HomeMy WebLinkAboutRESO 9636160502 jb 6053835 1
Resolution No. 9636
Resolution of the Council of the City of Palo Alto Amending Rule and
Regulation 25 (Special Storm and Surface Water Drainage Utility
Regulations)
R E C I T A L S
A. Rule and Regulation 25 (Special Storm and Surface Water Drainage Utility
B. On August 29, by its adoption of Resolution 9624, the City Council proposed a new
Storm Water
Drainage Fee, which will also be governed by the provisions of Rule and Regulation 25.
C. An update to Section 8(C) of Rule and Regulation 25 (Special Storm and Surface
Water Drainage Utility Regulations) is needed in order to exempt certain developed parcels
which do not impact City Storm Drainage Facilities from the Fee, and to
clarify how the Storm Drainage Fee applies to parcels which only partially drain into the City
Storm Drainage Facilities.
D. Pursuant to Chapter 12.20.010 of the Palo Alto Municipal Code, the Council of the
City of Palo Alto may by resolution adopt rules and regulations governing utility services, fees
and charges.
The Council of the City of Palo Alto hereby RESOLVES as follows:
SECTION 1. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility
Rule and Regulation 25 (Special Storm and Surface Water Drainage Utility Regulations) is hereby
amended as attached and incorporated. Utility Rule and Regulation 25, as amended, shall
become effective November 1, 2016.
SECTION 2.
Storm Drainage Fee. In the unintended event this Resolution would cause the Storm Drainage
Fee to increase (as that term is defined in Government Code Section 53750(h)(1)), it is the
intent of the City Council that the charge for that parcel continue to be calculated as if this
Resolution had not been adopted. The reservation set forth in this Section does not apply to
the Proposed Fee or to any fee that is approved in a mail ballot election conducted subsequent
to the approval of this Resolution.
SECTION 3. The adoption of this resolution amending Utility Rules and Regulations
does not meet the definition of a project for the purposes of the California Environmental
Quality Act, under Public Resources Code Section 21065 and CEQA Guidelines Section
DocuSign Envelope ID: D67D955F-C1E2-4271-BABB-1C8D9A87B000
160502 jb 6053835 2
15378(b)(5), because it is an administrative governmental activity which will not cause a direct
or indirect physical change in the environment.
INTRODUCED AND PASSED: October 24, 2016
AYES: BERMAN, BURT, FILSETH, HOLMAN, KNISS, SCHARFF, SCHMID, WOLBACH
NOES:
ABSENT: DUBOIS
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Senior Deputy City Attorney City Manager
Director of Utilities
Director of Administrative Services
DocuSign Envelope ID: D67D955F-C1E2-4271-BABB-1C8D9A87B000
SPECIAL STORM AND SURFACE WATER
DRAINAGE UTILITY REGULATIONS
RULE AND REGULATION 25
CITY OF PALO ALTO
UTILITIES RULES AND REGULATIONS
Issued by the City Council
Effective 11-1-2016 Sheet
No.1
A. GENERAL
For the purpose of City of Palo Alto Rate Schedule D-1 and this Rule and Regulation, the
following words and terms shall be defined as follows, unless the context in which they are used
clearly indicates otherwise. The definitions of words and terms set forth in Titles 12 and 13 of
the Palo Alto Municipal Code shall also apply herein to the extent that they are not inconsistent
herewith:
1.“Developed Parcel” shall mean any lot or parcel of land altered from its natural state by
the construction, creation, or addition of impervious area, except public streets and
highways.
2.“Equivalent Residential Unit (ERU)” shall mean the basic unit for the computation of
storm drainage fees.
The ERU’s for all parcels other than single-family residential properties shall be
computed to the nearest 1/10 ERU using the following formula:
Number of ERU = Impervious Area (Sq. Ft.)
2,500 Sq. Ft.
The ERU's for single-family Residential properties shall be computed as set forth in
CPAU Rate Schedule D-1.
3.“Impervious Area” shall mean any part of any developed parcel of 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.
By way of example, common impervious areas include, but are not limited to roof tops,
walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving,
gravel roads, or any cleared, graded, paved, graveled, or compacted surface or packed
(SGY7MKR)RZIPSTI-( (( *')&%&&' ( % &
SPECIAL STORM AND SURFACE WATER
DRAINAGE UTILITY REGULATIONS
RULE AND REGULATION 25
CITY OF PALO ALTO
UTILITIES RULES AND REGULATIONS
Issued by the City Council
Effective 11-1-2016 Sheet
No.2
earthen materials, or areas covered with structures or other surfaces which similarly
impede the natural infiltration of surface water into the soil mantle.
