21 Stormwater & Watershed
ORDINANCE NO. 06-1982
DRAFT
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING CHAPTER 9.18 OF THE
CUPERTINO MUNICIPAL CODE - STORMW A TER POLLUTION PREVENTION AND
WATERSHED PROTECTION
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION I
Amendments
Chapter 9.18 of the Cupertino Municipal Code, entitled Stormwater Pollution Prevention and
Watershed Protection, is hereby amended to read as follows:
9.18.010 - Purpose of Chapter
The U.S. Environmental Protection Agency has identified urban storm water runoff
as the leading cause of water pollution in the United States. Furthermore, both
federal and state agencies have identified storm water runoff as a major source of
pollution adversely impacting the beneficial uses of the South San Francisco Bay. As
a result, the California Regional Water Quality Control Board, San Francisco Bay
Region, has issued the City of Cupertino a National Pollutant Discharge Elimination
System ("NPDES") permit. The NPDES permit requires that the City of Cupertino
implement a Storm Water Management Program to control storm water runoff so that
it does not cause or contribute to a violation of the water quality standards of South
San Francisco Bay.
The purpose of this Chapter is, therefore, to protect health, life, resources and
property by providing minimum requirements designed to control the discharge of
pollutants into the City of Cupertino's storm drain system and to assure that
discharges from the City of Cupertino storm drain system comply with applicable
provisions of the Federal Clean Water Act and National Pollutant Discharge
Elimination System Permit No. CA00297 I 8. Enactment of this Chapter falls within
the scope of the City of Cupertino police powers to protect the health, safety, and
welfare of its residents. Nothing in this Chapter is intended to preclude more
stringent federal or state regulation of any activity covered by this Chapter.
9.18.020 - Def'mitions
Replace the Definitions section in Chapter 9. I 8.020 with the following.
For the purposes of this chapter, the following words and phrases shall have the meanings
ascribed to them by this section, unless the context or the provision clearly requires
otherwise.
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1. APPLICANT. Any person, firm, or governmental agency who executes the
necessary forms to procure official approval of a project or a permit to carry out
construction of a project.
2. BEST MANAGEMENT PRACTICE (BMP). A structural device or nonstructural
practice designed to temporarily store and/or treat stormwater runoff in order to
reduce pollution, mitigate flooding and provide other amenities.
3. CITY. All the territory lying within the municipal boundaries of the City of
Cupertino, as presently existing, plus all territory which may be added thereto during
the effective term of the ordinance codified in this chapter.
4. COMMERCIAL VEHICLE WASHING FACILITY. A commercial facility
where vehicle washing is a primary business activity. Commercial vehicle washing
facilities include, but are not limited to, mobile washing rigs.
5. COOLING SYSTEM. The pipes, heat exchangers and other appurtenances used to
convey cooling water in cooling towers, direct contact cooling systems and similar
fixed cooling systems. Multiple units of a cooling water system serving a building or
piece of equipment are considered as one system if the cooling water distribution
system units are physically connected.
6. DEEMED COMPLETE. The City reviews development applications within 30 days
of submittal to determine whether all the required information has been provided and
the application can be "deemed complete" and accepted. If the application submittal
is incomplete, staff sends a letter to the applicant indicating that the application is
"deemed incomplete" and lists the items needed to complete the application. If the
Planning Division's written determination is not made within 30 days after receipt of
the application, under State Law, it is deemed "complete" and staff proceeds with
processing the application.
7. DEVELOPMENT. A land development or land development project.
8. DIRECTOR OF PUBLIC WORKS. The Director ofpublic Works and his or her
duly authorized agents and representatives.
9. DIRECTOR OF COMMUNITY DEVELOPMENT. The Director of Community
Development and his or her duly authorized agents and representatives.
10. EASEMENT. A grant or reservation by the owner ofland for the use of such land
by others for a specific purpose or purposes, and which must be included in the
conveyance of land affected by such easement.
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11. EROSION AND SEDIMENTATION CONTROL PLAN. A plan designed to
minimize the accelerated erosion and sediment runoff at a site during land disturbance
activities.
