HomeMy WebLinkAboutStaff Report 203-08TO:
FROM:
DATE:
SUBJECT:
City of Palo Alto
City Manager’s Report
16
HONORABLE CITY COUNCIL~~
CITY
APRIL 28, 2008
ADOPTION OF _AN OPd)LNANCE TO PROMOTE T~.~E USE OF
RECYCLED WATER
DEPARTMENT: PUBLIC WORKS
CM-R:203:08
RECOMMENDATIONS
Staffrecommends that Council adopt the proposed Ordinance (Attachmem A) to promote the use of
recycled water and move toward a fu!ly sustainable water supply system in California.
BACKGROUND
The City of Palo Alto treats wastewater from homes and business at its Regional Water Quatity
Control Plant (RWQCP). The treated wastewater (recycled water) meets all standards for use to
i~._’gate landscape, and for flushing toi!ets and urinals (toilets/urina!s). Currently, the recycled water
is used for irrigation at the Pa!o Alto Golf Co~se, Greer Park, and at the RWQCP. A pipeline is
under construction to deliver recycied water to Motmtain View (north of the Bayshore Area) for
irrigation and potentially for toilet/urinal flushing. This pipeline project w411 be completed in
approxhnately one year and implements a portion of the Master Plan. for recycled water initially
prepared in 1992. Palo Alto is steadying the advisability of implementing a second portion of the
Master Plan (cove~mg the Stanford Research Park and associated areas) in the near future. To obtain
State funding for such a project, State funding guidelines require that Pato Ako mandate the use of
recycled water for those areas where it is available.
DISCUSSION
The proposed Ordinance would meet the requirements for possible State funding for a pipeline
project within Palo Alto. It would require that customers (other than single-family residences),
adjacent to a City recycled water pipeline, use the recycled water v~rlaen it becomes avaiiable.
However, retrofitting buildings to require dual interior plumbing (for toilet/urinal flushing) is not
being proposed. (Dual plumbing for toilet/urinal flushing is addressed later in this report.)
Other portions of the proposed Ordinance are not mandated by State funding requirements. These
portions would require certain new and remodeled buildings to be constructed in a manner to readily
accept recycled water (for the purposes desc~bed be!ow) when it becomes available. These
requirements are proposed because it is far cheaper to build in these features during initial
construction rather than retrofit them.
CMR:203:08 Page 1 of 3
Section 16.12.025 of the proposed Ordinance requires certain newly constructed landscaping to be
installed with on-site infrastructure compatible with recycled water use. This is anticipated to cost
very little additional money because new construction must already have a separate irrigation system,
the main feature associated with the use of recycled water. The additional expense would primarily
stem from use of purple colored pipe and certain other hardware requirements. (State regulations
require "purple pipe" for recycled water pipelines to distinguish them from potable water lines.)
Section 16.12.030 of the proposed Ordinance deals with dual plumbing toilet flushing, urinal
flushing, and floor trap priming. This section does not require retrofitting of existing buildings.
There are two situations where this would be required for new construction and remodeling. First, it
would be required for buildings greater than 10,000 square feet (sq. ft.) which are inside a "Recycled
Water Project Area." Currently, there are no such areas within Pa!o Alto. Therefore, such areas
would have to be so designated by the City Council in the furore. Such a designation may be
recommended by staff in the near fu~e for the Stanford Research Park area and associated areas.
The cost of dual plumbing for building interiors has been estimated to be on the order of 1% of the
total building cost. Second, dual interior plumbing would be required for new- (and remodeled)
construction greater than 100,000 sq. ft. located an?~here in the City. Thus, even if the project is not
within a Recycled Water Project Area, it would have to be dua! plumbed if it met the 100,000 sq. ft.
threshold. This requirement addresses the long term reality of water shortages in the Bay Area which
will ultimately dictate more severe measures. Requiring dual plumbing now, at least for the very
largest of buildings, will set the stage for substantial water reductions at a relatively small cost when
compared to building retrofit. ~rhen a recycled -water pipeline is ultimately constructed, the building
would be ready to accept it. Toilet!urinal flushing can account for as much as 40% of internal water
use. Staff believes it would be wise to take this opportunity to ultimately achieve such substantial
water savings in Palo Alto’s largest buildings. ~m exemption process is provided in the proposed
Ordinance because certain proposed projects may present unique construction challenges and costs.
