HomeMy WebLinkAboutStaff Report 258-09TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: JUNE 8, 2009 CMR:258:09
REPORT TYPE: PUBLIC HEARING
SUBJECT: Adoption of an-Ordinance Amending Section 16.28.080 (Specific Exemptions) of
Title 16 (Building Regulations) of the Palo Alto Municipal Code to Require
Excavation and Grading Permits for Basements and Below-grade Parking
Structures
RECOMMENDATION
Staff recommends that Council adopt an amendment to the Grading Ordinance to require excavation
and grading permits for basements and below-grade parking structures.
BACKGROUND
Palo Alto Municipal Code (P AMC) Section 16.28 governs grading, erosion and sediment control for
construction projects and Section 16.28.080 defines the specific exemptions to this section, including
an exemption for excavations under the footprint of a building. Since the time when this section was
adopted, home and land values have increased. Accordingly, many new homes and commercial
developments now include basements and/or below-grade parking structures in an effort to maximize
usable space.
DISCUSSION
Under the current code, excavations under the footprint of a structure are authorized by a building
permit and, therefore, are exempt from obtaining an excavation and grading permit. However, the
Public Works Department still inspects and monitors the storm water pollution prevention plan,
traffic control, logistics and the integrity of the right-of-way throughout the excavation just as they
do for a project that requires an excavation and grading permit.
The adoption of this code amendment will codifY Public Work's current practice of inspecting and
monitoring these types of excavations. Further this amendment will allow the Public Works
Department to recover the costs associated with inspecting and monitoring projects which include
excavations under the. footprint of proposed. structures. Public Works inspects grading and
excavation activities for storm water pollution prevention compliance, street tree impacts, tree
protection status, traffic/pedestrian plans, and impacts to the right-of-way (sidewalks and streets) as
well as monitoring potential safety issues. Excavations required for the footings of buildings,
retaining walls, and other structures will remain exempt from the excavation and grading permit
requirement. The current excavation and grading permit fee will remain unchanged.
CMR:258:09 Page 10f3
Staff is aware that there are a number of other issues of concern regarding basements, particularly
related to residential basements, including greenhouse gas emissions, dewatering and tree impacts.
A separate discussion of these concerns is tentatively scheduled for the July 29,2009 Planning and
Transportation Commission meeting, and any related ordinance amendments designed to address
such impacts would be forwarded at a later date to the City Council.
RESOURCE IMPACT
The revenues generated by issuing excavation and grading permits for basement and below-grade
parking structures will compensate Public Works for the staff time that is already devoted to
monitoring these projects. The number of basements and below-grade parking garages will vary
greatly from year to year. The estimated number of permits issued annually is approximately 30 and
the average fee per permit is approximately $1000. Permit fees are based on the current unchanged
grading permit fee and will vary depending upon the volume of soil being excavated. The permit fee
for a typical residential home excavating for a 1500 square foot basement would be approximately
$900. However, based on recent projects, staff estimates the average revenues generated each year
will be:
Residential basements:
Parking garages:
Total
POLICY IMPLICATIONS
$20,000
$10,000
$30,000
The Proposed Ordinance amendment is consistent with the Comprehensive Plan.
ENVIRONMENTAL REVIEW
This amendment to the grading ordinance does not change the environmental review of projects. It
simply changes the permitting requirements for basements and below-grade parking structures.
ATTACHMENTS
Attachment A: Draft Ordinance Amending Section 16.28.080 of Title 16 of the PAMC.
Copies of this report CMR:258:09 and attachments may be viewed on-line at
http://www.cityofpaloalto.orglknowzone/agendas/council.asp.
PREPARED BY:
DEPARTMENT HEAD:
CMR:258:09
Supervising Project Engineer
/!L A· Xh-----= GLENN S. ROBERTS
Director of Public Works
Page 2 of3
CITY MANAGER APPROVAL:
cc: Phil Bobel
CMR:258:09 Page 3 of3
follows:
ATTACHMENT A
NOT YET APPROVED
Ordinance No. ----
Ordinance of the Council of the City of Palo Alto Amending
Section 16.28.080 (Specific Exemptions) of Title 16 (Building
Regulations) of the Palo Alto Municipal Code to Require
Excavation and Grading Permits for Basements and Below-
Grade Parking Structures
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as
(a) In the time since Section 16.28.080 of the City of Palo Alto Municipal Code
(P AMC) was adopted, land and home values on the peninsula and, in particular Palo Alto, have
significantly increased. In an effort to maximize floor area ratio (FAR) and maximize return,
nearly every new home and many commercial developments include basements and/or below
grade parking structures. This trend continues despite fluctuating economic conditions;
(b) Currently, these types of excavations are exempt from grading permit requirement
but they still result in a significant expenditure of staff time. Inspection and monitoring of storm
water pollution prevention measures (SWPP), traffic control, monitoring logistics, and ROW
integrity are a few of the items that the City'S Public Works Department must inspect and
monitor throughout the excavation and foundation activities;
( c) This ordinance will amend the P AMC to ensure that below grade excavations for
purposed of basements and below grade parking structures are no longer exempt from permit
fees and that staff time spent processing such excavations will be subject to permit fees.
SECTION 2. Section 16.28.080 (Specific Exemptions) is amended to read as
follows:
16.28.080 Specific Exemptions
Sections 16.28.060 and 16.28.070(a) -(1) notwithstanding, the following activities are
exempt from the permit requirements of this chapter.
(a) An excavation below finished grade for basements and the footing of a building,
retaining wall, or other structure authorized by a valid building permit, excluding basements and
. below grade parking structures. This shall not exempt any fill made with the material from such
excavation nor shall it exempt any excavation having an unsupported depth greater than five feet
after the completion of the structure.
(b) Cemetery graves.
(c) Refuse disposal sites controlled by other regulations.
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NOT YET APPROVED
(d) Excavations for wells, sanitary sewers, water pipes, natural gas pipes, and
electrical/communications conduits or cables. However, when such excavation is performed
within a public utility easement, an encroachment permit is required.
(e) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel,
aggregate, or clay, where authorized and regulated by law, provided such operations do not
affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous
property.
(t) Exploratory excavations under the direction of soils engineers or engineering
geologists.
(g) Routine agricultural crop management practices.
(h) Emergencies posing an immediate danger to life or property, or substantial flood
or fire hazards.
(i) Any activity where the total volume of material disturbed, stored, disposed of, or
used as fill does not exceed 100 cubic yards and does not obstruct or modifY the storm water
carrying capacity or characteristics of a drainage course.
CD Sections 16.28.060 and 16.28.070 (a) -(g) notwithstanding, any activity where the
total volume of material disturbed, stored, disposed of, or used as fill does not exceed five cubic
yards is always exempt from the permit requirements.
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(k) Any grading or construction activity within a Santa Clara Valley Water District
right-of-way or easement which requires a Water District encroachment permit.
SECTION 3. This ordinance shall be effective the 31 st day after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Manager
Sf. Assistant City Attorney Director of Public Works
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