HomeMy WebLinkAboutStaff Report 445-10TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: DECEMBER 13, 2010 CMR: 445:10
REPORT TYPE: CONSENT
SUBJECT: Adoption of an Ordinance Amending Chapter 16.11 of the Palo Alto
Municipal Code Pertaining to Storm Water Pollution Prevention Measures;
and Adoption of a Resolution 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
RECOMMENDATION
Staff recommends that Council:
1. Adopt the attached ordinance (Attachment A) amending Chapter 16.11 of the Palo Alto
Municipal Code (Storm Water Pollution Prevention) to reflect new storm water pollution
prevention requirements for land development projects mandated by the Regional Water
Quality Control Board.
2. Adopt the attached resolution (Attachment B) modifying the FY2011 Municipal Fee
Schedule to reflect lower plan check fees for land development projects subject to Palo
Alto Municipal Code Chapter 16.11.
EXECUTIVE SUMMARY
Staff recommends adoption of ordinance modifications affecting land development projects in
order to comply with a new storm water discharge permit issued by the Regional Water Quality
Control Board to Palo Alto and other Bay Area communities. The new requirements require
greater control and enhanced treatment of storm water runoff in order to protect creeks from
increased pollutants and erosion. Staff recommends that permit applicants for regulated projects
be required to have their compliance certified by a third party in order to avoid the need for the
City to hire new staff. The use of third-party certification allows staff to recommend a decrease
in current plan check fees.
BACKGROUND
Beginning in 2001, the San Francisco Bay Regional Water Quality Control Board (Water 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. Accordingly, National
Pollutant Discharge Elimination System (NPDES) storm water permits issued since that time
have included a set of pollution prevention requirements imposed upon land development and
. redevelopment projects. In fall 2003, to implement the initial requirements stipulated in the 2001
storm water permit, Council adopted a storm water pollution prevention ordinance (codified into
CMR:445:10 Page 1 of5
Palo Alto Municipal Code [PAMC] Chapter 16.11) 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 (CMR:255:03). The Water Board has imposed stricter land
development controls in each subsequent permit issuance in an effort to further minimize the
impacts of development activity on area waterways. In accordance with Water Board
requirements, Council amended P AMC Chapter 16.11 to lower the compliance threshold to
10,000 square feet of new or replacement impervious area in summer 2006 (CMR:279:06). In
October 2009, the Water Board issued a new regional NPDES permit to the City of Palo Alto
and 76 other Bay Area entities for discharge of municipal storm water to local creeks and San
Francisco Bay (see Attachment C). This Municipal Regional Permit (MRP) specifies programs
and measures to be conducted by local agencies to minimize storm water pollution over the next
five years. The MRP continues the pattern of increased regulation of land development activities
over time as discussed below.
DISCUSSION
The attached ordinance modifies the City's existing storm water pollution prevention regulations
(P AMC Chapter 16.11) once again in order to comply with the new provisions of the MRP. The
major-regulatory changes mandated by the MRP, to be phased in over the next few years, can be
summarized as follows:
• Lowering of the compliance threshold to 5,000 square feet of new or replacement
impervious area (beginning December .1, 2011) for special land use categories, including
auto service facilities, retail gasoline outlets, restaurants, and uncovered parking lots;
• Requiring treatment or storm water runoff from projects that widen existing roads with
additional traffic lanes (beginning December 1, 2011);
• Requiring treatment of storm water runoff from regulated projects utilizing Low Impact
Development (LID) treatment measures, including rain water harvesting and reuse,
infiltration, evapotranspiration, or biotreatment, except in special cases (beginning
December 1, 2011);
• Limiting infiltration of storm water runoff into underlying soils in order to protect
groundwater quality; and
• Requiring small land development projects (those with between 2,500 and 10,000 square
feet of new or replacement impervious area) and detached single-family home projects to
implement specified site design measures to protect storm water quality (beginning
December 1, 2012).
• Requiring that regulated projects 1) have their storm water treatment designs and
flow/volume calculations peer-reviewed and certified by an approved third-party
engineering professional, and 2) have their constructed storm water treatment controls
inspected by an approved third-party engineering professional in order to certify that the
controls have been installed in accordance with the approved plans.
The first two ordinance changes summarized above are intended to require a greater number of
automobile-related land development projects to implement control measures in order to improve
the quality of storm water runoff. Automobiles are the largest single non-point source of storm
water pollutants, including hydrocarbons and heavy metals generated by engine exhaust, leaking
engine components, and residue from tire and brake pad wear. By reducing the compliance
CMR:445:1O Page 2 of5
threshold to 5,000 square feet and including road widening projects starting in December 2011,
the Water Board is endeavoring to impose enhanced controls on this high-priority pollutant
source.
The most significant change included in the attached ordinance is the new requiremeht that
regulated projects utilize LID measures to treat storm water runoff beginning in December 2011.
As stated in the MRP, the goal of LID is "to reduce runoff and mimic a site's pre-development
hydrology by minimizing disturbed areas and impervious cover and then infiltrating, storing,
detaining, evapotranspiring, and or biotreating storm water runoff close to its source." Typical
LID measures include items such as rain barrels, cisterns, green roofs, permeable pavement, and
open space preservation. Under the terms of earlier NPDES storm water discharge permits, the
Water Board allowed much more flexibility as to how storm water is treated prior to discharge.
Available treatment options included a full spectrum of alternatives, including LID measures,
landscape-based measures such as bioswales, and manufactured vault-type treatment systems.
The MRP's prescriptive specification of LID measures for storm water treatment represents a
substantial narrowing of available options for land development project designers. LID
measures are generally consistent with the City'S environmental goals and programs, including
the newly adopted Green Building Code and the Storm Water Rebate Program (which offers
financial incentives to homeowners and businesses for LID measures, including rain barrels,
cisterns, green roofs, and permeable pavement). There are Bay Area-wide concerns, however,
that LID measures may not be feasible in all cases, particularly for infill development in densely
zoned commercial districts. The MRP contains provisions that allow the permittees to
collaboratively develop infeasibility criteria that would allow the use of biotreatment measures
(filtering storm water through specially-designed soil media) in place of LID measures
(rainwater harvesting and reuse, infiltration, or evapotranspiration) to be used under specific
conditions. These infeasibility criteria, which will be developed regionally by the Bay Area
Storm Water Management Agencies Association (BASMAA), are subject to review and approval
by Water Board staff. The MRP also allows the permittees to develop a set of criteria defining a
set of "special project types" that would be exempt from the LID treatment due to their other
environmentally-friendly characteristics. Example project types include high-density "smart
growth" projects, transit-oriented development, and projects with covered parking garages. The
"special project" criteria will also be developed by BASMAA and submitted to Water Board
staff for review and approval.
The newly-defined limitations on storm water infiltration establish a set of rules that must be
f9110wed when designing measures that "infiltrate storm water into the subsurface in a manner
that bypasses the natural groundwater protection afforded by surface soil". Examples of such
measures include dry wells and french drains. The new provisions protect groundwater quality
by ensuring minimum separation between the base of an infiltration device and the underlying
groundwater table and prohibiting infiltration devices in high-risk land use areas and in the
vicinity of known contamination sites.
The ordinance also imposes new requirements on small land development projects (those with
between 2,500 and 10,000 square feet of new or replacement impervious area) and detached
single-family home projects beginning in December 2012. The new requirements are relatively
minor, specifying that these small projects install at least one of a number of simple site design
CMR:445:10 Page 3 of5
measures, such as directing roof, walkway, or surface parking lot runoff onto vegetated areas or
constructing walkways or patios with permeable surfaces. Many of these site design measures
are already encouraged by existing City policies or voluntarily implemented into land
development projects by project proponents, so the new requirements are not expected to create a
noticeable burden on the development community.
The review of storm water treatment designs and the inspection of installed storm water
treatment measures has become an increasing workload burden on Public Works staff as the
number of regulated projects has increased over the past several years and staff levels have
decreased in the development review section of the Public Works Engineering Division. In the
new ordinance, 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. These 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.
Because these changes will decrease the staff hours spent on project review, staff has proposed
lowering the plan check fee for projects subject to P AMC Chapter 16.11 from $800 to $350 (see
attached Council resolution).
RESOURCE IMPACT
Enforcement of the proposed ordinance will require additional effort by Public Works and
Planning staff both during permit review, construction inspections, and periodic follow-up
inspections to verify proper maintenance of storm water control measures due to the increased
volume of regulated projects. However, because of the moderate number of additional
development projects expected to trigger the ordinance's revised threshold levels and compliance
. requirements and the increased efficiency that will result from the third-party certification
process, the need for additional staff is not anticipated at this time. Costs incurred by the City
for plan review and site inspections for projects that are subject to these regulations are
recovered through existing permit fees.
POLICY IMPLICATIONS
The storm water pollution prevention measures contained in the proposed ordinance are
consistent with a number of policies and programs contained in the Comprehensive Plan:
Program N-29: Actively participate in programs such as the Santa Clara Valley Urban Runoff
Pollution Prevention Program to improve the quality of stormwater runoff.
Policy N-21: Reduce non-point source pollution in urban runoff from residential, commercial,
industrial, municipal, ad transportation land uses.
Program N-27: Work with regulatory agencies, environmental groups, affected businesses, and
other stakeholders to identify economically viable Best Management Practices (BMP) for
reducing pollution.
Policy N-22: Limit the amount of impervious surface in new development or public
improvement projects to reduce urban runoff into storm drains, creeks, and San Francisco Bay.
CMR:445:10 Page 4 of5
TIMELINE
The attached ordinance will take effect on February 10, 2011 (the 31st day following the
scheduled second reading of the ordinance). Some of the ordinance provisions will not take
effect until the future implementation date specified in the ordinance. Each specific provision of
the ordinance will be applicable to permit applications deemed complete by the City on or after
the effective date of that particular ordinance provision.
ENVIRONMENTAL REVIEW
Adoption of the attached ordinance is exempt from the provlSlons of the California
Environmental Quality Act (CEQA) as a measure taken to implement an action to assure the
maintenance, restoration, enhancement, or protection of the environment.
