on Public
Works staff and provide permit applicants with a higher degree of control over the permit review
process; and
WHEREAS, staff proposed lowering the plan check fee for projects subject to
Palo Alto Municipal Code Chapter 16.11 from $800 to $350.
NOW, THEREFORE, the Council of the City of Palo Alto does resolve as
follows:
101119 jb 0130644 1
Ordinance No. 5112
Ordinance of the Council of the City of Palo Alto Amending
Chapter 16.11 of Title 16 of the Palo Alto Municipal Code
Pertaining to Stormwater Pollution Prevention Measures
WHEREAS the California Regional Water Quality Control Board, San Francisco
Bay Region issued a Municipal Regional Stormwater Permit (Order R2-2009-0074; NPDES
Permit No. CAS612008) to the City of Palo Alto;
WHEREAS, the new NPDES Permit requires cities to implement a series of
stormwater pollution prevention measures over a three year phased period ending December 1,
2012;
WHEREAS, the City has a longstanding practice of regulating stormwater pollution
prevention and these regulations are currently codified in Chapter 16.11 of the Palo Alto
Municipal Code;
WHEREAS, the City's existing regulations were sufficient to address the NPDES
permit measures that went into effect immediately, but the permit requires the City of Palo Alto
to implement additional stormwater pollution prevention measures by December 1, 2011 and
others by December 1,2012;
NOW, THEREFORE, the Council of the City of Palo Alto does ORDAIN as
follows:
SECTION 1. Section 16.11.020 of Chapter 16.11 of Title 16 of the Palo Alto
Municipal Code is hereby amended to read, as follows:
"16.11.020 Def"mitions.
The following words and phrases, whenever used in this chapter, have the meanings
as set forth below:
(a) "Development Project" means any private or public project under the planning
and building authority of the city that creates 10,000 square feet or more of impervious surface
collectively over the entire project site, including but not limited to roof area, parking lots, and
other hardscape associated with commercial, industrial, residential subdivision, mixed-use, and
public land development projects. 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. The following development shall not constitute a Development Project:
(1) An individual detached 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.
101019 jb 0130617 1
(b) "High hnpact Project" means a project that falls into one of the categories listed
below and that creates andlor replaces 5,000 square feet or more of impervious surface
collectively over the entire project site.
(1) High Impact Categories. This category includes development projects of the
following four types on public or private land that fall under the planning and building authority
of the city:
(A) Auto service facilities, described by the following Standard
Industrial Classification (SIC) Codes: 5013, 5014, 5541, 7532-7534, and 7536-7539;
(B) Retail gasoline outlets;
(C) Restaurants (SIC Code 5812); or
(D) Uncovered parking lots that are stand-alone or part of any other
development project. This category includes the top uncovered portion of parking structures
unless drainage from the uncovered portion is connected to the sanitary sewer along with the
covered portions of the parking structure.
(2) Exceptions. The following development types shall not constitute a High
hnpact Project:
(A) Interior remodels;
(B) Routine maintenance or repair, such as roof or exterior wall
surface replacement and pavement resurfacing within the existing
footprint.
(3) Partial Development. High hnpact Projects that result in an increase of, or
replacement of, more than fifty percent of the impervious surface of a previously existing
development that was not subject to this Chapter 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.
High Impact Projects that result in an increase of, or replacement of, fifty percent
or less of the impervious surface of a previously existing development that was not subj ect to this
Chapter 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 proj ect.
(c) "Hydromodification Management Measures" means an approved combination of
on-site, off-site, and in-stream control measures incorporated into specified development projects
and significant redevelopment projects in order to reduce stormwater runoff so as to not cause an
increase in the erosion potential of the receiving stream over the pre-project condition, in
accordance with· and as required by Order No. R2-2009-0074 under NPDES Pennit No.
CAS612008 issued by the California Regional Water Quality Control Board, San Francisco Bay
Region (the "Water Board"), as it may be amended fro~ time to time.