4.“Non-Single-Family Residential Property” shall include all developed parcels zoned or
used for multi-family, commercial, industrial, retail, governmental, or other non-single
family Residential purposes and shall include all developed parcels in the City of Palo
Alto not defined as single-family Residential property herein.
5. “Parcel” shall mean the smallest separately segregated lot, unit or plot of land having an
identified owner, boundaries, and surface area which is documented for property tax
purposes and given a Tax lot number by the Santa Clara County Assessor.
6.“Primary CPAU Account” shall mean that CPAU Account, as determined below, that
will be assessed the storm drainage fee for a given developed parcel:
a.If there is only one CPAU Account associated with a developed parcel, then that
Account is the Primary CPAU Account.
b.If there is more than one CPAU Account associated with a developed parcel, then
the Primary CPAU Account shall be the Account listed below, in order of
preference:
1.The CPAU Account designated as the “house Account” or, if none or
more than one, then;
2.The CPAU Account in the name of the owner of the parcel, or if none,
then;
3.The CPAU Account(s) in the name of the occupier(s) of the parcel.
4.If more than one Account, then the CPAU Account that includes the most
CPAU Services.
7.“Single-Family Residential Property” shall include all developed parcels with either one
or two single-family detached housing units or one two-unit attached dwelling structure
commonly known as a “duplex.”
(SGY7MKR)RZIPSTI-( (( *')&%&&' ( % &
SPECIAL STORM AND SURFACE WATER
DRAINAGE UTILITY REGULATIONS
RULE AND REGULATION 25
CITY OF PALO ALTO
UTILITIES RULES AND REGULATIONS
Issued by the City Council
Effective 11-1-2016 Sheet
No.3
8.“Storm and Surface Water Control Facilities” shall mean all man-made structures or
natural water course facility improvements, developments, properties or interest therein,
made, constructed or acquired for the conveyance of Storm or Surface Water Runoff for
the purpose of improving the quality of, controlling, or protecting life or property from
any storm, flood, or surplus waters.
9.“Storm Drainage Facilities” shall mean the storm and surface water drainage systems
comprised of storm and surface water control facilities and any other natural features
which store, control, treat and/or convey storm and surface water. Storm Drainage
Facilities shall include all natural and man-made elements used to convey storm water
from the first point of impact with the surface of the earth to the suitable receiving body
of water or location internal or external to the boundaries of the City of Palo Alto. Such
facilities include all pipes, appurtenant features, culverts, streets, curbs, gutters, pumping
stations, channels, streams, ditches, wetlands, detention/retention basins, ponds, and other
storm water conveyance and treatment facilities whether public or private. See CPAU
Rule and Regulation No. 8 “Access to Premises.”
10.“Storm and Surface Water” shall mean water occurring on the surface of the land, from
natural causes such as rainfall, whether falling or flowing onto the land in question.
11.“Undeveloped Parcel” shall mean any parcel which has not been altered from its natural
state by the construction, creation, or addition of impervious area.
B. STORM DRAINAGE FEES
1.There is hereby imposed on each and every developed parcel of land within the City of
Palo Alto, and the owners and occupiers thereof, jointly and severally, a Storm Drainage
fee. This fee is deemed reasonable and is necessary to pay for:
a.Improving the quality of storm and surface water;
b.The operation, maintenance, improvement and replacement of the existing City
storm drainage facilities; and
c.The operation, maintenance, and replacement of future such facilities.
(SGY7MKR)RZIPSTI-( (( *')&%&&' ( % &
SPECIAL STORM AND SURFACE WATER
DRAINAGE UTILITY REGULATIONS
RULE AND REGULATION 25
CITY OF PALO ALTO
UTILITIES RULES AND REGULATIONS
Issued by the City Council
Effective 11-1-2016 Sheet
No.4
It is the intent of the City of Palo Alto, and the City has calculated the storm drainage fee
in such a manner, that the amount of the fee imposed upon any parcel shall not exceed the
proportional cost of the service attributable to the parcel. It is the further intent of the
City that revenues derived from the fee shall not exceed the funds required to provide the
property-related Services described in this Rule and Regulation 25, and that revenues
derived from the fee shall not be used for any purpose other than those described in this
Rule and Regulation 25.