ATTACHMENTS
Attachment A: Ordinance Revising Storm Water Pollution Prevention Measures for Land
Development Projects
Attachment B: Resolution modifying the FY2011 Municipal Fee Schedule
AttachmentC: Excerpt from October 14,2009 NPDES Storm Water Discharge Permit
PREPARED BY: ~ "~A:H'
JO£ TERESI
SENIOR ENGINEER
APPROVED BY: L--
HAELSARTOR
G DIRECTOR OF PUBLIC WORKS
CITY MANAGER APPROVAL:
cc: Adam Olivieri, Santa Clara Valley Urban Runoff Pollution Prevention Program
CMR:445:10 Page 5 of5
ATTACHMENT A
Not Yet Approved
Ordinance No. ---
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
. permiimeasures 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 Definitions.
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 for ,.",hich, on or after August 1 0, 2006, a privately sponsored
development application is deemed complete or. with respect to any public project, for which
funding is committed, 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, streets. and private
walkways and other hardscape associated with commercial, industrial, residential subdivision,
mixed-use, and public land development projects. "Development project" also means any
private or public project under the planning and building authority of the city for which, prior to
August 10, 2006, a privately sponsored development application Vias deemed complete or, with
respect to any public project. for which funding \-vas committed, that creates impervious surface
and is in one of the categories described in subsections (a)( 1). (a)(2), or (a)E3) below.
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Not Yet Approved
0) A project shall be considered a development project if it results in the creation of an
amount of impervious surface collectively over the entire prQject site. including but not limited
to pa-rking lots, roof area, streets, and private 'walkways equal to or more than on6 of the
following thresholds:
I. One acre (43,560 square reet): or
11 10,000 squa-re feet if the project is in one of the following land use categories:
a. Auto service stations:
b. Auto '",recking or salvage yards.
(2) A project shall be considered a development project if it results in the creation of
10,000 square feet or more of impervious surface area used for one of the following functions:
I. Loading dock: or
11. Surface parking lot.
(3) A project shall be considered a development project if it results in the creation of
T@OOSijuare feet or more of impervious surface area used for one of the functions described
below and the project developer fails to demonstrate to the city engineer that potential pollutant
loading will be satisfactorily mitigated through post construction source control and site design
practices:
i. Outdoor vehicle or equipment maintenance (including 'Nashing and repair):
ii. Outdoor handling or storage of waste or hazardous materials:
111. Outdoor manufacturing:
IV. Outdoor food handling or processing:
v. Outdoor animal care;
VI. Outdoor horticultural activities; or
vii. Other outdoor activities of industrial or commercial uses.
(4) For projects that include one of the land use functions listed in subsections (a)(2) or
(a)(3) above, the development project shall consist of only the portion of the site containing the
specific land use funotion.
~ 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.
(6) A project in one of the follm:ving categories shall not be considered a development
project regardless of the amount of impervious surface it creates: The following development
shall not constitute a Development Project: ,
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Not Yet Approved
(+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: or.
Oi) 8idev .. alks, bicycle lanes, trails, bridge accessories, guardrails and landscape
features located in the public right of way.
(h) "High Impact Project" means a project that falls into one of the categories
listed below and that creates and/or replaces 5.000 square feet or more of impervious surface
collectively over the entire project site.
( I) 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 pOliion 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
Impact 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 Impact 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 subject to this Chapter
shall include Permanent Storm water Pollution Prevention Measures sufficient to reduce water
quality impacts of storm water runoff from the increased or replaced pOliion of the site for the life
of the project.
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Not Yet Approved
(c) "Hydromodification Management Measures" means any 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 01 119 under NPDES Permit
No. CAS612008 C/\S0297 1 8 issued by the California Regional Water Quality Control Board,
San Francisco Bay Region (the "Regional Water Board"), as it may be amended from time to
time.
(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) "Intiltration Device" means anv 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
intiltration trenches (includes french drains).
co "Low Impact Development (LID) Measures" means an approved combination of
source control measures, site design measures, and/or storm water 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 stOlmwater 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 any
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 01 119 under NPDES Permit No. CAS612008
CAS029718 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 01 119. and any subsequent orders.
101019 jb 0130617 4
Not Yet Approved
(h) "Significant Redevelopment Project" means any private or public project under
the planning and building authority jurisdiction of the city for which, on or after August 10,2006,
a privately sponsored development project application is deemed complete, or, ,tVith respect to
any public project, for '.vhich funding is committed, on a previously developed site that creates
10,000 square feet or more of additional or replacement impervious surface collectively over the
entire project site, including but not limited to roof area, parking lots, street, and other hardscape
associated with commercial, industrial, residential subdivision. mixed-use, and public land
development projects. and private '.va I kV/ay s. "Significant redevelopment project" also means
any private or public project under the planning and building jurisdiction of the city for which,
prior to August 10, 2006, a privately sponsored development application was deemed complete
or, with respect to any public project, for which funding '.vas committed, on a previously
developed site that creates additional or replacement imperviolls surface and is in one of the
categories described in subsections (e)(I), (e)(2), or (e)(3) below.
(1) A project shall be considered a significant redevelopment project if it results in the
addition or replacement of an amount of impervious surface collectively over the entire project
site, including but not limited to parking lots, roof area, streets, and private '.valkviays equal to or
more than one of tile following thresholds:
--I. One acre (43,560 square feet); or
ii. 10,000 square feet if the project is in one of the following land use categories:
a. Auto service stations;
b. Auto wrecking or salvage yards.
(2) l\ project shall be considered a significant redevelopment project if it results in the
addition or replacement of 10.000 square feet or more of impervious surface area used for one of
the following functions:
1. Loading dock; or
ii. Surface parking lot.
(3) A project shall be considered a significant redevelopment project if it results in the
addition or replacement of 10,000 square feet or more of impervious surface area used for one of
the functions described belm", and the project developer fails to demonstrate to the city eflgineer
that potential pollutant loading \-vill be satisfactorily mitigated through post construction source
control and site design practices:
I. Outdoor vehicle or eqUipment main~enanee (including 'Nashing and repair):
II. Outdoor handling or storage ohvaste or hazardous materials;
III. Outdoor manufacturing;
IV. Outdoor food handling or processing;
v. Ol:ltdoor animal care:
101019 jb 0130617 5
Not Yet Approved
VI. Outdoor horticultural activities; or
vii. Other outdoor activities of industrial or commercial uses.
(4) For projects that include one of the land use functions listed in suesections (e)(2) or
(0)(3) above, the significant redevelopment project shall oonsist of only the portion of the site
containing the specific land use function.
(5) A project in one of the follov/ing categories shall not be considered a signifioant
redevelopment project regardless of the amount of impervious surface it creates:
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.
(I) Exceptions. The following redevelopment shall not constitute a Significant
Redevelopment Project:
etA) Interior remodels;
(itID Routine maintenance or repair including, but not limited to, roof or
uexteriorusurface replacement, QLpavement resurfacing, repaving and road pavement struotural
section rehaeilitation within the existing pavement footprint, and any other reconstruotion work
within a public street or road right of way 'Nhere eoth sides of the street or right of way are
developed; or
(ffiC) An individual detached single-family home, which is not part of a
larger common plan of redevelopment .. an4-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 previous Iv
existing development that was not subject to this Chapter shall include Permanent Stormwater
Pollution Prevention Measures sufficient to reduce water quality impacts of storm water 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 preyiously 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:
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Not Yet Approved
(1) Sidewalks built as part of new streets or roads and built to direct stormwater
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 storm water runoff to adjacent
vegetated areas.
(3) Sidewalks, bicycle lanes, or trails constructed with permeable surfaces
(includes pervious concrete, porous asphalt. permeable concrete unit pavers, and granular
materials).
(4) Caltrans highway projects and associated facilities.
_____ (tl) "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.
(gk) "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.
(ltD "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 desilll1.
(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 svstem must be designed and
sized to treat storm water 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:
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Not Yet Approved
(1) Impervious trails built to direct stormwater runoff to adjacent vegetated areas.
or other non-erodible permeable areas. preferably awav 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) Permanent Stormwater Pollution Prevention Measures shall be incorporated into
the following projects (collectively refelTed to sometimes in this Chapter as "Regulated
Projects"):
(l) All Development Projects shall include permanent stormv/ater pollution
P1'e_'~!lti()lll11easures in order to reduee water quality impaets of storm water runoff from the
entire site for the life of the projeet.;
(2) All Significant Redevelopment Projects shall inelude permanent stormwater
pollution prevention measures in order to reduoe v/ater quality impasts of storm water runoff for
the life of the projeet.;
(a) All signifieant redevelopment projeets shall indude permanent stormwater
pollution prevention measures in order to reduoe 'NateI' quality impasts of storm water runoff for
the life of the projeot. .
(b) Signifieant redevelopment projests that result in an inerease of, or
replaeement of, more than fifty peroent of the impervious surraee of a previously eJcisting
development shall include permanent storm water pollution prevention measures suffieient to
reduee water q'elality impaots of stormwater runoff from the entire site for the life of the projeot.
(3) All Road Projects;
(4) Effective December], 20] ], 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 I. 2011, unless the project is exempt as a special project
pursuant to administrative guidelines adopted by the city engineer and approved bv the Water
101019 jb 0130617 8
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Board. all Permanent Storm water Pollution Prevention Measures shall include the following Low
Impact Development (LID) Measures or other alternative measures to be approved by the city
engineer:
( I) 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] 6.09:
(i) Discharges from indoor floor mat/equipment/hood 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;
ll.Yl 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) Landscapim! that minimizes irrigation and runoff, promotes
surface infiltration. minimizes the use of pesticides and feltilizers. and incorporates other
appropriate sustainable landscaping practices and programs such as Bay-Friendly
Landscaping;
(E) Efficient irrigation svstems: and
(F) Storm drain system stenciling or signage.
(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;
101019 jb 0130617 9
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(E) Minimization of storm water 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, and/or patios onto
vegetated areas.
• Direct runoff from driveways and/or uncovered parking lots onto
vegetated areas.
• Construct sidewalks, walkways, and/or patios with permeable
surfaces.
• Construct driveways, bike lanes, and/or uncovered parking lots
with permeable surfaces.
(F) Treatment of 100% of the amount of runoff identified in Section
Cd) below for the Regulated Project's drainage area with LID treatment measures onsite or with
LID treatment measures at a joint stormwater treatment facility.
n_~_ Ci) LID treatment measures are harvesting and re-use, infiltration,
evapotranspiration, or biotreatment.
(ij) 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 inches/hour stormwater runoff surface loading
rate. The planting and soil media for biotreatment systems shall be designed to sustain plant
growth and maximize storm water runoff retention and pollutant removal and shall conform to
material specifications approved by the Water Board and the city engineer.