101019 jb 0130617 2
(d) "Impervious Surface" means land that has been modified by the action of persons
to reduce the land's natural ability to absorb and hold rainfall. This includes any hard surface area
which either prevents or retards the entry of water into the soil 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 under
natural conditions pre-existent to development. Impervious surfaces include, but are not limited
to, rooftops, pavement, sidewalks, walkways, patios, driveways, and parking lots where such
surfaces are not constructed with pervious materials and/or are not designed to have zero
stormwater discharge;
(e) "Infiltration Device" means any structure that is deeper than wide and designed
to infiltrate stormwater into the subsurface and, as designed, bypass the natural groundwater
protection afforded by surface soil. Infiltration devices include dry wells, injection wells, and
infiltration trenches (includes french drains).
(f) "Low Impact Development (LID) Measures" means an approved combination
of source control measures, site design measures, and/or stormwater treatment measures that
reduce runoff and mimic a site's predevelopment hydrology by minimizing disturbed areas and
impervious cover and then infiltrating, storing, detaining, evapotranspiring, and/or biotreating
stormwater runoff close to its source. LID Measures embody principles such as preservation and
recreation of natural landscape features and minimization of imperviousness to create functional
and appealing site drainage that treats stormwater as a resource, rather than a waste product. LID
Measures include rain barrels and cisterns, green roofs, permeable pavement, preservation of
undeveloped open space, and biotreatment through rain gardens, bioretention units, bioswales,
and planter/tree boxes. The design and implementation of the LID Measures must be in.
accordance with the guidelines and technical specifications provided by the city or other city-
approved authority and the requirements of Order No. R2-2009-0074 and any subsequent orders.
(g) "Permanent Stormwater Pollution Prevention Measures" or "PSPPM" means an
approved 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. R2-2009-0074 under NPDES Permit No. CAS612008 issued by the Water
Board, as it may be amended from time to time. The design and implementation of the PSPPM
must be in accordance with the guidelines and technical specifications provided by the city or
other city-approved authority and the requirements of Order No. R2-2009-0074 and any
subsequent orders.
(h) "Significant Redevelopment Project" means any private or public project under
the planning and building authority of the city that creates 10,000 square feet or more of
additional or replacement impervious surface collectively over the entire project site, including
roof area, parking lots, and other hardscape associated with commercial, industrial, residential
subdivision, mixed-use, and public land development projects. Redevelopment is any land-
disturbing activity that results in the creation, addition, or replacement of exterior impervious
surface area on a site on which some past development has occurred.
(1) Exceptions. The following redevelopment shall not constitute a Significant
Redevelopment Project:
(A) Interior remodels;
101019 jb 0130617 3
(B) Routine maintenance or repair including, but not limited to, roof or
exterior surface replacement, or pavement resurfacing within the existing pavement footprint; or
(C) An individual detached single-family home, which is notpart of a
larger common plan of redevelopment, that is designed with appropriate source control and site
design measures.
(2) Partial redevelopment. Significant Redevelopment Projects that result in an
increase of, or replacement of, more than fifty percent of the impervious surface of a previously
existing development that was not subject to this Chapter shall include Pennanent Stormwater
Pollution Prevention Measures sufficient to reduce water quality impacts of stonnwater runoff
from the entire site for the life of the project.
Significant Redevelopment Projects that result in an increase of, or replacement
of, fifty percent or less of the impervious surface of a previously existing development that was
not subject to this Chapter 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.
(i) "Road Project" means a project to construct new streets or roads, including
sidewalks and bicycle lanes built as part of the new streets or roads, that creates 10,000 square
feet or more of newly constructed contiguous impervious surface and that falls under the
building and planning authority of the city.
The following projects are not considered Road Projects for the purposes of this
Chapter:
(1) Sidewalks built as part of new streets or roads and built to direct stonnwater
runoff to adjacent vegetated areas. .
(2) Bicycle lanes that are built as part of new streets or roads but are not
hydraulically connected to the new streets or roads and that direct stonnwater runoff to adjacent
vegetated areas.
(3) Sidewalks, bicycle lanes, or trails constructed with permeable surfaces
(includes pervious concrete, porous asphalt, penneable concrete unit pavers, and granular
materials).