2.All of the proceeds of these fees are deemed to be in payment for use of City storm
drainage facilities by the developed parcel on, and with respect to, which the fee is
imposed, and the owners and/or occupiers thereof.
3.The storm drainage fee shall be payable monthly and shall be paid to CPAU, as billed by
CPAU, for each and every developed parcel in the City by the owner or occupier
responsible for the Primary CPAU Account for other CPAU Services for the subject
parcel, unless otherwise agreed in writing by CPAU.
The method of billing described in this Rule and Regulation 25 has been designed for
administrative efficiency. However, because the storm drainage fee is a "property-related
fee" as defined by Article XIIID, Section 6 of the California Constitution, a property
owner may in writing request that the storm drainage fee for a parcel owned by the
property owner be billed directly to the owner, notwithstanding the typical method of
billing. Because the storm drainage fee is a "property-related fee," the parcel owner shall
be responsible to pay all unpaid or delinquent storm drainage fees.
For administrative efficiency, the storm drainage fee for condominium and townhouse-
style developments is typically billed to the CPAU Account of the Homeowners'
Association.
4.If a developed parcel does not have a CPAU Account on the effective date of this Rule
and Regulation, a new Account shall be established for that parcel and billed to the owner
as shown on the latest County Assessor's property Tax rolls until such time as a Primary
CPAU Account is established for other CPAU Services.
5. When an undeveloped parcel is developed, a new Account shall be established and billed
to the owner of that parcel as shown on the latest property Tax rolls of the Santa Clara
(SGY7MKR)RZIPSTI-( (( *')&%&&' ( % &
SPECIAL STORM AND SURFACE WATER
DRAINAGE UTILITY REGULATIONS
RULE AND REGULATION 25
CITY OF PALO ALTO
UTILITIES RULES AND REGULATIONS
Issued by the City Council
Effective 11-1-2016 Sheet
No.5
County Assessor until such time as a Primary CPAU Account is established for other
CPAU Services.
6. BASIS FOR CALCULATION
a.The storm drainage fee shall be based on the relative contribution of Storm and
Surface Water from a given developed parcel to City storm drainage facilities.
b.The relative contribution of Storm and Surface Water from each developed parcel
shall be based on the amount of impervious area on that parcel and shall
determine that parcel’s storm drainage fee.
c.For administrative efficiency, the impervious area of condominium and
townhouse-style developments is typically calculated for the entire development
rather than on a per-parcel basis.
d. The extent of impervious area will be established to the nearest square foot by any
of the following methods:
1.Computation of the impervious area using on-site measurements of the
apparent outside boundaries of the impervious area in or on such
developed parcels made by CPAU or on its behalf; or
2. Computation of the impervious area using the dimensions of the
impervious area in or on the developed parcels which are set forth and
contained in the records of the office of the County Assessor.
3.Estimation, calculation and computation of the impervious area using
aerial photography or photogrammetry, or using the information and data
from on-site measurements of like or similar property or features or as
contained in City or County records.
4.Computation of the impervious area using information submitted by
building permit Applicants on forms provided by the City, subject to
review and correction by the City.
(SGY7MKR)RZIPSTI-( (( *')&%&&' ( % &
SPECIAL STORM AND SURFACE WATER
DRAINAGE UTILITY REGULATIONS
RULE AND REGULATION 25
CITY OF PALO ALTO
UTILITIES RULES AND REGULATIONS
Issued by the City Council
Effective 1-1-2016 Sheet
No.6
7. CALCULATION OF MONTHLY FEE
Monthly fees for all developed parcels shall be computed in accordance with the
following formula:
Number of ERU’s x Rate per ERU as set forth in CPAU Rate Schedule D-1.
8. APPLICATION
a.Developed Parcels: Storm drainage fees shall apply to all developed parcels
within the City, including those classified as non-profit or tax-exempt for ad
valorem Tax purposes. The fees shall apply to all government properties, to the
full extent permitted by the constitutions of the United States and the State of
California, including developed parcels of the City of Palo Alto, City-owned
buildings and parks, but excluding public streets and highways.
b.Undeveloped Parcels: Storm drainage fees shall not be levied against undeveloped
parcels that have not been altered from their natural state as defined herein under
“Impervious Areas.”
c.Parcels That Do Not Use The City’s Storm Drainage Facilities: Developed
parcels that have their own maintained storm drainage facility or facilities,
and which do not utilize City Storm Drainage Facilities or (ii) which make no
substantial contribution of Storm or Surface Water to the City’s Storm
Drainage Facilities shall be
a portion of their impervious area within City of Palo Alto shall be charged only
for that portion of impervious area which is in the City of Palo Alto.