Cv) 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.
(eQ) Stormwater treatment measures proposed as part of a project's Permanent
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:
(fA) The maximized storm water quality capture volume for the area,
based on historical rainfall records, determined using the formula and volume capture
101019 jb 0130617 10
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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
(fiB) 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:
(iA) Ten percent of the 50-year peak flow rate; or
(i-i-.!~) 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
(ffiC) 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.
(~) All plans and construction are subject to inspection and approval by the city
engineer.
(eD Compliance with Chapter. Prior to the issuance of a building permit or other
discretionaJY 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 building or occupancy permit shall be .
issued without the written certification by a qualified third party receiver acceptable to ef-the eity
City engineer that the requirements of this chapter have been satisfied. by a qualified third party
revievler 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 storm water treatment system design for water quality. Any
consultant or contractor hired to design and/or construct a stormwater treatment svstem for a
Regulated Project shall not perform the third party review for said project. Such certification~
shall be in the form 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."
101019 jb 0130617 11
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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 Hydromodification management Management measuresMeasures,
except for the following projects:
1. Projects that do not create an increase in impervious surface over pre-project
conditions.
2. Transit oriented developments located v/ithin a one half mile radius of
existing or planned transit stations and/or intermodal transit facilities, including rail and bus
stations, terminals or major transfer points.
3. Projects located within areas that drain to stream channels within the tidally
4. Projects located within areas that drain to non earthen stream channels that
are hardened on three sides and e)(tend continuously upstream from the tidally influenced area.
5. Projects draining to an underground storm drain that discharges directly to
San Francisco Bay.
6. Projects that are located in subwatershed areas that are 90% or more built out
and have more than 65% impervious surface.
7. Projects that are less than 50 acres in total project si:z;e that are located in
subwatershed areas that are 90% or more built out and have less than 65% impervious surface.
8. Projects that demonstrate, upon completion of stream specific modeling
studies that are consistent with the Hydromodification Management Plan approved by the
Regional Board, thatthere will be no increase in potential for erosion or other adverse impact to
beneficial uses to any 'liaters of the state.
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 bv 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. R2-2009-007401 119 under NPDES Permit
No. CAS612008CAS0297 I 8 issued by the WaterRegional 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 WaterRegional Board.
101019 jb 0130617 12
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( c) All hydromodification manage~ent 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 Infiltration Devices.
Anv Permanent Storm water Pollution Prevention Measure (PSPPM) which functions primarily
as an Infiltration Device shall be designed such that:
Ca) 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 inches/hour infiltration rate for the
infiltration system;
(b) Adequate maintenance is provided to maximize pollutant removal capabilities;
Cc) The vertical distance from the base of any Infiltration Device to the seasonal high
gmuflawatermark 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):
Cd) 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 dailv
traffic on a main roadway or 15,000 or more average daily traffic on anv intersecting roadway):
automotive repair shops; commercial car washes: fleet storage areas; nurseries; and other land
uses that pose a higb threat to water quality;
(e) Infiltration Devices are not placed in the vicinity of known sailor 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
mignition 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 supplv 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-Familv Home Projects
(a) Effective December I, 20 12. 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
101019 jb 0130617 13
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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)."
SECTION 6. Section 16.11.038 of Chapter 16.11 of Title 16 of the Palo Alto
Municipal Code is hereby added to read. as follows:
"16.11.038 Administrative Guidelines
The City Engineer shall have authority to promulgate administrative guidelines to
assist in the implementation of this Chapter:
SECTION 7. The City Council finds that the adoption of this ordinance does not
constitute a project under the California Environmental Quality Act.
SECTION 8. This ordinance shall become effective upon the commencement of the
thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
101019 jb 0130617 14
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City Manager
Senior Asst. City Attorney
Director of Public Works
101019 jb 0130617 15
ATIACHMENTB
Not Yet Approved
Resolution No. ----
Resolution of the Council of the City of Palo Alto Amending
the Fiscal Year 2011 Municipal Fee Schedule to Reduce Plan
Cbeck 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. (Attachment A), adopted by the Council on
____ ...,---_' 2010, 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:
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SECTION 1. The Municipal Fee Schedule is hereby amended to decrease or
lower the Plan check Fee for Land Development Projects from $800 per project to $350 per
project. An amended fee schedule page showing the updated fees is attached as Exhibit A for
reference.
SECTION 2. The Council of the City of Palo Alto hereby finds that this is not a
project under the California Environmental Quality Act and, therefore, no environmental impact
assessment is necessary. .
INTRODUCED and PASSED:
AYES:
NOES:
ABSENT:
. ABS'fEN'fIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
101119 jb 0130644 2
Mayor
APPROVED:
City Manager
Director of Public Works
Director of Administrative
Services
Street trees-new trees for subdivisions
Inspection for private development
City of Palo Alto
EXHIBIT A
IOO.OO/inch of trunk diameter plus
pla:ntllllg installation
IOO.OO/inch of damage (Trees will be IOO.OO/inch of damage (Trees will be
I"";''''';'''U a fee by measuring damage at the I"""""""U a fee by measuring damage at the
diameter.) diameter.)
2011 Adopted Municipal Fee Schedule 21-2
ATTACHMENT C
Municipal Regional Stormwater Permit
Order No. Rl-2009-0074
NPDES No. CAS612008
Provision C.3.
C.3. New Development and Redevelopment
The goal of Provision C.3 is for the Permittees to use their planning authorities to include
appropriate source control, site design, and stormwater treatment measures in new .
development and redevelopment projects to address both soluble and insoluble
stormwater runoff pollutant discharges and prevent increases in runoff flows from new
development and redevelopment projects. This goal is to be accomplished primarily
through the implementation of low impact development (LID) techniques.
C.3.a. New Development and Redevelopment Performance Standard Implementation
i. Task Description -At a minimum each Permittee shall:
Provision C.3.
(1) Have adequate legal authority to implement all requirements of Provision
C.3;
(2) Have adequate development review and permitting procedures to impose
conditions of approval or other enforceable mechanisms to implement the
requirements of Provision C.3. For projects discharging directly to CWA
section 303(d)-listed waterbodies, conditions of approval must require that
post-development runoff not exceed pre-development levels for such
pollutants that are listed;
(3) Evaluate potential water quality effects and identify appropriate mitigation
measures when conducting environmental reviews, such as under CEQA;
(4) Provide training adequate to implement the requirements of Provision C.3
for staff, including interdepartmental training;
(5) Provide outreach adequate to implement the requirements of Provision
C.3, including providing education materials to municipal staff,
developers, contractors, construction site operators, and ownerlbuilders,
early in the planning process and as appropriate;
(6) For all new development and redevelopment projects that are subject to the
Permittee's planning, building, development, or other comparable review,
but not regulated by Provision C.3, encourage the inclusion of adequate
site design measures that may include minimizing land disturbance and
impervious surfaces (especially parking lots); clustering of structures and
pavement; directing roof runoff to vegetated areas; use of micro-detention,
including distributed landscape-based detention; preservation of open
space; protection and/or restoration of riparian areas and wetlands as
project amenities;
(7) For all new development and redevelopment projects that are subject to the
Permittee's planning, building, development, or other comparable review,
but not regulated by Provision C.3, encourage the inclusion of adequate
source control measures to limit pollutant generation, discharge, and
runoff. These source control measures should include:
• Storm drain stenciling.
Page 16 Date: October 14, 2009
Municipal Regional Stormwater Permit
Order No. Rl-2009-0074
NPDES No. CAS612008
Provision C.3.
• Landscaping that minimizes irrigation and runoff, promotes surface
infiltration where possible, minimizes the use of pesticides and
fertilizers, and incorporates appropriate sustainable landscaping
practices and programs such as Bay-Friendly Landscaping.
• Appropriate covers, drains, and storage precautions for outdoor
material storage areas, loading docks, repair/maintenance bays, and
fueling areas.
• Covered trash, food waste, and compactor enclosures.
• Plumbing of the following discharges to the sanitary sewer, subject to
the local sanitary sewer agency's authority and standards:
• Discharges from indoor floor matiequipment/hood filter wash
racks or covered outdoor wash racks for restaurants.
• Dumpster drips from covered trash and food compactor enclosures.
• Discharges from outdoor covered wash areas for vehicles,
equipment, and accessories.
• Swimming pool water, if discharge to onsite vegetated areas is not
a feasible option.
• Fire sprinkler test water, if discharge to onsite vegetated areas is
not a feasible option.
(8) Revise, as necessary, General Plans to integrate water quality and
watershed protection with water supply, flood control, habitat protection,
groundwater recharge, and other sustainable development principles and
policies (e.g., referencing the Bay-Friendly Landscape Guidelines).
ii. Implementation Level-Most ofthe elements of this task should already be
fully implemented because they are required in the Permittees' existing
stormwater permits.
Due Dates for Full Implementation -Immediate for C.3.a.i.(1)-(5), May 1,
2010 for C.3.a.i.(6)-(7), and December 1,2010 for C.3.a.i.(8). For Vallejo
Permittees: December 1,2010 for C.3.a.i.(1)-(8)
iii. Reporting -Provide a brief summary of the methode s) of implementation of
Provisions c.3.a.L(1)-(8) in the 2011 Annual Report.
C.3.b. Regulated Projects
i. Task Description -The Permittees shall require all projects fitting the category
descriptions listed in Provision C.3.b.ii below (hereinafter called Regulated
Projects) to implement LID source control, site design, and stormwater
treatment onsite or at a joint stormwater treatment facility2 in accordance with
Provisions C.3.c and C.3.d, unless the Provision C.3.e alternate compliance
options are evoked. For adjacent Regulated Projects that will discharge runoff to
a joint stormwater treatment facility, the treatment facility must be completed by
2 Joint storm water treatment facility -Storm water treatment facility built to treat the combined runoff from two
or more Regulated Projects located adjacent to each other,
Provisioh C.3. Page 17 Date: October 14, 2009
Municipal Regional Stormwater Permit
Order No. R2-2009-0074
NPDES No. CAS612008
Provision C.3.
the end of construction of the first Regulated Project that will be discharging
runoff to the joint stormwater treatment facility.
Regulated Projects, as they are defined in this Provision, do not include detached
single-family home projects that are not part of a larger plan of development.
ii. Regulated Projects are defined in the following categories:
(1) Special Land Use Categories
Provision C.3.