(4) Caltrans highway projects and associated facilities.
G) "Site Design Measures" means any project design features that reduce stonnwater
pollution by decreasing or slowing stonnwater runoff or intercepting the flow of runoff across a
series of contiguous impervious surfaces.
(k) "Source Control Measures" means any project design features that aim to prevent
stormwater pollution by eliminating or reducing the potential for contamination at the source of
pollution.
101019 jb 0130617 4
(1) "Stormwater Treatment Measures" means any engineered system designed to
remove pollutants from stormwater by simple gravity settling of particulate pollutants, filtration,
biological uptake, media adsorption or any other physical, biological, or chemical process.
(m) "Street Widening" means widening of existing streets or roads with additional
traffic lanes.
(1) Where the addition of traffic lanes results in an alteration of more than 50
percent of the impervious surface of an existing street or road that was not subject to this
Chapter, the entire project, consisting of all existing, new, and/or replaced impervious surfaces,
must be included in the treatment system design.
(2) Where the addition of traffic lanes results in an alteration of less than 50
percent of the impervious surface of an existing street or road that was not subject to this
Chapter, only the new and/or replaced impervious surface of the project must be included in the
treatment system design. However, if the stormwater runoff from the existing traffic lanes and
the added traffic lanes cannot be separated, any onsite treatment system must be designed and
sized to treat stormwater runoff from the entire street or road.
(n) "Trail Project" means a project to construct new impervious trails greater than
10-feet wide or creekside trails (within 50 feet of the top of bank) that creates 10,000 square feet
or more of newly constructed contiguous impervious surface and that falls under the building and
planning authority of the city.
The following projects are not considered Trail Projects for the purposes of this
Chapter:
(1) Impervious trails built to direct stormwater runoff to adjacent vegetated areas,
or other non-erodible permeable areas, preferably away from creeks or towards the outboard side
of levees.
(2) Sidewalks, bicycle lanes, or trails constructed with permeable surfaces (includes pervious
concrete, porous asphalt, unit pavers, and granular materials)."
SECTION 2. Section 16.11.030 of Chapter 16.11 of Title 16 of the Palo Alto
Municipal Code is hereby amended to read, as follows:
"16.11.030 Permanent stormwater pollution prevention measures
required.
(a) PermanentStormwater Pollution Prevention Measures shall be incorporated into
the following projects (collectively referred to sometimes in this Chapter as "Regulated
Projects"):
(1) All Development Projects;
(2) All Significant Redevelopment Projects;
101019 jb 0130617 5
(3) All Road Projects;
(4) Effective December 1,2011, all High Impact Projects;
(5) Effective December 1,2011, all Trail Projects;
(6) Effective December 1,2011, all Street Widening Projects.
(b) Any Permanent Stormwater Pollution Prevention Measure required by this
section must be in effect during the entire life of the project.
(c) Effective December 1, 2011, unless the project is exempt as a special project
pursuant to administrative guidelines adopted by the city engineer and approved by the Water
Board, all Permanent Stormwater Pollution Prevention Measures shall include the following Low
Impact Development (LID) Measures or other alternative measures to be approved by the city
engineer:
(1) Source Control Requirements
(A) Minimization of stormwater pollutants of concern in urban runoff
through measures that may include plumbing of the following discharges to the sanitary sewer,
subject to the city's authority and standards as contained in Chapter 16.09:
(i) Discharges from indoor floor matlequipmentlhood filter wash racks
or covered outdoor wash racks for restaurants;
(ii) Dumpster drips from covered trash, food waste and compactor
enclosures;
(iii)Discharges from covered outdoor wash areas for vehicles, equipment,
and accessories;
(iv)Swimming pool water, if discharge to onsite vegetated areas is not a
feasible option; and
(v) Fire sprinkler test water, if discharge to onsite vegetated areas is not
a feasible option;
(B) Properly designed covers, drains, and storage precautions for
outdoor material storage areas, loading docks, repair/maintenance bays, and fueling areas;
(C) Properly designed trash storage areas;
(D) Landscaping that minimizes irrigation and runoff, promotes
surface infiltration, minimizes the use of pesticides and fertilizers, and incorporates other
appropriate sustainable landscaping practices and programs such as Bay-Friendly
Landscaping;
101019 jb 0130617
(E)
(F)
Efficient irrigation systems; and
Storm drain system stenciling or signage.