12. EXISTING CONDITIONS. Refers to the conditions that exist on a site before the
commencement of a land development project and at the time the City of Cupertino
approves plans for the land development of a site. Where phased development or
plan approval occurs (preliminary grading, roads and utilities, etc.), the existing
conditions are considered those at the time before the first item being approved or
permitted.
13. FLEET WASHING FACILITY. A facility for washing vehicles at a location
where a business maintains six or more vehicles.
14. FOOD SERVICE FACILITY. Any nonresidential establishment that uses or
generates grease when preparing food. Food service facility does not include any
facility that prepares food for off-site cooking and consumption, or any facility that
does not use, generate, or dispose of grease in cooking or preparing food.
15. GREASE. Includes fats, oils, waxes, or other related constituents. Grease may be of
vegetable or animal origin, including butter, lard, margarine, vegetable fats and oils,
and fats in meats, cereals, seeds, nuts and certain fruits. Grease may also be of
mineral origin, including kerosene, lubricating oil, and road oil.
16. GREASE REMOVAL DEVICE. An interceptor, trap or other mechanical device
designed, constructed and intended to remove, hold or otherwise prevent the passage
of grease to the sanitary sewer.
17. GROUP 1 PROJECT. Per the definition in the City's NPDES Municipal
Stormwater Discharge Permit, any private land development or redevelopment
project or any public roadway project creating or replacing 43,560 ft2 (one acre) or
more of impervious surface. The following types of projects are exempt from the
Group 1 Project requirements.
a) single-family homes not part of a larger common plan of development;
b) sidewalks,;.
c) bicycle lanes;
d) trails;
e) bridge accessories;
f) guardrails;
g) landscape features;
h) interior remodels; and
i) routine maintenance or repair including roof or exterior surface replacement,
pavement resurfacing, repaving and road pavement structural section
rehabilitation within the existing footprint, and any other reconstruction work
within a public street or road right-of-way where both sides of that right-of-way
are developed.
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18. GROUP 2A PROJECT. Per the definition in the City's NPDES Municipal
Stormwater Discharge Permit, the same as the Group 1 Project definition, except that
the size threshold of impervious area for new and Significant Redevelopment projects
is reduced from 43,560 ft2 (one acre) to 10,000 square feet and the project is one of
the following land use categories:
a) Gas stations;
b) Auto wrecking yards;
c) Loading docks and surface parking lots containing 10,000 square feet or more of
impervious surface area; and
d) Vehicle or equipment maintenance areas (including washing and repair), outdoor
handling or storage of waste or hazardous materials, outdoor manufacturing
area(s), outdoor food handling or processing, outdoor animal care, outdoor
horticultural activities, and various other industrial and commercial uses where
potential pollutant loading cannot be satisfactorily mitigated through other post-
construction source control and site design practices.
18-1. GROUP 2B PROJECT. Per the definition in the City's NPDES Municipal
Stormwater Discharge Permit, the same as the Group 1 Project definition, except that
the size threshold of impervious area for new and Significant Redevelopment projects
is reduced from 43,560 ft2 (one acre) to 10,000 square feet.
19. HAZARDOUS MATERIAL. Any material so designated by Chapter 101 of this
code.
20. HYDROMODIFICA TION. Changes to the storm water runoff characteristics of a
watershed caused by changes in land use. Hydromodification can increase the
velocity, volume, and duration of storm water runoff and intensify sediment transport.
These changes increase the erosion potential of the receiving watercourse. Problems
resulting from hydromodification include channel scouring, bank undercutting, and
channel widening and deepening.
21. HYDROMODIFICA TION MANAGEMENT BMPS. Any combination of on-site,
off-site, and in-stream control measures incorporated into specified development and
redevelopment projects in order to reduce stormwater runoff so as to not cause an
increase in the erosion potential of the receiving watercourse over the pre-project
condition, in accordance with the City's NDPES Municipal Storm Water Discharge
permit and the SCVURPPP Hydromodification Management Plan.