(SGY7MKR)RZIPSTI-( (( *')&%&&' ( % &
SPECIAL STORM AND SURFACE WATER
DRAINAGE UTILITY REGULATIONS
RULE AND REGULATION 25
CITY OF PALO ALTO
UTILITIES RULES AND REGULATIONS
Issued by the City Council
Effective 11-1-2016 Sheet
No.7
Developed parcels that drain partially into an area outside the City of Palo Alto
shall be charged only for that portion of impervious area that drains into the City
of Palo Alto or City Storm Drainage Facilities.
The City of Palo Alto has calculated the storm drainage fee for each parcel based
on information available to the Public Works Department as to the amount of
impervious area for the parcel, as well as other relevant information regarding the
parcel. However, it is the intent of the City of Palo Alto that no fee shall exceed
the proportional cost of Services attributable to the parcel. Therefore, a parcel
owner has the right, through Administrative Review, to request a proportional
reduction in the storm drainage fee if the owner believes that the parcel
contributes less water to the City's Storm Drainage Facilities or uses fewer
storm or surface water treatment Services, notwithstanding the amount of the
parcel's impervious area.
9.ADMINISTRATIVE REVIEW
a.Any Person who owns or pays the storm drainage fee for a developed parcel and
who disputes the amount of any storm drainage fee for the parcel, or who requests
a deferred payment schedule therefor may request a revision or modification of
such fee from the City Engineer.
b.The Person seeking Administrative Review shall make such request in writing
pursuant to Rule and Regulation 11 Section H. The request for Administrative
Review must be signed by the property owner. The City Engineer shall conduct
the review.
c.The City Engineer shall review the request and all data and documentation
deemed by the City Engineer to be relevant to the request, and shall make a
written determination as to whether the fee for the parcel exceeds the proportional
(SGY7MKR)RZIPSTI-( (( *')&%&&' ( % &
SPECIAL STORM AND SURFACE WATER
DRAINAGE UTILITY REGULATIONS
RULE AND REGULATION 25
CITY OF PALO ALTO
UTILITIES RULES AND REGULATIONS
Issued by the City Council
Effective 11-1-2016 Original
Sheet No. 8
cost of the service attributable to the parcel. If the City Engineer determines that
the fee is proportional to the cost of service, no adjustment shall be made. If the
City Engineer determines that the fee exceeds the proportional cost of service, the