The City Manager would hear any appeals. Details of the exemption process will be established in
the Rules and Regulations being deve!oped now-.
Other Ordinance provisions establish the administrative features associated with the requirements,
including: permitting, an exemption process, and enforcement of a recycled water program for Palo
Alto. The details wi!l be contained in Rules and Regulations referred to in the Ordinance. Most
cities with established recycled water programs have set up program administration in this way. Palo
Alto staff is working on Rules and Regulations now for adoption in Fiscal Year (FY) 2008-09.
RESOURCE I_MPACT
Administration of a Recycled Water Program will not dictate a need for new- resources in FY08-09.
As the program becomes a reality in subsequent years, resources for design reviews and inspections
will be needed. Staff envisions establishing a rate structure for the sale of recycled water which
would cover those costs.
For those limited buildings affected by the Ordinance, the cost of construction could be on the order
of 1% greater than standard construction. This would be true, in principle, for City projects as well
as private projects. However, it is unlikely that the proposed criteria would trigger coverage of any
City projects.
CMR:203:08 Page 2 of 3
POLICY IMPLICATIONS
The recommended Ordinance is consistent with the City’s Comprehensive Plan and the Climate
Protection Plan.
ENWIRONMENTAL REVIEW
The Recycled Water Ordinance is exempt l~om coverage under the California Environmental Quality
Act (CEQA) under Sections 15307 and 15308 of Title 14 of the California Code of Regulations
coupled with Sections 13554(c) and 13535.3 of the California Water Code.
ATTACHMENTS
Attachment A: Proposed Ordinance
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
PHIL BOBEL
Manager, Environmental Compliance Division
GLENN S. ROBERTS ~
Director of Public Works
./:"
SON
Assistant City Manager
CMR:203:08 Page 3 of 3
NOT YET APPROVED
ATTACHMENT A
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
ADDING CHAPTER 16.12 (RECYCLED WATER) TO TITLE 16 OF
THE PALO ALTO Mb2qICIPAL CODE TO REQUIRE THE USE OF
RECYCLED WATER FOR IRRIGATION, TOILET AND URINAL
FLUSHING AND TRAP PRIMING
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
(a) Potable water is one of our most precious natural resources and is becoming
increasingly scarce in the semiarid State of California.
(b) The use of treated, nonpotable water for construction, toilet and urinal flushing
and irrigation will increase the amount of potable water available for other uses in the City. The
City of Palo Alto is dedicated to conserving the potable water supply, and this Chapter will assist
in preserving this precious commodity.
(c) Recycled water is a sustainable water source that reduces potable water
consumption and is not subject to rationing during drought. After careful study, the City Council
has determined that recycled water shall be used within the boundaries of Recycled Water
Project Areas for construction, toilet and urinal flushing and irrigation purposes whenever it is
available and beneficial to the customer.
(d) In adopting this program, the Council has balanced the needs of all water users
and through this implementation strategy will allow water users sufficient flexibility to meet
their potable and nonpotable water needs.
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SECTION 2. A new Chapter t6.12 is hereby added to Title 16 of the Palo Alto
Municipal Code to read as follows:
CHAPTER 16.12
RECYCLED WATER
Sections:
!6.12.010
16.12.015
16.12.020
16.12.025
16.12.030
16.12.035
16.12.040
16.12.045
!6.12.050
16.12.055
16.12.060
t6.12.065
16.12.070
Definitions.
Compliance with state and local regulations.
Converting existing potable water users to recycled water for irrigation.
Converting existing potable water users to recycled water for toilet and urinal f
flushing and trap priming.
New construction; recycled water for irrigation.
New construction; recycled water for toilet and urinal flushing and trap priming.
Recycled water permit required.
Recycled water permit conditions; verification of compliance.
Exemptions and adjustments.
Appeals.
Failure to comply with this chapter.
Monitoring.
Severability
16.12.010
(a)
(b)
(c)
(d)
(e)
(9
Definitions.
"Dual plumbing" means a system of two sets of water pipes, one for recycled
water for toilets and urinals and one for potable water for other interior uses.