22. HYDROMODIFICATION MANAGEMENT PLAN (HMP). A comprehensive
plan to control hydromodification by maintaining the pre-project stream erosion
potential. The HMP is required by the City's NDPES Municipal Storm Water
Discharge permit. The HMP contains thresholds for project applicability and
guidance on selecting and designing best management practices to control
hydromodification.
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23. ILLICIT CONNECTION. The unauthorized connection of a wastewater stream to
storm sewers.
24. IMPERVIOUS SURFACE. A surface composed of any material that significantly
impedes or prevents the natural infiltration of water into soil. Impervious surfaces
include, but are not limited to, rooftops, buildings, streets and roads, and any concrete
or asphalt surface.
25. LAND DEVELOPMENT ACTIVITIES. Those actions or activities that comprise,
facilitate or result in land development.
26. LOADING DOCK. The area of a facility intended for the loading and unloading of
trucks, plus an additional radius of ten feet.
27. MAXIMUM EXTENT PRACTICABLE. The maximum degree of pollution
reduction that is achievable by applying best management practices, taking into
account the best available technology, cost effectiveness and other competing issues
such as human safety and welfare, endangered and threatened resources, historic
properties and geographic features.
28. NEW DEVELOPMENT. A land development activity on a previously undeveloped
site.
29. NPDES MUNICIPAL STORMWATER DISCHARGE PERMIT. A National
Pollution Discharge Elimination System permit issued to the City of Cupertino by the
Regional Water Quality Control Board, San Francisco Bay Region.
30. NUMERIC BMP SIZING CRITERIA. Requirements for designing stormwater
treatment BMPs that are included in the City's NPDES Municipal Stormwater
Discharge Permit and more specifically described in the Santa Clara Valley Urban
Runoff Pollution Prevention Program's "Guidance for Implementing Stormwater
Regulations for New and Redevelopment Projects."
31. OILIWATER SEPARATOR. A receptacle designed and constructed to intercept,
separate, and prevent the passage of oils and sediments into the sewer system.
32. ON-SITE STORMWATER TREATMENT FACILITY. A stormwatertreatment
facility located within the boundaries of the site.
33. OPERATION AND MAINTENANCE AGREEMENT. A written agreement
providing for the long-term operation and maintenance of stormwater management
facilities and practices on a site or with respect to a land development project, which
when properly recorded in the deed records constitutes a restriction on the title to a
site or other land involved in a land development project.
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34. OWNER. The legal or beneficial owner of a site, including but not limited to, a
mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person,
firm or corporation in control of the site.
35. PERMIT. The pennit issued by the City of Cupertino to the applicant required for
undertaking any land development activity.
36. PERSON. Any person, firm, association, organization, partnership, business trust,
joint venture, corporation or company, and includes the United States, the State of
California, the County of Santa Clara, special purpose districts and any officer or
agency thereof.
37. POST-DEVELOPMENT. Refers to the time period, or the conditions that may
reasonably be expected or anticipated to exist, after completion of the land
development activity on a site as the context may require.
38. REDEVELOPMENT. A land development project on a previously developed site,
excluding ordinary maintenance activities, interior remodeling of existing buildings,
resurfacing of paved areas, and exterior changes or improvements which do not
materially increase or concentrate stormwater runoff, or cause additional stormwater
runoff pollution.
39. RUNOFF. Stormwater runoff.
40. RUNON. Stormwater flow entering a specific location from elsewhere on or off the
site.
41. SANITARY SEWAGE OR SEWAGE. Water-carried wastes from residences,
business property, institutions and industrial property excluding ground water, surface
water, and storm waters.
42. SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION
PROGRAM (SCVURPPP). The Santa Clara Valley Urban Runoff Pollution
Prevention Program is an association of thirteen cities and towns in the Santa Clara
Valley, together with Santa Clara County and the Santa Clara Valley Water District.
Program participants, referred to as Co-pennittees, share a common Municipal
NPDES permit to discharge stormwater to South San Francisco Bay.
43. SECONDARY CONTAINMENT. The level of containment external to and
separate from the primary containment.