(a) New Development or redevelopment projects that fall into one of
the categories listed below and that create and/or replace 10,000
square feet or more of impervious surface (collectively over the entire
project site). This category includes development projects of the
following four types on public or private land that fall under the
planning and building authority of a Permittee:
(i) Auto service facilities, described by the following Standard
Industrial Classification (SIC) Codes: 5013,5014,5541, 7532-
7534, and 7536-7539;
(ii) Retail gasoline outlets;
(iii) Restaurants (SIC Code 5812); or
(iv) 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.
(b) For redevelopment projects in the categories specified in Provision
C.3.b.ii.(1 )(a)(i)-(iv), specific exclusions are:
(i) Interior remodels;
(ii) Routine maintenance or repair such as:
• roof or exterior wall surface replacement,
• pavement resurfacing within the existing footprint.
(c) Where a redevelopment project in the categories specified in
Provision C.3.b.ii.(1)(a)(i)-(iv) results in an alteration of more than
50 percent of the impervious surface of a previously existing
development that was not subject to Provision C.3, the entire project,
consisting of all existing, new, and/or replaced impervious surfaces,
must be included in the treatment system design (i.e., stormwater
treatment systems must be designed and sized to treat stormwater
runoff from the entire redevelopment project).
(d) Where a redevelopment project in the categories specified in
Provision C.3.b.ii.(1)(a)(i)-(iv) results in an alteration ofless than 50
percent of the impervious surface of a previously existing
development that was not subject to Provision C.3, only the new
and/or replaced impervious surface of the project must be included in
the freatment system design (i.e., stormwater treatment systems must
be designed and sized to treat stormwater runoff from the new and/or
replaced impervious surface of the project).
Page 18 Date: October 14, 2009
Municipal Regional Stormwater Permit
Order No. Rl-2009-0074
NPDES No. CAS612008
Provision C.3.
Provision C.3.
(e) For any private development project in the categories specified in
Provisions C.3.b.ii.(1)(a)(i)-(iv) for which a planning application has
been deemed complete by a Permittee on or before the Permit
effective date, the lower 5000 square feet impervious surface
threshold (for classification as a Regulated Project) shall not apply so
long as the project applicant is diligently pursuing the project.
Diligent pursuance may be demonstrated by the project applicant's
submittal of supplemental information to the original application,
plans, or other documents required for any necessary approvals of the
project by the Permittee. If during the time period between the Permit
effective date and the required implementation date of December 1,
2011, for the 5000 square feet threshold, the project applicant has not
taken any action to obtain the necessary approvals from the Permittee,
the project will then be subject to the lower 5000 square feet
impervious surface threshold specified in Provision C.3.b.ii.(1).
(f) For any private development project in the categories specified in
Provisions C.3.b.ii.(1)(a)(i)-(iv) with an application deemed complete
after the Permit effective date, the lower 5000 square feet impervious
surface threshold (for classification as a Regulated Project) shall not
apply if the project applicant has received final discretionary approval
for the project before the required implementation date of December
1,2011, for the 5000 square feet threshold.
(g) For public projects for which funding has been committed and
construction is scheduled to begin by December 1, 2012, the lower
5000 square feet of impervious surface threshold (for classification as
a Regulated Project) shall not apply.
Effective Date -Immediate, except December 1, 2010, for Vallejo
Permittees.
Beginning December 1,2011, all references to 10,000 square feet in
Provision C.3.b.ii.(1) change to 5,000 square feet.
(2) Other Development Projects
New development projects that create 10,000 square feet or more of
impervious surface (c()llectively over the entire project site) including
commercial, industrial, residential housing subdivisions (i.e., detached
single-family home subdivisions, multi-family attached subdivisions
(town homes), condominiums, and apartments), mixed-use, and public
projects. This category includes development projects on public or private
land that fall under the planning and building authority of a Permittee.
Detached single-family home projects that are not part of a larger plan of
development are specifically excluded.
Effective Date -Immediate, except December 1,2010, for Vallejo
Permittees.
Page 19 Date: October 14, 2009
Municipal Regional Stormwater Permit
Order No. R2-2009-0074
NPDES No. CAS612008
Provision C.3.
Provision C.3.
(3) Other Redevelopment Projects
Redevelopment projects that create and/or replace 10,000 square feet or
more of impervious surface (collectively over the entire project site)
including commercial, industrial, residential housing subdivisions (i.e.,
detached single-family home subdivisions, multi-family attached
subdivisions (town homes), condominiums, and apartments), mixed-use,
and public 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. This
category includes redevelopment projects on public or private land that
fall under the planning and building authority of a Permittee.
Specific exclusions to this category are:
• Interior remodels .
• Routine maintenance or repair such as:
• roof or exterior wall surface replacement, or
• pavement resurfacing within the existing footprint.
.. (a) Where a redevelopment project results in an alteration of more than
50 percent of the impervious surface of a previously existing
development that was not subject to Provision C.3, the entire project,
consisting of all existing, new, and/or replaced impervious surfaces,
must be included in the treatment system design (i.e., stormwater
treatment systems must be designed and sized to treat stormwater
runoff from the entire redevelopment project).
(b) Where a redevelopment results in an alteration of less than 50
percent of the impervious surface of a previously existing
development that was not subject to Provision C.3, only the new
and/or replaced impervious surface of the project must be included in
the treatment system design (i.e., stormwater treatment systems must
be designed and sized to treat stormwater runoff from the new and/or
replaced impervious surface of the project).
Effective Date -Immediate, except December 1, 2010, for Vallejo
Permittees.
(4) Road Projects
Any of the following types of road projects that create 10,000 square feet
or more of newly constructed contiguous impervious surface and that fall
under the building and planning authority of a Permittee:
(a) Construction of new streets or roads, including sidewalks and bicycle
lanes built as part of the new streets or roads.
(b) Widening of existing streets or roads with additional traffic lanes.
(i) 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 Provision C.3, the entire project,
consisting of all existing, new, and/or replaced impervious
surfaces, must be included in the treatment system design (i.e.,
Page 20 Date: October 14, 2009
Municipal Regional Stormwater Permit
Order No. Rl-2009-0074
NPDES No. CAS612008
Provision C.3.
3
stormwater treatment systems must be designed and sized to treat
stormwater runoff from the entire street or road that had additional
traffic lanes added).
(ii) Where the addition of traffic lanes results in an alteration of less
than 50 perc~nt of the impervious surface of an existing street or
road that was not subject to Provision C.3, only the new and/or
replaced impervious surface of the project must be included in
the treatment system design (i.e., stormwater treatment systems
must be designed and sized to treat stormwater runoff from only
the new traffic lanes). 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. If an
offsite treatment system is installed or in-lieu fees paid in
accordance with Provision C.3.e, the offsite treatment system or
in-lieu fees must address only the stormwater runoff from the
added traffic lanes.
(c) COllstruction of impervious trails that are greater than 10 feet wide or
are creek-side (within 50 feet ofthe top of bank).
(d) Specific exclusions to Provisions C.3.b.ii.(4)(a)-(c) are:
• Sidewalks built as part of new streets or roads and built to
direct stormwater runoff to adjacent vegetated areas.
• 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 stormwater runoff to adjacent vegetated areas.
• 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.
• Sidewalks, bicycle lanes, or trails constructed with permeable
surfaces. 3
• Caltrans highway projects and associated facilities.
(e) For any private road or trail project described by Provisions
C.3.b.ii.(4)(b) or (c) for which a planning application has been
deemed complete by a Permittee on or before the Permit effective
date, the requirements of Provisions C.3.b.ii.(4)(b) or (c) to classify
the project as a Regulated Project shall not apply so long as the
project applicant is diligently pursuing the project. Diligent pursuance
may be demonstrated by the project applicant's submittal of
supplemental information to the original application, plans, or other
documents required for any necessary approvals of the project by the
Permittee. If during the time period between the Permit effective date
and the required implementation date of December 1, 2011, for
Provisions C.3.b.ii.(4)(b) and (c), the project applicant has not taken
Permeable surfaces include pervious concrete, porous asphalt, unit pavers, and granular materials.
Provision C.3. Page 21 Date: October 14, 2009
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Provision C.3.
any action to obtain the necessary approvals from the Permittee, the
project will then be classified as a Regulated Project under Provisions
C.3.b.ii.(4)(b) or (c).
(f) For any private road or trail project with an application deemed
complete after the Permit effective date, the requirements of
Provisions C.3.b.i.(4)(b) or (c) to classify the project as a Regulated
Project shall not apply if the project applicant has received final
discretionary approval for the project before the required
implementation date of December 1, 2011, for Provisions
C.3.b.ii.(4)(b) and (c).
(g) For any public road or trail project for which funding has been
committed and construction is scheduled to begin by December 1,
2012, the requirements of Provisions C.3.b.i.(4)(b) or (c) to classify
the project as a Regulated Project shall not apply.
Effective Date -Immediate for C.3.b.ii.(4)(a) and (d)-(g), and December 1,
2011, for C.3.b.ii.(4)(b) and (c). For Vallejo Permittees: Immediate for
.. C.3.b.ii.(4)(d)-(g),and December 1,2011 for C.3.b.ii.(4)(a)-(c).
iii. Green Street Pilot Projects
Provision C.3.
The Permittees shall cumulatively complete ten pilot green street projects that
incorporate LID techniques for site design and treatment in accordance with
Provision C.3.c and that provide stormwater treatment sized in accordance with
Provision C.3.d. It is also desirable that they meet or exceed the Bay-Friendly
Landscape Scorecard minimum requirements (see www.BayFriendly.org).
(1) Parking lot projects that provide LID treatment in accordance with
Provisions C.3.c and Provision C.3.d. for stormwater runoff from the
parking lot and street may be considered pilot green street projects.
(2) A Regulated Project (as defined in Provision C.3.b.ii) may not be counted
as one of the ten pilot green street projects.
(3) At least two pilot green street projects must be located in each of the
following counties: Alameda, Contra Costa, San Mateo, and Santa Clara.
(4) The Permittees shall construct the ten pilot green street projects in such a
manner that they, as a whole:
(a) Are representative of the various types of streets: arterial, collector,
and local; and
(b) Contain the following key elements:
(i) Stormwater storage for landscaping reuse or stormwater
treatment and/or infiltration for groundwater replenishment
through the use of natural feature systems;
(ii) Creation of attractive streetscapes that enhance neighborhood
livability by enhancing the pedestrian environment and
introducing park-like elements into neighborhoods;
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Provision C.3.