6
(2) Site Design and Stormwater Treatment Requirements
(A) Minimization of disturbances of natural water bodies and drainage
systems; minimization of compaction of highly permeable soils; protection of slopes and
channels; and minimization of impacts from stormwater and urban runoff on the biological
integrity of natural drainage systems and water bodies;
(B) Conservation of natural areas, including existing trees, other
vegetation, and soils;
(C) Minimization of impervious surfaces;
(D) Minimization of disturbances to natural drainages;
(E) Minimization of stormwater runoff by implementation of one or
more of the following site design measures:
• Direct roof runoff into cisterns or rain barrels for reuse.
• Direct roof runoff onto vegetated areas.
• Direct runoff from sidewalks, walkways, andlor patios onto
vegetated areas.
• Direct runoff from driveways andlor uncovered parking lots onto
vegetated areas.
• Construct sidewalks, walkways, andlor patios with permeable
surfaces.
• Construct driveways, bike lanes, andlor uncovered parking lots
with permeable surfaces.
(F) Treatment of 100% of the amount of runoff identified in Section
(d) below for the Regulated Project's drainage area with LID treatment measures onsite or with
LID treatment measures at a joint stormwater treatment facility.
(i) LID treatment measures are harvesting and re-use, infiltration,
evapotranspiration, or biotreatment.
(ii) A properly engineered and maintained biotreatment system may be
considered only if it is infeasible to implement harvesting and re-use, infiltration, or
evapotranspiration at a project site.
(iii) Infeasibility to implement harvesting and re-use, infiltration, or
evapotranspiration at a project site shall be determined in accordance with criteria approved by
, the Water Board and the city engineer.
(iv) Biotreatment systems shall be designed to have a surface area no
. smaller than what is required to accommodate a 5 incheslhour stormwater runoff surface loading
rate. The planting and soil media for biotreatment systems shall be designed to sustain plant
growth and maximize stormwater runoff retention and pollutant removal and shall conform to
material specifications approved by the Water Board and the city engineer.
(v) Green roofs may be considered biotreatment systems for treatment of
roof runoff only if they conform to specifications approved by the Water Board and the city
engineer.
101019 jb 0130617 7
(d) Stormwater treatment measures proposed as part of a project's Pennanent
Stormwater 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:
(A) 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 Quality 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
(B) 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.
(2) Flow Hydraulic Design Basis. Stormwater treatment measures whose primary
mode of action depends on flow capacity, such as swales, sand filters, or wetlands, shall be sized
to treat:
(A) Ten percent of the 50-year peak flow rate; or
(B) The flow of runoff produced by a rain event equal to at least two
times the 85th percentile hourly rainfall intensity for the applicable area, based on historical
records of hourly rainfall depths; or
(C) The flow of runoff resulting from a rain event equal to at least 0.2
inches per hour intensity.
(3) Combination Flow and Volume Design Basis Treatment systems that use a
combination of flow and volume capacity shall be sized to treat at least 80 percent of the total
runoff over the life of the project, using local rainfall data.
(e) All plans and construction are subject to inspection and approval by the city
engineer.
(f) Compliance with Chapter. Prior to the issuance of a building permit or other
discretionary permit for a Regulated Project, the project applicant shall submit a certification by
a qualified third party reviewer acceptable to the city that the design of the project complies with
the requirements of this Chapter. In addition, no final occupancy permit shall be issued without
the written certification by a qualified third party reviewer acceptable to the city that a Regulated
Project was constructed or installed in accordance with the approved plans. The third party
reviewer must be a Civil Engineer, Licensed Architect or Landscape Architect registered in the
State of California, or staff of another Permittee subject to the requirements of the current
NPDES permit issued to the City and must have current training on stormwater treatment system
101019 jb 0130617 8
design for water quality. Any consultant or contractor hired to design and/or construct a
stonnwater treatment system for a Regulated Project shall not perfonn the third party review for
said project. Such certifications shall be in the fonn prescribed by the city engineer and shall not
be issued without payment of all applicable fees which may be imposed for administration of this
chapter. At the City's sole election, the city engineer may provide any of the certifications
required by this section."