44. SEWER SYSTEM OR SANITARY SEWER SYSTEM. All sewers and other
facilities for carrying, collecting, treating, and disposing of sanitary sewage.
45. SITE. Any tract, lot or parcel of land or combination of tracts, lots, or parcels of
land, which are in one ownership, or are contiguous and in diverse ownership where a
development is to be performed as part of a unit, subdivision, or project.
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46. SITE DESIGN BMPS. Nonstructural techniques designed to reduce the amount of
runoff by decreasing the amount of impervious surface, infiltrating runoff into the soil
and/or temporary detention. Examples of site design BMPs include narrower streets,
permeable pavement, and shared driveways.
47. SOURCE CONTROL BMPS. Structural measures or nonstructural practices used
to eliminate contact between rainfall and potential source of contamination.
Examples include covered materials handling areas, parking lots sweeping, and sewer
clean-outs installed adjacent to new swimming pools.
48. STORM DRAIN. Any pipe, conduit or sewer of the city designed or used for the
disposal of storm and surface waters and drainage including unpolluted cooling water
and unpolluted industrial process water, but excluding any community sanitary sewer
system.
49. STORMW A TER DISCHARGE. Any discharge from land that results or probably
will result in a discharge into watercourses. The discharges represent a process
whereby pollutants, debris and chemicals generated from various land uses
accumulate on streets, construction sites, parking lots and other exposed surfaces and
are washed off and carried away by stormwater runoff into watercourses. The major
pollutants of concern in these discharges are heavy metals, sediments, petroleum
hydrocarbons, organochlorine, pesticides and toxics.
50. STORMWATER MANAGEMENT. The collection, conveyance, storage,
treatment and disposal of stormwater runoff in a manner intended to prevent
increased flood damage, streambank channel erosion, habitat degradation and water
quality degradation, and to enhance and promote the public health, safety and general
welfare.
51. STORMW A TER MANAGEMENT FACILITY. Any infrastructure that controls,
treats or conveys stormwater runoff.
52. STORMW ATER MANAGEMENT PLAN. A document describing how existing
runoff characteristics will be affected by a land development project and containing
measures for complying with the provisions of this ordinance.
53. STORMWATER TREATMENT BMPS. Structural measures designed to reduce
stormwater pollution by capturing and treating runoff. Examples include detention
basins, vegetated swales and media filters.
54. STORMW A TER POLLUTION PREVENTION PLAN. A document identifying
potential stormwater pollutant sources at a construction site, the stormwater source
control BMPs to be used to reduce these pollutants during and after construction and
a description of required BMP monitoring. Generally applies to construction projects
disturbing one or more acres.
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55. STORMW A TER RUNOFF. Water from rain, landscape irrigation, or other sources
that flows over the land surface without entering the soil.
56. UNPOLLUTED WATER. Water to which no constituent has been added, either
intentionally or accidentally, that would render the water unacceptable for disposal to
storm or natural drainages or directly to surface waters.
57. VEHICLE FLUID. A liquid used in or drained from a motor vehicle. Vehicle
fluids include, but are not limited to, gasoline, diesel fuel, motor oil, brake fluid,
radiator fluid, hydraulic fluid, transmission fluid, and coolant.
58. VEHICLE SERVICE FACILITY. A commercial or industrial facility that
conducts one or more of the following operations with respect to vehicles or
components of vehicles: vehicle repair, fuel dispensing, vehicle fluid replacement,
engine and parts cleaning, body repair, vehicle salvage and wrecking, or vehicle
washing.
59. WASTE. Sewage and soil from erosion and any and all other waste substances,
liquid, solid, gaseous or radioactive, associated with human habitation, or of human
or animal origin, or from any producing, manufacturing or processing operation of
whatever nature, including waste placed within containers of whatever nature prior to,
and for purposes of, disposal.
60. WATERCOURSE. Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine or wash, in and including any
adjacent area that is subject to inundation from overflow or flood water.
61. WATER QUALITY IMPACT. Any deleterious effect on waters or wetlands,
including their quality, quantity, surface area, species composition, aesthetics or
usefulness for human or natural uses that are or may potentially be harmful or
injurious to human health, welfare, safety or property, to biological productivity,
diversity, or stability or which unreasonably interfere with the enjoyment oflife or
property, including outdoor recreation.