4
(iii) Service as an urban greenway segment that connects
neighborhoods, parks, recreation facilities, schools, mainstreets,
and wildlife habitats;
(iv) Parking management that includes maximum parking space
requirements as opposed to minimum parking space
requirements, parking requirement credits for subsidized transit
or shuttle service, parking structures, shared parking, car
sharing, or on-street diagonal parking;
(v) Meets broader community goals by providing pedestrian and,
where appropriate, bicycle access; and
(vi) Located in a Priority Development Area as designated under the
Association of Bay Area Government's and Metropolitan
Transportation Commission's FOCUS 4 program.
(5) The Permittees shall conduct appropriate monitoring of these projects to
document the water quality benefits achieved. Appropriate monitoring
may include modeling using the design specifications and specific site
conditions.
Due Date -All pilot green street projects shall be completed by December 1,2014.
iv. Implementation Level-All elements of Provision C.3.b.i.-iii shall be fully
implemented by the effective/due dates set forth in their respective sub
provision, and a database or equivalent tabular format shall be developed and
maintained that contains all the information listed under Reporting (Provision
C.3.b.v.).
Due Dates for Full Implementation -See specific Effective Dates listed under
Provisions C.3.b.ii& iii .. The database or equivalent tabular format required by
Provision C.3.b.iv shall be developed by December 1,2010. (For Vallejo
Permittees: December 1,2011)
v. Reporting
(1) Annual Reporting -C.3.h.ii. Regulated Projects
For each Regulated Project approved during the fiscal year reporting
period, the following information shall be reported electronically in the
fiscal year Annual Report, in tabular form (as set forth in the attached
Provision C.3.b. Sample Reporting Table):
(a) Project Name, Number, Location (cross streets), and Street Address;
(b) Name of Developer, Phase No. (if project is being constructed in
phases, each phase should have a separate entry), Project Type (e.g.,
commercial, industrial, multiunit residential, mixed-use, public), and
description;
(c) Proj ect watershed;
(d) Total project site area and total area of land disturbed;
FOCUS is a regional incentive-based development and conservation strategy for the Bay Area.
Provision C.3. Page 23 Date: October 14,2009
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Provision C.3.
Provision C. 3.
(e) Total new impervious surface area and/or total replaced impervious
surface area;
(t) If redevelopment or road widening project, total pre-project
impervious surface area and total post-project impervious surface
area;
(g) Status of project (e.g., application date, application deemed complete
date, project approval date);
(h) Source control measures;
(i) Site design measures;
G) All post-construction stormwater treatment systems installed onsite, at
ajoint stormwater treatment facility, and/or at an offsite location;
(k) Operation and maintenance responsibility mechanism for the life of
the project.
(1) Hydraulic Sizing Criteria used;
(m) Alternative compliance measures for Regulated Project (if applicable)
(i) If alternative compliance will be provided at an offsite location
ill accordance with Provision C.3 .e.i.(1), include information
required in Provision C.3.b.v.(a) -(1) for the offsite project; and
(ii) If alternative compliance will be provided by paying in-lieu fees
in accordance with Provision C.3.e.i.(2), provide information
required in Provision C.3.b.v.(a) -(1) for the Regional Project.
Additionally, provide a summary of the Regional Project's
goals, duration, estimated completion date, total estimated cost
of the Regional Project, and estimated monetary contribution
from the Regulated Project to the Regional Project; and
(n) Hydromodification (HM) Controls (see Provision C.3.g.) -If not
required, state why not. If required, state control method used.
(2) Pilot Green StreetsProject Reporting -Provision C.3.h.iii.
(a) On an annual basis, the Permittees shall report on the status of the
pilot green street projects.
(b) For each completed project, the Permittees shall report the capital
costs, operation and maintenance costs, legal and procedural
arrangements in place to address operation and maintenance and its
associated costs, and the sustainable landscape measures incorporated
in the project including, if relevant, the score from the Bay-Friendly
Landscape Scorecard.
(c) The 2013 Annual Report shall contain a summary of all green street
projects completed by January 1, 2013. The summary shall include
for each completed project the following information:
(i) Location of project
(ii) Size of project, including total impervious surface treated
(iii) Map(s) of project showing areas where stormwater runoff will
be treated by LID measures
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Provision C.3.
(iv) Specific'type(s) of LID treatment measures included
(v) Total and specific costs of project
(vi) Specific funding sources for project and breakdown of
percentage paid by each funding source
(vii) Lessons learned, including recommendations to facilitate
funding and building of future projects
(viii)Identification of responsible party and funding source for
operation and maintenance.
C.3.c. Low Impact Development (LID)
The goal of LID is to reduce runoff and mimic a site's predevelopment hydrology by
minimizing disturbed areas and impervious cover and then infiltrating, storing,
detaining, evapotranspiring, andlor biotreating stormwater runoff close to its source.
LID employs principles such as preserving and recreating natural landscape features
and minimizing imperviousness to create functional and appealing site drainage that
treats stormwater as a resource, rather than a waste product. Practices used to adhere
_to:these LID principles include measures such as rain barrels and cisterns, green
roofs, permeable pavement, preserving undeveloped open space, and biotreatment
through rain gardens, bioretention units, bioswales, and planter/tree boxes.
Task Description
i. The Permittees shall, at a minimum, implement the following LID requirements:
Provision C.3.
(1) Source Control Requirements
Require all Regulated Projects to implement source control measures
onsite that at a minimum, shall include the following:
(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 local sanitary sewer
agency's authority and standards:
• Discharges from indoor floor matiequipment/hood filter wash
racks or covered outdoor wash racks for restaurants;
• Dumpster drips from covered trash, food waste and compactor
enclosures;
• Discharges from covered outdoor wash areas for vehicles,
equipment, and accessories;
• Swimming pool water, if discharge to onsite vegetated areas is
not a feasible option; and
• 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;
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Provision C.3.
Provision C.3.
(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;
(e) Efficient irrigation systems; and
(f) Storm drain system stenciling or signage.
(2) Site Design and Stormwater Treatment Requirements
(a) Require each Regulated Project to implement at least the following
design strategies onsite:
(i) Limit disturbance of natural water bodies and drainage systems;
minimize compaction of highly permeable soils; protect slopes
and channels; and minimize impacts from stormwater and urban
runoff on the biological integrity of natural drainage systems and
water bodies;
(ii) Conserve natural areas, including existing trees, other
vegetation, and soils;
(iii) Minimize impervious surfaces;
(iv) Minimize disturbances to natural drainages; and
(v) Minimize stormwater runoff by implementing 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, and/or patios with
permeable surfaces.3
• Construct driveways, bike lanes, and/or uncovered parking
lots with permeable surfaces.3
(b) Require each Regulated Project to treat 100% of the amount of runoff
identified in Provision C.3.d for the Regulated Project's drainage area
with LID treatment measures onsite or with LID treatment measures
at ajoint 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 may result from conditions
including the following:
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Provision C.3.
. Provision C.3.
• Locations where seasonal high groundwater would be within
10 feet of the base of the LID treatment measure.
• Locations within 100 feet of a groundwater well used for
drinking water.
• Development sites where pollutant mobilization in the soil or
groundwater is a documented concern.
• Locations with potential geotechnical hazards.
• Smart growth and infill or redevelopment sites where the
density and/or nature of the project would create significant
difficulty for compliance with the onsite volume retention
requirement.
• Locations with tight clay soils that significantly limit the
infiltration of stormwater.
(iv) By May 1,2011, the Permittees, collaboratively or individually,
shall submit a report on. the criteria and procedures the
Permittees shall employ to determine when harvesting and re
use, infiltration, or evapotranspiration is feasible and infeasible
at a Regulated Project site. This report shall, at a minimum,
contain the information required in Provision C.3 .c.iii.(1).
(v) By December 1,2013, the Permittees, collaboratively or
individually, shall submit a report on their experience with
determining infeasibility of harvesting and re-use, infiltration, or
evapotranspiration at Regulated Project sites. This report shall,
at a minimum, contain the information required in Provision
C.3 .iii.(2).
(vi) 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. By December 1,2010, the Permittees, working
collaboratively or individually, shall submit for Water Board
approval, a proposed set of model biotreatment soil media
specifications and soil infiltration testing methods to verify a
long-term infiltration rate of 5 to 10 incheslhour. This submittal
to the Water Board shall, at a minimum, contain the information
required in Provision C.3.c.iii.(3). Once the Water Board
approves biotreatment soil media specifications and soil
infiltration testing methods, the Permittees shall ensure that
biotreatment systems installed to meet the requirements of
Provision C.3.c and d comply with the Water Board-approved
minimum specifications and soil infiltration testing methods.
(vii) Green roofs may be considered biotreatment systems that treat
roofrunoff only if they meet certain minimum specifications.
By May 1, 2011, the Permittees shall submit for Water Board
approval, proposed minimum specifications for green roofs.
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Provision C.3.
This submittal to the Water Board shall, at a minimum, contain
the information required in Provision C.3.c.iii.(4). Once the
Water Board approves green roof minimum specifications, the
Permittees shall ensure that green roofs installed to meet the
requirements of Provision C.3.c and d comply with the Water
Board-approved minimum specifications.
(c) Require any Regulated Project that does not comply with Provision
C.3 .c.i.(2)(b) above to meet the requirements established in Provision
C.3.e for alternative compliance.
ii. Implementation Level-All elements of the tasks described in Provision C.3 .c.i
shall be fully implemented.
Due Date for Full Implementation -December 1, 2011
(1) For any private development project for which a planning application has
been deemed complete by a Permittee on or before the Permit effective
date, Provision C.3.c.i shall not apply so long as the project applicant is
diligently pursuing the project. Diligent pursuance may be demonstrated
by the project applicant's submittal of supplemental information to the
original application, plans, or other documents required for any necessary
approvals of the project by the Permittee. If during the time period
between the Permit effective date and"the required implementation date of
December 1,2011, the project applicant has not taken any action to obtain
the necessary approvals from the Permittee, the project will then be subject
to the requirements of Provision C.3.c.i.
(2) For any private development project with an application deemed complete
after the Permit effective date, the requirements of Provision C.3.c.i shall
not apply if the project applicant has received final discretionary approval
for the proj ect before the required implementation date of December 1,
2011.