. SECTION 3. Section 16.11.031 of Chapter 16.11 of Title 16 of the Palo Alto
Municipal Code is hereby amended to read, 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. Projects located in areas designated as exempt from hydromodification
management requirements on the Hydromodification Management Plan Applicability Map
contained in Attachment F of Order No. R2-2009-0074 under NPDES Permit No. CAS612008
issued by the Water Board, as it may be amended from time to time.
(b) Hydromodification management measures shall be designed and implemented in
accordance with guidelines and technical specifications provided by the city or other city-
approved authority, the requirements of Order No. R2-2009-0074 under NPDES Permit No.
CAS612008 issued by the Water 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 Water Board.
(c) All hydromodification management measures are subject to inspection and
approval by the city engineer.~
SECTION 4. Section 16.11.034 of Chapter 16.11 of Title 16 of the Palo Alto
Municipal Code is hereby added to read, as follows:
"16.11.034 Limitations on Use of IntUtration Devices.
Any Permanent Stonnwater Pollution Prevention Measure (PSPPM) which functions primarily
as an Infiltration Device shall be designed such that:
(a) Appropriate pollution prevention and source control measures are implemented
to protect groundwater at the project site, including the inclusion of a minimum of two feet of
suitable biotreatment media soil to achieve a maximum 5 incheslhour infiltration rate for the
infiltration system;
101019 jb 0130617 9
(b) Adequate maintenance is provided to maximize pollutant removal capabilities;
( c) The vertical distance from the base of any Infiltration Device to the seasonal high
groundwater mark is at least 10 feet (or an alternative larger distance if the site is determined by
the city engineer to be a high-risk site);
(d) Unless stormwater is first treated by a method other than infiltration, Infiltration
Devices are not approved as treatment measures for runoff from areas of industrial or light
industrial activity; areas subject to high vehicular traffic (i.e., 25,000 or greater average daily
traffic on a main roadway or 15,000 or more average daily traffic on any intersecting roadway);
automotive repair shops; commercial car washes; fleet storage areas; nurseries; and other land
uses that pose a high threat to water quality;
( e) Infiltration Devices are not placed in the vicinity of known soil or groundwater
contamination sites unless it has been demonstrated that increased infiltration will not increase
leaching of contaminants from soil, alter groundwater flow conditions affecting contaminant
migration in groundwater, or adversely affect remedial activities; and
(f)Infiltration Devices are located a minimum of 100 feet (or an alternative larger
distance if the site is determined by the city engineer to be a high-risk site) horizontally away
from any known water supply wells, septic systems, and underground storage tanks with
hazardous materials."
SECTION 5. Section 16.11.036 of Chapter 16.11 of Title 16 of the Palo Alto
Municipal Code is hereby added to read, as follows:
"16.11.036 Required Site Design Measures for Small Projects and Detached
Single-Family Home Projects
(a) Effective December 1,2012, any private or public project under the planning and
building authority of the city which creates and/or replaces between 2,500 square feet and 10,000
square feet of impervious surface, and detached single-family home projects which are not part
of a·larger plan of development which create and/or replace 2,500 square feet or more of
impervious surface, shall install one or more of the following site design measures:
• Direct roof runoff into cisterns or rain barrels for reuse.
• Direct roof runoff onto vegetated areas.
• Direct runoff from sidewalks, walkways, and/or patios onto vegetated
areas.
• Direct runoff from driveways and/or uncovered parking lots onto
vegetated areas.
• Construct sidewalks, walkways, patios, driveways, bike lanes, and/or
uncovered parking lots with permeable surfaces (includes pervious
concrete, porous asphalt, permeable concrete unit pavers, and granular
materials). "
101019jb0130617 10