fee shall be adjusted accordingly.
(END)
(SGY7MKR)RZIPSTI-( (( *')&%&&' ( % &
'IVXMJMGEXI3J'SQTPIXMSR
)RZIPSTI-H (( *')&%&&' ( % & 7XEXYW 'SQTPIXIH
7YFNIGX 4PIEWI(SGY7MKRXLIWIHSGYQIRXW 6)73 %HSTXMRK6YPI7XSVQ(VEMR(VEJX THJ6)73
7SYVGI)RZIPSTI
(SGYQIRX4EKIW 7MKREXYVIW )RZIPSTI3VMKMREXSV
'IVXMJMGEXI4EKIW -RMXMEPW /MQ0YRX
%YXS2EZ )REFPIH
)RZIPSTI-H7XEQTMRK )REFPIH
8MQI>SRI 98'
4EGMJMG8MQI 97
'EREHE
,EQMPXSR%ZI
4EPS%PXS'%
OMQFIVP]PYRX$GMX]SJTEPSEPXSSVK
-4%HHVIWW
6IGSVH8VEGOMRK
7XEXYW 3VMKMREP
41
,SPHIV /MQ0YRX
OMQFIVP]PYRX$GMX]SJTEPSEPXSSVK
0SGEXMSR (SGY7MKR
7MKRIV)ZIRXW 7MKREXYVI 8MQIWXEQT
%Q]&EVXIPP
%Q]&EVXIPP$'MX]SJ4EPS%PXSSVK
7IRMSV(ITYX]'MX]%XXSVRI]
'MX]SJ4EPS%PXS
7IGYVMX]0IZIP )QEMP%GGSYRX%YXLIRXMGEXMSR
2SRI
9WMRK-4%HHVIWW
7IRX 41
:MI[IH 41
7MKRIH 41
)PIGXVSRMG6IGSVHERH7MKREXYVI(MWGPSWYVI
%GGITXIH %1
-( H IGFHIJ G HIE
0EPS4IVI^
0EPS4IVI^$'MX]SJ4EPS%PXSSVK
'LMIJ*MRERGMEP3JJMGIV
'MX]SJ4EPS%PXS
7IGYVMX]0IZIP )QEMP%GGSYRX%YXLIRXMGEXMSR
2SRI
9WMRK-4%HHVIWW
7IRX 41
:MI[IH 41
7MKRIH 41
)PIGXVSRMG6IGSVHERH7MKREXYVI(MWGPSWYVI
2SX3JJIVIHZME(SGY7MKR
-(
)H7LMOEHE
IHWLMOEHE$GMX]SJTEPSEPXSSVK
%WWMWXERX'MX]1EREKIV
'MX]SJ4EPS%PXS
7IGYVMX]0IZIP )QEMP%GGSYRX%YXLIRXMGEXMSR
2SRI
9WMRK-4%HHVIWW
7MKRIHYWMRKQSFMPI
7IRX 41
:MI[IH %1
7MKRIH %1
)PIGXVSRMG6IGSVHERH7MKREXYVI(MWGPSWYVI
2SX3JJIVIHZME(SGY7MKR
-(
.EQIW/IIRI
NEQIWOIIRI$GMX]SJTEPSEPXSSVK
'MX]1EREKIV
'MX]SJ4EPS%PXS
7IGYVMX]0IZIP )QEMP%GGSYRX%YXLIRXMGEXMSR
2SRI
9WMRK-4%HHVIWW
7IRX %1
:MI[IH %1
7MKRIH %1
)PIGXVSRMG6IGSVHERH7MKREXYVI(MWGPSWYVI
%GGITXIH 41
-( JIEE GFFH EG I
7MKRIV)ZIRXW 7MKREXYVI 8MQIWXEQT
4EXVMGO&YVX
TEXVMGOFYVX$GMX]SJTEPSEPXSSVK
1E]SV
'MX]SJ4EPS%PXS
7IGYVMX]0IZIP )QEMP%GGSYRX%YXLIRXMGEXMSR
2SRI
9WMRK-4%HHVIWW
7IRX %1
:MI[IH 41
7MKRIH 41
)PIGXVSRMG6IGSVHERH7MKREXYVI(MWGPSWYVI
2SX3JJIVIHZME(SGY7MKR
-(
&IXL1MRSV
&IXL1MRSV$'MX]SJ4EPS%PXSSVK
'MX]'PIVO
'MX]SJ4EPS%PXS
7IGYVMX]0IZIP )QEMP%GGSYRX%YXLIRXMGEXMSR
2SRI
9WMRK-4%HHVIWW
7IRX 41
:MI[IH 41
7MKRIH 41
)PIGXVSRMG6IGSVHERH7MKREXYVI(MWGPSWYVI
2SX3JJIVIHZME(SGY7MKR
-(
-R4IVWSR7MKRIV)ZIRXW 7MKREXYVI 8MQIWXEQT
)HMXSV(IPMZIV])ZIRXW 7XEXYW 8MQIWXEQT
%KIRX(IPMZIV])ZIRXW 7XEXYW 8MQIWXEQT
-RXIVQIHMEV](IPMZIV])ZIRXW 7XEXYW 8MQIWXEQT
'IVXMJMIH(IPMZIV])ZIRXW 7XEXYW 8MQIWXEQT
'EVFSR'ST])ZIRXW 7XEXYW 8MQIWXEQT
2SXEV])ZIRXW 8MQIWXEQT
)RZIPSTI7YQQEV])ZIRXW 7XEXYW 8MQIWXEQTW
)RZIPSTI7IRX ,EWLIH)RGV]TXIH 41
'IVXMJMIH(IPMZIVIH 7IGYVMX]'LIGOIH 41
7MKRMRK'SQTPIXI 7IGYVMX]'LIGOIH 41
'SQTPIXIH 7IGYVMX]'LIGOIH 41
)PIGXVSRMG6IGSVHERH7MKREXYVI(MWGPSWYVI