(3) For public projects for which funding has been committed and
construction is scheduled to begin by December 1,2012, the requirements
of Provision C.3.c.i shall not apply.
iii. Reporting
Provision CJ
(1) Feasibility/Infeasibility Criteria Report -By May 1,2011, the Permittees,
collaboratively or individually, shall submit a report to the Water Board
containing the following information:
• Literature review and discussion of documented cases/sites, particularly
in the Bay Area and California, where infiltration, harvesting and reuse,
or evapotranspiration have been demonstrated to be feasible and/or
infeasible.
• Discussion of proposed feasibility and infeasibility criteria and
procedures the Permittees shall employ to make a determination of
when biotreatment will be allowed at a Regulated Project site.
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Provision C.3.
Provision C.3.
(2) Status Report on Application of Feasibility/Infeasibility Criteria -By
December 1,2013, the Permittees shall submit a report to the Water Board
containing the following information:
• Discussion of the most common feasibility and infeasibility criteria
employed since implementation of Provision C.3.c requirements,
including site-specific examples;
• Discussion of barriers, including institutional and technical site specific
constraints, to implementation of harvesting and reuse, infiltration, or
evapotranspiration, and proposed strategies for removing these
identified barriers;
• If applicable, discussion of proposed changes to feasibility and
infeasibility criteria and rationale for the changes; and
• Guidance for the Permittees to make a consistent and appropriate
determination of the feasibility of harvesting and reuse, infiltration, or
evapotranspiration for each Regulated Project.
(3) Model Biotreatment Soil Media Specifications -By December 1,2010, the
Permittees, collaboratively or individually, shall submit a report to the
Water Board containing the following information:
• Proposed soil media specifications for biotreatment systems;
• Proposed soil testing methods to verify a long-term infiltration rate of 5-
10 incheslhour;
• Relevant literature and field data showing the feasibility of the
minimum design specifications;
• Relevant literature, field, and analytical data showing adequate pollutant
removal and compliance with the Provision C.3.d hydraulic sizing
criteria; and
• Guidance for the Permittees to apply the minimum specifications in a
consistent and appropriate manner.
(4) Green Roof Minimum Specifications -By May 1,2011, the Permittees,
collaboratively or individually, shall submit a report to the Water Board
containing the following information:
• Proposed minimum design specifications for green roofs;
• Relevant literature and field data showing the feasibility of the
minimum design specifications;
• Relevant literature, field, and analytical data showing adequate pollutant
removal and compliance with the Provision C.3.d hydraulic sizing
criteria;
• Discussion of data and lessons learned from already installed green
roofs;
• Discussion of barriers, including institutional and technical site specific
constraints, to installation of green roofs and proposed .strategies for
removing these identified barriers; and
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Provision C.3.
• Guidance for the Permittees to apply the minimum specifications in a
consistent and appropriate manner.
(5) Report the methodes) of implementation of Provisions C.3.c.i above in the
2012 Annual Report. For specific tasks listed above that are reported using
the reporting tables required for Provision C.3.b.v, a reference to those
tables will suffice.
C.3.d. Numeric Sizing Criteria for Stormwater Treatment Systems
i. Task Description -The Permittees shall require that stormwater treatment
systems constructed for Regulated Projects meet at least one of the following
hydraulic sizing design criteria:
(1) Volume Hydraulic Design Basis -Treatment systems whose primary
mode of action depends on volume capacity shall be designed to treat
stormwater runoff equal to:
(a) The maximized stormwater capture volume for the area, on the basis
of 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
Section 5 of the California Stormwater Quality Association's
Stormwater Best Management Practice Handbook, New Development
and Redevelopment (2003), using local rainfall data.
(2) Flow Hydraulic Design Basis -Treatment systems whose primary mode
of action depends on flow capacity shall be sized to treat:
(a) 10 percent of the 50-year peak flowrate;
(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.
ii. Implementation Level-The Permittees shall immediately require the controls
in this task.
Due Date for Full Implementation -Immediate, except December 1,2010, for
Vallejo Permittees.
iii. Reporting -Permittees shall use the reporting tables required in Provision
C.3.b.v.
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Provision C.3.
iv. Limitations on Use of Infiltration Devices in Stormwater Treatment
Systems
Provision C.3.
(1) For Regulated Projects, each Permittee shall review planned land use and
proposed treatment design to verify that installed stormwater treatment
systems with no under-drain, and that function primarily as infiltration
devices, should not cause or contribute to the degradation of groundwater
quality at project sites. An infiltration device is 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).
(2) For any Regulated Project that includes plans to install stormwater
treatment systems which function primarily as infiltration devices, the
Permittee shall require 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 soil to achieve a
maximum 5 incheslhour infiltration rate for the infiltration system;
(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. (Note that some
locations within the Permittees' jurisdictions are characterized by
highly porous soils and/or high groundwater tables. In these areas, a
greater vertical distance from the base of the infiltration device to the
seasonal high groundwater mark may be appropriate, and treatment
system approvals should be subject to a higher level of analysis that
considers the potential for pollutants (such as from onsite chemical
use), the level of pretreatment to be achieved, and other similar
factors in the overall analysis of groundwater safety);
(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; car washes; fleet
storage areas (e.g., bus, truck); nurseries; and other land uses that pose
a high threat to water quality;
(e) Infiltration devices are not placed in the vicinity of known
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
gro~ndwater, or adversely affect remedial activities; and
(f) Infiltration devices are located a minimum of 100 feet horizontally
away from any known water supply wells, septic systems, and
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Provision C.3.
5
6
underground storage tanks with hazardous materials. (Note that some
locations within the Permittees' jurisdictions are characterized by
highly porous soils andlor high groundwater tables. In these areas, a
greater horizontal distance from the infiltration device to known water
supply wells, septic systems, or underground storage tanks with
hazardous materials may be appropriate, and treatment system
approvals should be subject to a higher level of analysis that considers
the potential for pollutants (such as from onsite chemical use), the
level of pretreatment to be achieved, and other similar factors in the
overaH analysis of groundwater safety).
C.3.e. Alternative or In-Lieu Compliance with Provision C.3.c.
i. The Permittees may allow a Regulated Project to provide alternative compliance
with Provision C.3.c in accordance with one of the two options listed below:
(1) Option 1: LID Treatment at an Offsite Location
Treat a portion of the amount of runoff identified in Provision C.3.d for the
Regulated Project's drainage area with LID treatment measures onsite or
with LID treatment measures at a joint stormwater treatment facility and
treat the remaining portion of the Provision C.3.d runoff with LID
treatment measures at an offsite project in the same watershed. The offsite
LID treatment measures must provide hydraulically-sized treatment (in
accordance with Provision C.3.d) of an equivalent quantity of both
stormwater runoff and pollutant loading and achieve a net environmental
benefit.
(2) Option 2: Payment of In-Lieu Fees
Treat a portion of the amount of runoff identified in Provision C.3.d for the
Regulated Project's drainage area with LID treatment measures onsite or
with LID treatment measures at a joint stormwater treatment facility and
pay equivalent in-lieu fees 5 to treat the remaining portion of the Provision
C.3.d runoff with LID treatment measures at a Regional Project.6 The
Regional Project must achieve a net environmental benefit.
(3) For the alternative compliance options described in Provision C.3.e.i.(1)
and (2) above, offsite projects must be constructed by the end of
construction of the Regulated Project. If more time is needed to construct
the offsite project, for each additional year, up to three years, after the
construction of the Regulated Project, the offsite project must provide an
additional 10% of the calculated equivalent quantity of both stormwater
runoff and pollutant loading. Regional Projects must be completed within
three years after the end of construction of the Regulated Project.
However, the timeline for completion of the Regional Project may be
In-lieu fees -Monetary amount necessary to provide both hydraulically-sized treatment (in accordance with
Provision C.3.d) with LID treatment measures of an equivalent quantity of storm water runoff and pollutant
loading, and a proportional share of the operation and maintenance costs of the Regional Project.
Regional Project - A regional or municipal stormwater treatment facility that discharges into the same
watershed that the Regulated Project does.
Provision C.3. Page 32 Date: October 14,2009
Municipal Regional Stormwater Permit
Order No. Rl-2009-0074
NPDES No. CAS612008
Provision C.3.
extended, up to five years after the completion of the Regulated Project,
with prior Executive Officer approval. Executive Officer approval will be
granted contingent upon a demonstration of good faith efforts to
implement the Regional Project, such as having funds encumbered and
applying for the appropriate regulatory permits.
ii. Special Projects
(1) When considered at the watershed scale, certain types of smart growth,
high density, and transit-oriented development can either reduce existing
impervious surfaces, or create less "accessory" impervious areas and
automobile-related pollutant impacts. Incentive LID treatment reduction
credits approved by the Water Board may be applied to these types of
Special Projects.
(2) By December 1,2010, the Permittees shall submit a proposal to the Water
Board containing the following information:
• Identification of the types of proj ects proposed for consideration of LID
treatment reduction credits and an estimate of the number and
cumulative area of potential projects during the remaining term of this
Permit for each type of project;
• Identification of institutional barriers and/or technical site-specific
constraints to providing 100% LID treatment onsite that justify the
allowance for non-LID treatment measures onsite;
• Specific criteria for each type of Special Project proposed, including
size, location, minimum densities, minimum floor area ratios, or other
appropriate limitations;
• Identification of specific water quality and environmental benefits
provided by these types of projects that justify the allowance for non
LID treatment measures onsite;
• Proposed LID treatment reduction credit for each type of Special
Project and justification for the proposed credits. The justification shall
include identification and an estimate of the specific water quality
benefit provided by each type of Special Project proposed for LID
treatment reduction credit; and
• Proposed total treatment reduction credit for Special Projects that may
be characterized by more than one category and justification for the
proposed total credit.
iii. Effective Date -December 1, 2011.
iv. Implementation Level
Provision C.3.
(1) For any private development project for which a planning application has
been deemed complete by a Permittee on or before the Permit effective
date, Provisions C.3.ej-ii shall not apply so long as the project applicant is
diligently pursuing the project. Diligent pursuance may be demonstrated
by the project applicant's submittal of supplemental information to the
original application, plans, or other documents required for any necessary
Page 33 Date: October 14, 2009
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Provision C.3.
approvals of the project by the Permittee. If during the time period
between the Permit effective date and the required implementation date of
December 1, 2011, the project applicant has not taken any action to obtain
the necessary approvals from the Permittee, the project will then be subject
to the requirements of Provision C.3.ej-ii.