9.18.030 - Limitations on Point of Discharge
No person shall discharge any substance directly into a manhole or other opening in a
City storm drain other than through a city approved storm drain connection.
9.18.040 - Discharge into the Storm Drain Prohibited
A. It shall be unlawful to discharge, or cause, allow, or pennit to be discharged into any
storm drain or natural outlet or channel all waste, including but not restricted to,
sewage, industrial wastes, petroleum products, coal tar or any refuse substance arising
from the manufacture of gas from coal or petroleum, chemicals, detergents, solvents,
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paints, contaminated or chlorinated swimming pool water, pesticides, herbicides and
fertilizers.
B. It is unlawful to cause hazardous materials, domestic waste or industrial waste to be
deposited in such a manner or location as to constitute a threatened discharge into
storm drains, gutters, creeks or San Francisco Bay. A "threatened discharge" is a
condition creating a substantial probability of harm, when the probability and
potential extent of harm make it reasonably necessary to take immediate action to
prevent, reduce or mitigate damages to persons, property or natural resources.
Domestic or industrial wastes that are no longer contained in a pipe, tank or other
container are considered to be threatened discharges unless they are actively being
cleaned up.
C. The Director of Public Works may require that unpolluted cooling water or other
unpolluted water be discharged into a natural outlet. However, allowable discharges
shall not cause any impairment in the beneficial uses or quality of water of the state as
defined in the California Water Code or any special requirements of the Regional
Water Quality Control Board, San Francisco Bay Region or to injure or interfere with
the operation of the State's watercourses. City may, from time to time, by resolution
of the City Council adopt supplementary rules and regulations on discharge into any
storm drain or natural outlet or channel which shall have the same force and effect as
if set forth herein and for which the remedies herein for violation shall be applicable.
9.18.050 - Public Nuisance
The discharge ofunscreened garbage, fruit, vegetable, animal or other solid industrial
wastes into any storm drain or natural outlet or channel, in violation of any provision
of this Chapter, is hereby declared to be a public nuisance and shall be handled in the
same manner as provided in Chapter 1.09 of this Code.
9.18.060 - Protection From Accidental Discharge
Each person shall provide protection from accidental discharge of prohibited
materials or other wastes regulated by this Chapter into any storm drain or natural
outlet or channel. Facilities to prevent accidental discharge of prohibited materials
shall be provided and maintained at the user's expense.
9.18.070 - Accidental Discharge -Notification of Discharge
All persons shall notify the Director of Public Works by telephone immediately upon
accidentally discharging wastes to enable countermeasures to be taken by the City to
minimize damage to storm drains and the receiving waters. This notification shall be
followed, within ten (10) days of the date of occurrence, by a detailed written
statement describing the causes of the accidental discharge and the measures being
taken to prevent future occurrences. Such notification will not relieve persons of
liability for violations of this Chapter or for any fines imposed on the city on account
thereof under Section 13350 of the California Water Code, or for violation of Section
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5650 of the California Fish and Wildlife Code, or any other applicable provisions of
State or Federal laws.
9.18.080 - Discharge Permitted Pursuant to NPDES Permit
The provisions of this Chapter shall not prohibit any discharge in compliance with a
valid NPDES permit issued to the discharger.
9.18.090 - Stormwater Pollution Prevention Plan
Storm water pollution prevention plans (SWPPPs) shall be prepared and made
available at construction sites for all projects disturbing a soil area of one (1) or more
acres. Preparation of the SWPPP shall be in accordance with the most recent versions
of the "Guidelines for Construction Projects," published by the San Francisco Bay
Region of the California Regional Water Quality Control Board, the California BMP
Handbooks, and the City of Cupertino "Construction BMP Selection Matrix."
9.18.100 - Permanent Storm Water Pollution Prevention Measures Required
A. Site Design and Source Control BMP Requirements
All development and redevelopment projects shall include permanent site design and
source control BMPs in order to reduce the water quality impacts of stormwater
runoff from the site for the life of the project.