"Floortrap priming" means the practice of adding water to traps beneath floor
drains to ensure a bamer fi’om sewer gas.
"Identified Customers" are entities purchasing water from the City of Palo Alto
who are adjacent to a recycled water pipeline shown in a Final Palo Alto
Recycled Water Project Plan. Identified customers do not include single family
residences.
"Recycled water" means wastewater treated by, the Palo Alto Regional Water
Quality Control Plant that meets State requirements for reuse.
"Recycled Water Permit" means a permit issued by, the City Manager or his/her
designee to allow a customer to use recycled water at its facility,.
"Recycled Water Project Area" means a geographical area of the City desig-nated
by resolution of City Council as an area where recycled water will be served.
080423 syn 6050416
NOT YET APPROVED
16.12.015 Compliance with state and local regulations.
All users of recycled water shall comply with the California Department of Public Health
regulations contained in Title 17 and Title 22 of the California Code of Regulations, and with the
Palo Alto Water Reuse Rules and Regulations for the use of recycled water.
16.12.020 Converting existing potable water users to recycled water for irrigation.
Within the boundaries of any Recycled Water Project Area, Identified Customers who are
notified by mail by the City shall use recycled water for irrigation when available. Any such
notification shall include the conditions of use, pricing, and construction schedule for the City’s
recycled water pipeline and the connections to it.
16.12.025 Converting existing potable water users (with existing dual plumbing) to
recycled water for toilet and urinal flushing and floor trap priming.
For facilities with existing dual plumbing within the boundaries of any Recycled Water
Project Area, Identified Customers shall use recycled water when it is available following
notification by mail by the City that a conversion to recycled water for toilet and urinal flushing
and floor trap priming purposes is required. Any such notification shall include the conditions of
use, pricing, and construction schedule for the City’s pipeline and the connections to it.
16.12.030 New construction; recycled water use for irrigation.
(a)All applications for land use permits, building permits and other discretionary
actions for projects other than single family homes, within the boundaries of any
Recycled Water Project Area, filed after the adoption of this ordinance, shall
include the following:
(1)
(2)
Plans demonstrating that recycled water will be used, when available, for
all irrigation.
Consideration of plants suitable for irrigation with recycled water.
(3)The installation of the on-site infrastructure necessary to connect the
i~gation system to the City’s recycled water supply when it becomes
available.
(b)All applications for land use permits, building permits and other discretionary
actions for projects other than single family homes, in geographic areas not within
the boundaries of a Recycled Water Project Area, where the total landscape area
exceeds 1500 square feet, filed after the adoption of this ordinance, shall include
the following:
(1)
(2)
Plans demonstrating that recycled water will be used, when available, for
all irrigation.
Consideration of plants suitable for irrigation with recycled water.
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(3)The installation of on-site infrastructure necessary to connect the site’s
irrigation system to the City’s recycled water supply when it becomes
available.
16.12.035 New construction; recycled water use for toilet and urinal flushing and floor
trap printing.
(a)All applications for building permits for new or remodeled buildings or groups of
buildings within the boundaries of a Recycled Water Project Area, filed after the
adoption of this ordinance, where the building square footage total, including both
the original square footage and any addition, is greater than 10,000 square feet or
where installation of 25 or more toilets and urinals is proposed, shall incorporate
dual plumbing in the design of the facility to allow the use of recycled water,
when it becomes available, for flushing toilets and urinals and priming floor traps.
Dual plumbing requirements shall not apply to single family homes.
(b)All applications for building permits for new or remodeled buildings or groups of
buildings in geographic areas not within the boundaries of a Recycled Water
Project Area, filed after the adoption of this ordinance, where the building square
footage total, including both the original square footage and any addition, is
greater than 100,000 square feet or where installation of 100 or more toilets and
urinals is proposed, shall incoi~orate dual plumbing in the design of the facility to
allow the use of recycled water, when it becomes available, for flushing toilets
and minals and priming floor traps. Dual plumbing requirements shall not apply
to single family homes.
(c)When dual plumbing requirements are triggered by remodeling, only those
restroom facilities located within the remodel project area shall be required to
incorporate dual plumbing.