(2) For public projects for which funding has been committed and
construction is scheduled to begin by December 1, 2012, the requirements
of Provisions C.3.ej-ii shall not apply.
(3) Provisions C.3.e.i-ii supersede any Alternative Compliance Policies
previously approved by the Executive Officer
(4) For all offsite projects and Regional Projects installed in accordance with
Provision C.3.e.i-ii, the Permittees shall meet the Operation &
Maintenance (O&M) requirements of Provision C.3.h.
v. Reporting -The Permittees shall submit the ordinance/legal authority and
procedural changes made, if any, to implement Provision C.3.e with their 2012
Annual Report. Annual reporting thereafter shall be done in conjunction with
-reporting requirements under Provision C.3.b.v.
Any Permittee choosing to require 100% LID treatment onsite for all Regulated
Projects and not allow alternative compliance under Provision C.3.e, shall
include a statement to that effect in the 2012 Annual Report and all subsequent
Annual Reports.
C.3.f. Alternative Certification of Stormwater Treatment Systems
i. Task Description -In lieu of reviewing a Regulated Project's adherence to
Provision C.3.d, a Permittee may elect to have a third party conduct detailed
review and certify the Regulated Project's adherence to Provision C.3.d. The
third party reviewer must be a Civil Engineer or a Licensed Architect or
Landscape Architect registered in the State of California, or staff of another
Permittee subject to the requirements of this Permit.
ii. Implementation Level-Any Permittee accepting third-party reviews must
make a reasonable effort to ensure that the third party has no conflict of interest
with regard to the Regulated Project in question. That is, any consultant or
contractor (or his/her employees) hired to design and/or construct a stormwater
treatment system for a Regulated Project shall not also be the certifying third
party. The Permittee must verify that the third party certifying any Regulated
Project has current training on stormwater treatment system design (within three
years of the certification signature date) for water quality and understands the
groundwater protection principles applicable to Regulated Project sites.
Provision 0.3.
Training conducted by an organization with stormwater treatment system design
expertise (such as a college or university, the American Society of Civil
Engineers, American Society of Landscape Architects, American Public Works
Association, California Water Environment Association (CWEA), BASMAA,
National Association of Flood & Stormwater Management Agencies, California
Page 34 Date: October 14, 2009
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Order No. Rl-2009-0074
NPDES No. CAS612008
Provision C.3.
Stormwater Quality Association (CASQA), or the equivalent, may be
considered qualifying training.
iii. Reporting -Projects reviewed by third parties shall be noted in reporting tables
for Provision C.3.b.
C.3.g. Hydromodification Management
i. Hydromodification Management (HM) Projects are Regulated Projects that
create and/or replace one acre or more of impervious surface and are not
specifically excluded within the requirements of Attachments B-F. A project
that does not increase impervious surface area over the pre-project condition is
not an HM Project. All HM Projects shall meet the Hydromodification
Management Standard of Provision C.3.g.ii.
ii. HM Standard
Stormwater discharges from HM Projects shall not cause an increase in the
erosion potential of the receiving stream over the pre-project (existing)
condition. Increases in runoff flow and volume shall be managed so that post
project runoff shall not exceed estimated pre-project rates and durations, where
such increased flow and/or volume is likely to cause increased potential for
erosion of creek beds and banks, silt pollutant generation, or other adverse
impacts on beneficial uses due to increased erosive force. The demonstration
that post-project stormwater runoff does not exceed estimated pre-project runoff
rates and durations shall include the following:
(1) Range of Flows to Control: For Alameda, Contra Costa, San Mateo, and
Santa Clara Permittees, HM controls shall be designed such that post
project stormwater discharge rates and durations match pre-project
discharge rates and durations from 10 % of the pre-project 2-year peak
flow 7 up to the pre-project 10-year peak flow. For Fairfield-Suisun
Permittees, HM controls shall be designed such that post-project
stormwater discharge rates and durations shall match from 20 percent of
the 2-year peak flow up to the pre-project 10-year peak flow. Contra
Costa Permittees, when using pre-sized and pre-designed Integrated
Management Practices (IMPs) per Attachment C of this Order, are not
required to meet the low-flow criterion of 10% of the 2-year peak flow.
These IMPs are designed to control 20% of the 2-year peak flow. After
the Contra Costa Permittees conduct the required monitoring specified in
Attachment C, the design of these IMPs will be reviewed.
(2) Goodness of Fit Criteria: The post-project flow duration curve shall not
deviate above the pre-project flow duration curve by more than 10 percent
7 Where referred to in this Order, the 2-year peak flow is detennined using a flood frequency analysis based on
USGS Bulletin 17 B to obtain the peak flow statistically expected to occur at a 2-year recurrence interval. In this
analysis, the appropriate record of hourly rainfall data (e.g., 35-50 years of data) is run through a continuous
simulation hydrologic model, the annual peak flows are identified, rank ordered, and the 2-year peak flow is
estimated. Such models include USEPA's Hydrologic Simulation Program-Fortran (HSPF), U.S. Anny Corps
of Engineers' Hydrologic Engineering Center-Hydrologic Modeling System (HEC-HMS), and USEPA's Storm
Water Management Model (SWMM).
Provision C.3. Page 35 Date: October 14, 2009
Municipal Regional Stormwater Permit
Order No. R2-2009-0074
NPDES No. CAS612008
Provision C.3.
over more than 10 percent of the length of the curve corresponding to the
range of flows to control.
(3) Precipitation Data: Precipitation data used in the modeling ofHM
controls shall, at a minimum, be 30 years of hourly rainfall data
representative of the area being modeled. Where a longer rainfall record is
available, the longer record shall be used.
(4) Calculating Post-Project Runoff: Retention and detention basins shall be
considered impervious surfaces for purposes of calculating post-project
runoff. Pre-and post-project runoff shall be calculated and compared for
the entire site, without separating or excluding areas that may be
considered self-retaining.
(5) Existing HM Control Requirements: The Water Board has adopted HM
control requirements for all Permittees (except for the Vallejo Permittees),
and these adopted requirements are attached to this Order as listed below.
The Permittees shall comply with all requirements in their own Permittee
specific Attachment, unless otherwise specified by this Order. In all cases,
the HM Standard shall be achieved.
• Attachment B for Alameda Permittees
• Attachment C for Contra Costa Permittees
• Attachment D for Fairfield-Suisun Permittees
• Attachment E for San Mateo Permittees
• Attachment F for Santa Clara Permittees
iii. Types of HM Controls
Provision C.3.
Projects shall meet the HM Standard using any of the following HM controls or
a combination thereof.
(1) Onsite HM controls are flow duration control structures and hydrologic
source controls that collectively result in the HM Standard being met at the
point(s) where stormwater runoff discharges from the project site.
(2) Regional HM controls are flow duration control structures that collect
stormwater runoff discharge from multiple projects (each of which shall
incorporate hydrologic source control measures as well) and are designed
such that the HM Standard is met for all the projects at the point where the
regional HM control discharges.
(3) In-stream measures shall be an option only where the stream, which
receives runoff from th~ project, is already impacted by erosive flows and
shows evidence of excessive sediment, erosion, deposition, or is a
hardened channel.
In-stream measures involve modifying the receiving stream channel slope
and geometry so that the stream can convey the new flow regime without
increasing the potential for erosion and aggradation. In-stream measures
are intended to improve long-term channel stability and prevent erosion by
reducing the erosive forces imposed on the channel boundary.
Page 36 Date: October 14, 2009
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Order No. R2-2009-0074
NPDES No. CAS612008
Provision C.3.
In-stream measures, or a combination of in-stream and onsite controls,
shall be designed to achieve the HM Standard from the point where the·
project(s) discharge(s) to the stream to the mouth of the stream or to
achieve an equivalent degree of flow control mitigation (based on amount
of impervious surface mitigated) as part of an in-stream project located in
the same watershed. Designing in-stream controls requires a hydrologic
and geomorphic evaluation (including a longitudinal profile) of the stream
system downstream and upstream of the project. As with all in-stream
activities, other regulatory permits must be obtained by the project
proponent. 8 .
iv. Reporting
For each HM Project approved during the reporting period, the following
information shall be reported electronically in tabular form. This information
shall be added to the required reporting information specified in Provision
C.3.b.v.
(1) Device(s) or methodes) used to meet the HM Standard, such as detention
basin(s), biodetention unites), regional detention basin, or in-stream
control;
(2) Method used by the project proponent to design and size the device or
method used to meet the HM Standard; and
(3) Other information as required in the Permittee's existing HM
requirements, as shown in Attachments B-F.
v. Vallejo Permittees shall complete the following tasks in lieu of complying with
Provisions C.3.g.i-iv.
(1) Develop a Hydrograph Modification Management Plan (HMP) for
meeting the requirements of Provisions C.3.g.i-iv. The Vallejo
Permittees' HMP shall be subject to approval by the Water Board.
(2) Vallejo Permittees shall include the following in their HMP:
(a) A map ofthe City of Vallejo, delineating areas where the HM
Standard applies. The HM Standard shall apply in all areas except
where a project:
• discharges stormwater runoff into creeks or storm drains that
are concrete-lined or significantly hardened (e.g., with rip-rap,
sackrete) downstream to their outfall in San Francisco Bay;
• discharges to an underground storm drain discharging to the
Bay; or
• is located in a highly developed watershed.9
8 In-stream control projects require a Stream Alteration Agreement from the California Department of Fish &
Game, a CWA section 404 permit from the U.S. Army Corps of Engineers, and a section 401 certification from
the Water Board. Early discussions with these agencies on the acceptability of an in-stream modification are
necessary to avoid project delays or redesign.
9 Within the context of Provision C.3.g., "highly developed watersheds" refers to catchments or sub catchments
that are 65% impervious or more.
Provision C.3. Page 37 Date: October 14,2009
Municipal Regional Stormwater Permit
Order No. Rl-2009-0074
NPDES No. CAS612008
Provision C.3.
Provision C.3.