B. Stormwater Treatment BMP Requirements
I. In addition to site design and source control BMPs, Group I and Group 2N2B
Projects are required to design and implement permanent stormwater treatment
BMPs sufficient to reduce the water quality impacts of stormwater runoff from
the site for the life of the project.
2. Land development activities that are smaller than the minimum applicability
criteria set forth in this Ordinance for Group I and Group 2N2B projects are
required to design and implement stormwater treatment BMPs, if such activities
are part of a larger common plan of development, even though multiple, separate
and distinct land development activities may take place at different times on
different schedules.
3. Group 2A projects for which an application to the City has been "deemed
complete" by the Director of Community Development as of October 19, 2005
are not required to implement stormwater treatment BMPs.
4. Group 2B projects for which an application to the City has been "deemed
complete" by the Director of Community Development as of August IS, 2006 are
not required to implement stormwater treatment BMPs.
C. Hydromodification Management BMP Requirements
I. In accordance with the City's NPDES Municipal Stormwater Discharge Permit,
all Group I Projects are required to implement permanent hydromodfication
management BMPs except for the following projects:
a. Projects that do not create an increase in impervious surface over pre-project
conditions.
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b. Transit-oriented developments located within a one-half mile radius of
existing or planned transit stations and/or major transfer points.
c. Projects located in subwatershed areas that are 90% or more built-out and
have more than 65% impervious surface
d. Projects that are less than SO acres in total project size that are located in
subwatershed areas that are 90% or more built-out and have less than 65%
impervious surface.
e. Projects that demonstrate, through City-approved stream-specific modeling
studies consistent with the HMP that there will be no increase in erosion
potential or other adverse impact to the beneficial uses to any waters of the
State.
2. Determination of Impracticability
Meeting the HMP requirements will be considered impracticable if the combined
construction cost of both required stormwater treatment and hydromodification
management BMPs' exceeds 2% of the project construction cost (excluding land
costs). If a developer demonstrates that the cost to fully comply with the HMP
and other C.3. treatment requirements will exceed this cost threshold, a
determination may be made by the Director of Public Works that the project shall
comply with the HMP requirements by implementing hydromodification
management controls on-site to the maximum extent practicable and contributing
to an in-stream or off-site solution, if available, up to a maximum cost for all
controls of2% ofthe project cost.
D. Group I and Group 2A12B projects that result in an increase of, or replacement of,
more than fifty (SO) percent of the impervious surface of a previously existing
development shall include permanent BMPs sufficient to reduce water quality
impacts of stormwater runoff from the entire site for the life of the project. These
permanent BMPs shall include site design, source control, stormwater treatment
measures, and if applicable, hydromodification management measures.
E. Group I and Group 2A12B projects that result in an increase of, or replacement of
fifty (SO) percent or less of the impervious surface of a previously existing
development shall include permanent BMPs sufficient to reduce water quality
impacts of stormwater runoff from the increased or replaced portion of the site for the
life of the project. These permanent BMPs shall include site design, source control,
stormwater treatment measures, and if applicable, hydromodification management
measures.
F. No final building or occupancy permit shall be issued without the written certification
of the Director of Public Works that the requirements of this chapter have been
satisfied.
9.18.110 - Design and Selection of Best Management Practices
A. Stormwater pollution prevention best management practices shall be selected and
designed to the satisfaction of the Director of Public Works in accordance with the
I Costs of control measures shall not include land costs. soil disposal fees, hauling, contaminated soil testing,
mitigation, disposal, or other normal site enhancement costs such as landscaping or grading that are required for
other development purposes.
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requirements contained in the most recent versions of the following documents.