16.12.040 Recycled Water Permit required.
Upon written notification pursuant to Sections 16.12.020 and 16.12.025 that recycled
water is available and must be used, the recycled water customer shall obtain a Recycled Water
Permit by submitting a Recycled Water Permit application, which shall include plans detailing
the recycled and potable water distribution systems at the facility. A City representative shall
review the plans and conduct a field inspection before the Recycled Water Permit is issued. The
applicant must make any required changes as directed by the City before a Recycled Water
Permit may be issued.
16.12.045 Recycled water permit conditions; verification of compliance.
The recycled water permit shall specify the requirements for the applicant’s use of
recycled water based on the Water Reuse Rules and Regulations adopted pursuant to 16.12.015,
and shall require compliance with the California Department of Public Health regulations
contained in Title 17 and Title 22 of the California Code of Regulations and with any additional
requirements specified by the State Water Resources Control Board. Recycled water shall not be
080423 syn 6050416
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supplied to a facility until inspection by a City representative determines that the applicant is in
compliance with the permit conditions.
16.12.050 Exemptions and adjustments.
An application for an exemption or an adjustment to the requirements of this chapter shall
be made to the Director of Public Works or his/her designee. Requests for an exemption or
adjustment may be made consistent with state law and shall be based on the finding by the
Director of Public Works that the use of recycled water demonstrates an adverse effect to the
applicant’s landscaping installed prior to the effective date of the ordinance codified herein. The
Director of Public Works may also consider any additional factors, including any special costs or
hardships which may be created by the use of recycled water. A written determination will be
made on all requests for exemptions or adjustments within ten (10) business days and mailed to
the applicant. If the exemption or adjustment is not granted, the applicant must fully comply
with the requirements of this section.
16.12.055 Appeals.
Denial of any application for an exemption and!or adjustment to the provisions of
recycled water use may be appealed to the City Manager or his/her designee, whose decision
shall be final. An application fox appeal shall be filed with the City Clerk in writing within ten
(10) business days after the Director of Public Works’ decision and shall state the specific
grounds fox" the appeal. The City Manager or his/her designee shall hear the appeal within sixty
(60) calendar day, s after the appeal has been filed with the City Clerk and shall issue a written
decision within thirty (30) days.
16.12.060 Failure to comply with this chapter.
In addition to existing penalties in state and local law for violation of the provisions of
this chapter, the City Manager or his/her designee may assess the following penalties, subject to
the appeal provisions set forth above:
(a)A water service surcharge of fifty percent (50%) of the general water service rate,
as set forth in Utility Rate Schedule, for each billing period during which potable
water is used for irrigation.
(b)Continued use of potable water for irrigation, after a written warning by the City
Manager or his/her designee, may result in the discontinuation of water service
supplied for in-igation by the City of Palo Alto following a noticed hearing. A
charge as set forth in the City’s administrative fee schedule shall be paid prior to
the reactivation or restoration of water service.
(c)Any use of recycled water in a manner contrary to the provisions of this title, is
hereby declared to be a nuisance and may be abated in the manner provided for
the abatement of nuisances in Chapter 9.56 of the Palo Alto Municipal Code.
080423 syn 6050416
NOT YET APPROVED
16.12.065 Monitoring.
Representatives of the City and the San Francisco Bay Regional Water Quality Control
Board shall be authorized to enter, the premises of any recycled water user to carry out
inspections and monitoring to assure compliance with this chapter and applicable state of
California regulations.
16.12.070 Severability.
If any provision or clause of this chapter is held to be unconstitutional or otherwise
invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions of
this chapter, and clauses of this chapter are declared to be severable.
SECTION 3. The Council hereby finds this ordinance is categorically exempt from the
requirements of the California Environmental Quality Act ("CEQA") pursuant to Sections 15307
and 15308 of the CEQA Guidelines (exempting actions taken by regulatory agencies for the
protection of natural resources and the environment), and pursuant to Sections 13554 and
13552.4 of the California Water Code (exempting projects which involve the repiping, redesign,
or use of recycled water necessary to comply with a requirement to use recycled water for toilet
and urinal flushing or residential landscaping).
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SECTION 4.
its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
NOT YET APPROVED
This ordinance shall be effective on the thirty-first day after the date of
City, Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
Deputy, City, Attorney City Manager
Director of Public Works
Director of Administrative
Services
080423 syn 6050416