However, plans to restore a creek reach may reintroduce the
applicability of HM controls, and would need to be addressed in the
HMP;
(b) A thorough technical description of the methods project proponents
may use to meet the HM Standard. Vallejo Permittees shall use the
same methodologies, or similar methodologies, to those already in use
in the Bay Area to meet the HM Standard. Contra Costa sizing charts
may be used on projects up to ten acres after any necessary
modifications are made to the sizes to control runoff rates and
durations from ten percent of the pre-project 2-year peak flow to the
pre-project 1 O-year peak flow, and adjustments are made for local
rainfall and soil types;
(c) A description of any land use planning measures the City of Vallejo
will take (e.g., stream buffers and stream restoration activities,
including restoration-in-advance of floodplains, revegetation, and use
of less-impacting facilities at points of discharge) to allow expected
changes in stream channel cross sections, stream vegetation, and
discharge rates, velocities, and/or durations without adverse impacts
on stream beneficial uses;
(d) A description of how the Vallejo Permittees will incorporate these
requirements into their local approval processes, and a schedule for
doing so; and
(e) Guidance for City of Vallejo project proponents explaining how to
meet the HM Standard.
(3) Vallejo Permittees shall complete the HMP according to the schedule
below. All required documents shall be submitted acceptable to the
Executive Officer, except the HMP, which shall be submitted to the Water
Board for approval. Vallejo Permittees shall report on the status of HMP
development and implementation in each Annual Report and shall also
provide a summary of projects incorporating measures to address
Provision C.3.g and the measures used.
• By April 1, 2011, submit a detailed workplan and schedule for
completion of the information required in Provision C.3.g.v.(2).
• By December 1,2011, submit the map required in Provision
C.3.g.v.(2)(a).
• By April 1, 2012, submit a draft HMP.
• By December 1,2012, provide responses to Water Board comments
on the draft HMP so that the final HMP is submitted for Water Board
approval by July 1,2013.
• Upon adoption by the Water Board, implement the HMP, which shall
include the requirements of this measure. Before approval of the HMP
by the Water Board, Vallejo Permittees shall encourage early
implementation of measures likely to be included in the HMP.
Page 38 Date: October 14, 2009
Municipal Regional Stormwater Permit
Order No. Rl-2009-0074
NPDES No. CAS612008
Provision C.3.
C.3.h. Operation and Maintenance of Stormwater Treatment Systems
i. Task Description -Each Permittee shall implement an Operation and
Maintenance (O&M) Verification Program.
ii. Implementation Level-At a minimum, the O&M Verification Program shall
include the following elements:
Provision C.3.
(1) Conditions of approval or other legally enforceable agreements or
mechanisms for all Regulated Projects that, at a minimum, require at least
one ofthefollowing from all project proponents and their successors in
control of the Project or successors in fee title:
(a) The project proponent's signed statement accepting responsibility for
the O&M of the installed onsite,joint, and/or offsite stormwater
treatment system(s) and HM control(s) (if any) until such
responsibility is legally transferred to another entity;
(b) Written conditions in the sales or lease agreements or deed for the
project that requires the buyer or lessee to assume responsibility for
the O&M of the onsite, joint, and/or offsite installed stormwater
treatment system(s) and HM control(s) (if any) until such
responsibility is legally transferred to another entity;
(c) Written text in project deeds, or conditions, covenants and restrictions
(CCRs) for multi-unit residential projects that require the
homeowners association or, ifthere is no association, each individual
owner to assume responsibility for the O&M of the installed onsite,
joint, and/or offsite stormwater treatment system(s) and HM
control(s) (if any) until sllch responsibility is legally transferred to
another entity; or
(d) Any other legally enforceable agreement or mechanism, such as
recordation in the property deed, that assigns the O&M responsibility
for the installed onsite, joint, and/or offsite treatment system(s) and
HM control(s) (if any) to the project owner(s) or the Permittee.
(2) Coordination with the appropriate mosquito and vector control agency
with jurisdiction to establish a protocol for notification of installed
stormwater treatment systems and HM controls.
(3) Conditions of approval or other legally enforceable agreements or
mechanisms for all Regulated Projects that require the granting of site
access to all representatives of the Permittee, local mosquito and vector
control agency staff, and Water Board staff, for the sole purpose of
performing O&M inspections of the installed stormwater treatment
system(s) and HM control(s) (if any).
(4) A written plan and implementation of the plan that describes O&M
(including inspection) of all Regional Projects and regional HM controls
that are Permittee-owned and/or operated.
(5) A database or equivalent tabular format of all Regulated Projects (public
and private) that have installed onsite, joint, and/or offsite stormwater
Page 39 Date: October 14,2009
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Order No. R2~2009-0074
NPDES No. CAS612008
Provision C.3.
treatment systems. This database or equivalent tabular format shall include
the following information for each Regulated Project:
(a) Name and address of the Regulated Project;
(b) Specific description of the location (or a map showing the location) of
the installed stormwater treatment system(s) and HM control(s) (if
any);
(c) Date(s) that the treatment system(s) and HM controls (if any) is/are
installed;
(d) Description of the type and size of the treatment system(s) and HM
control(s) (if any) installed;
( e) Responsible operator( s) of each treatment system and HM control (if
any);
(f) Dates and findings of inspections (routine and follow-up) of the
treatment system(s) and HM control(s) (if any) by the Permittee; and
(g) Any problems and corrective or enforcement actions taken.
(6) A prioritized plan for inspecting all installed stormwater treatment systems
.-~~ -anu-HM controls. At a minimum, this prioritized plan must specify the
following for each fiscal year:
(a) Inspection by the Permittee of all newly installed stormwater
treatment systems and HM controls within 45 days of installation to
ensure approved plans have been followed;
(b) Inspection by the Permittee of at least 20 percent of the total number
(at the end of the preceding fiscal year) of installed stormwater
treatment systems and HM controls;
( c) Inspection by the Permittee of at least 20 percent of the total number
(at the end of the preceding fiscal year) of installed vault-based
systems; and
(d) Inspection by the Permittee of all installed stormwater treatment
systems subject to Provision C.3, at least once every five years.
iii. Maintenance Approvals: The Permittees shall ensure that onsite, joint, and
offsite stormwater treatment systems and HM controls installed by Regulated
Projects are properly operated and maintained for the life of the projects. In
cases where the responsible party for a stormwater treatment system or HM
control has worked diligently and in good faith with the appropriate State and
federal agencies to obtain approvals necessary to complete maintenance
activities for the treatment system or HM control, but these approvals are not
granted, the Permittees shall be deemed to be in compliance with this Provision.
Permittees shall ensure that constructed wetlands installed by Regulated Projects
and used for urban runoff treatment shall abide by the Water Board's Resolution
No. 94-102: Policy on the Use of Constructed Wetlands for Urban Runoff
Pollution Control and the O&M requirements contained therein.
Provision C.3.
Due Date for Full Implementation: Immediate for Provisions C.3.h.i,
C.3.h.ii.(1), and C.3.h.iii, and December 1,2010, for Provisions C.3.h.ii.(2)-(6).
For Vallejo Permittees: December 1,2010, for Provisions C.3.h.i-iii.
. Page 40 Date: October 14, 2009
Municipal Regional Stormwater Permit
Order No. R2-2009-0074
NPDES No. CAS612008
Provision C.3.
iv. Reporting: Beginning with the 2010 Annual Report
(1) For each Regulated Project inspected during the reporting period (fiscal
year) the following information shall be reported to the Water Board
electronically in tabular form as part of the Annual Report (as set forth in
the Provision C.3.h. Sample Reporting Table attached):
• Name of facility/site inspected.
• Location (street address) of facility/site inspected.
• Name of responsible operator for installed stormwater treatment
systems and HM controls.
• For each inspection:
• Date of inspection.
• Type of inspection (e.g., initial, annual, follow-up, spot).
• Type( s) of stormwater treatment systems inspected (e. g., swale,
bioretention unit, tree well, etc.) and an indication of whether the
treatment system is an onsite, joint, or offsite system.
• Type of HM controls inspected.
• Inspection findings or results (e.g., proper installation, proper
operation and maintenance, system not operating properly because
of plugging, bypass of stormwater because of improper
installation, maintenance required immediately, etc.).
• Enforcement action(s) taken, if any (e.g., verbal warning, notice of
violation, administrative citation, administrative order).
(2) On an annual basis, before the wet season, provide a list of newly installed
(installed within the reporting period) stormwater treatment systems and
HM controls to the local mosquito and vector control agency and the
Water Board. This list shall include the facility locations and a description
of the stormwater treatment measures and HM controls installed.
(3) Each Permittee shall report the following information in the Annual
Report each year:
(a) A discussion of the inspection findings for the year and any common
problems encountered with various types of treatment systems andlor
HM controls. This discussion should include a general comparison to
the inspection findings from the previous year.
(b) A discussion of the effectiveness of the Permittee's O&M Program
and any proposed changes to improve the O&M Program (e.g.,
changes in prioritization plan or frequency of O&M inspections, other
changes to improve effectiveness of program).
C.3.i. Required Site Design Measures for Small Projects and Detached Single-Family
Home Projects
i. Task Description -The Permittees shall require all development projects,
which create and/or replace ~ 2500 ft2 to < 10,000 ft2 of impervious surface, and
Provision C.3. Page 41 Date: October 14, 2009
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NPDES No. CAS612008
Provision C.3.
detached single-family home projects, 10 which create and/or replace 2,500
square feet or more of impervious surface, to 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 andlor uncovered parking lots onto
vegetated areas.
• Construct sidewalks, walkways, andlor patios with penneable
surfaces?
• Construct bike lanes, driveways, andlor uncovered parking lots with
penneable surfaces.3
This provision applies to all development projects that require approvals andlor
pennits issued under the Pennittee's' planning, building, or other comparable
authority.
ii. Implementation Level-All elements of this task shall be fully implemented by
December 1,2012.
iii. Reporting -On an annual basis, discuss the implementation of the requirements
of Provision C.3.i, including ordinance revisions, pennit conditions,
development of standard specifications andlor guidance materials, and staff
training.
iv. Task Description -The Pennittees shall develop standard specifications for lot
scale site design and treatment measures (e.g., for roof runoff and paved areas)
as a resource for single-family homes and small development projects.
v. Implementation Level-This task may be fulfilled by the Pennittees
cooperating on a countywide or regional basis.
Due Date for Full Implementation -December 1,2012.
vi. Reporting -A report containing the standard specifications for lot-scale
treatment BMPs shall be submitted by December 1,2012.
10 Detached single-family home project -The building of one single new house or the addition and/or
replacement of impervious surface to one single existing house, which is not part ofa larger plan of
development.
Provision C.3. Page 42 Date: October 14,2009