I. City of Cupertino BMP Selection Matrices (Construction and Post-Construction);
2. Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP)
"Guidance for Implementing Stormwater Regulations for New and
Redevelopment Projects;"
3. NPDES Municipal Stormwater Discharge Permit issued to the City of Cupertino
by the California Regional Water Quality Control Board, San Francisco Bay
Region;
4. California BMP Handbooks;
5. "Start at the Source" Design Guidance Manual;
6. Bay Area Stormwater Management Agencies Association "Using Site Design
Standards to Meet Development Standards for Stormwater Quality - A
Companion Document to Start at the Source";
7. SCVURPPP Hydromodification Management Plan; and
8. City of Cupertino Planning Procedures Performance Standard.
B. Numeric sizing criteria used to design stormwater treatment BMPs shall be in
accordance with the City's current NPDES Municipal Stormwater Discharge Permit.
I. Stormwater treatment BMPs depending on volume capacity, such as
detention/retention units or infiltration structures, shall be designed to treat
stormwater runoff equal to:
a. The maximized stormwater quality capture volume for the area, based on
historical rainfall records, determined using the formula and volume capture
coefficients set forth in Urban Runoff Quality Management, WEF Manual of
Practice No. 23/ASCE Manual of Practice No. 87, (1998), pages 175-178 (e.g.
approximately the 85th percentile 24-hour storm runoff event); or
b. The volume of annual runoff required to achieve 80 percent or more capture,
determined in accordance with the methodology set forth in Appendix D of
the California Stormwater Best Management Practices Handbookfor New
Development and Redevelopment (2003), using local rainfall data.
2. Stormwater treatment BMPs whose primary mode of action depends on flow
capacity, such as swales, sand filters, or wetlands, shall be sized to treat:
a. 10% of the 50-year peak flow rate; or
b. The flow of runoff produced by rain equal to at least two times the 85th
percentile hourly rainfall intensity for the applicable area, based on historical
records of hourly rainfall; or
c. The flow of runoff resulting from rain equal to at least 0.2 inches per hour
intensity.
9.18.120 - Stormwater Management Plans Required for Group 1 and Group 2A12B
Projects
A. Development Permit Application Requirements
Applications for Group I or Group 2A12B projects must be accompanied by a
Stormwater Management Plan, as required by this ordinance. The Stormwater
Management Plan shall detail how runoff and associated water quality impacts
resulting from the activity will be controlled or managed.
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B. Building Permit Requirements
No building, grading, or erosion and sediment control permit shall be issued until the
Stormwater Management Plan has been reviewed and approved by the Director of
Public Works.
C. Exemptions
Group 2A projects for which an application to the City has been "deemed complete"
by the Director of Community Development as of October 19, 2005 and Group 2B
projects for which an application to the City has been "deemed complete" by the
Director of Community Development as of August 15, 2006are exempt from the
Storm Water Management Plan requirements of this Ordinance.
9.18.130 - Stormwater Management Plan Contents
A. General Requirements for All Group 1 and Group 2N2B Projects
Applicants for all Group 1 and Group 2N2B projects are responsible for submitting a
Stormwater Management Plan that meets the requirements of this Ordinance. The
plan shall include sufficient information to evaluate the environmental characteristics
of affected areas, the potential impacts of the proposed development on water
resources, and the effectiveness and acceptability of measures proposed for managing
stormwater runoff. The minimum information submitted for support of a Stormwater
Management Plan shall be as follows:
1. Common address, parcel number and legal description of the site;
2. Contact information for all persons having a legal interest in the property;
3. Vicinity map;
4. A brief narrative description ofthe project;
5. Geotechnicial investigations including soil maps, borings, site-specific
recommendations, and any additional information necessary for the proposed
stormwater management design;
6. Written or graphic inventory of natural resources existing at the site and in the
surrounding area, including, but not limited to, watercourses, wetlands, and native
vegetative areas;
7. Data for total site area, disturbed area, new and/or replaced impervious surface
area, and total impervious surface area;
8. Topographic survey information showing existing and proposed contours,
including all areas necessary for the post-development hydraulic analyses of
proposed stormwater management facilities;
9. Erosion and sediment control plan, as required by City Code Section 16.08,
Excavation, Grading and Retaining Walls;
10. A list of any other applicable environmental permits that will be required for the
project and the responsible agencies (examples: Santa Clara Valley Water
District, State Department ofFish and Game, Regional Water Quality Control
Board);
11. Hydrologic computations, including drainage area maps depicting existing and
post-development runoff flow paths and land use;
12. Hydraulic computations for existing and post-development conditions;
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Ordinance No. 06-1982
13. A list of all stormwater management facilities and practices to be employed at the
site;
14. A list of any regular on-site cleaning activities to be used as stormwater pollutant
source controls (example: pavement sweeping) and the schedules for these
cleaning activities;
15. Numeric sizing criteria computations for stormwater treatment BMPs according
to the SCVURPPP "Guidance for Implementing Stormwater Regulations for New
and Redevelopment Projects;"
16. Structural and construction details for all components ofthe proposed drainage
system or systems and stormwater management facilities;
17. Landscaping plan showing disposition of existing vegetation and any vegetative
site stabilization and/or landscape-based storm water management measures;
18. Cost estimates for all proposed on-site stormwater management facilities for the
purpose of calculating the amount of any required performance bonds and
determining BMP practicability;
19. BMP operation and maintenance procedures, including maintenance tasks,
inspection and maintenance schedule, the parties responsible for BMP operation
and maintenance, funding mechanisms for on-going operation and maintenance
and access and safety issues;
20. Certification by the owner/developer that all stormwater management
construction will be done according to this Stormwater Management Plan;
21. An as-built certification signature block to be executed by the responsible
registered civil engineer after project completion; and
22. Any other information as may be required by the Director of Public Works.
B. HMP-Related Requirements
The following must be included in the Storm Water Management Plan for any Group
1 project that may be subject to HMP requirements (as discussed in Provision
9.18.100 of this Ordinance).
1. An explanation of the applicability of hydro modification management
requirements based on the "Applicability and Requirements Flow Chart" ofthe
HMP.
2. Hydrologic and hydraulic calculations for any hydromodification management
BMPs with an explanation of how these BMPs will function as the required flow
controls.
3. If the applicant is applying for an exemption from HMP requirements, hydraulic
calculations and construction cost data must be submitted as justification. This
information shall be prepared by a qualified professional civil engineer registered
in the State of California.
9.18.140 - Preparation of the Stormwater Management Plan
A. Group 1 Projects
Stormwater Management Plans submitted for any Group 1 project shall be prepared
under the direction of a professional civil engineer registered in the State of
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Ordinance No. 06-1982
California. The responsible professional civil engineer shall stamp and sign the
approved Stormwater Management Plan.
B. Group 2A12B Projects
The Stormwater Management plan submitted for any Group 2A12B project shall be
prepared under the direction of a professional civil engineer or landscape architect
registered in the State of California. The responsible professional shall stamp and
sign the approved Stormwater Management Plan.
C. The Director of Public Works may require a developer to provide a signed
certification from the civil engineer or landscape architect responsible for preparing
the Stormwater Management Plan that all stormwater best management practices
have been designed to meet the requirements of this Ordinance. Each certifYing
professional shall establish to the City's satisfaction that such person has been trained
on the design of stormwater quality best management practices not more than three
(3) years prior to the certification signature date. QualifYing training shall be
conducted by an organization with stormwater quality management expertise, such as
a university, the Bay Area Stormwater Management Agencies Association, the
American Society of Civil Engineers, the American Public Works Association, or the
California Water Environment Association.
9.18.150 - Stormwater BMP Operation and Maintenance Responsibility
A. For the life of the project, all on-site stormwater management facilities shall be
operated and maintained in good condition and promptly repaired by the property
owner(s), an Owners' or Homeowners' Association or other legal entity approved by
the City.
B. Any repairs or restoration and maintenance shall be in accordance with City-approved
plans.
C. The property owner(s) of Group 1 and Group 2A12B projects shall develop a
maintenance schedule for the life of any stormwater management facility and shall
describe the maintenance to be completed, the time period for completion, and who
shall perform the maintenance. This maintenance schedule shall be included with the
project's approved Stormwater Management Plan.
9.18.160 - Stormwater BMP Operation and Maintenance Agreement
A. Prior to the issuance of any building permit a Group 1 or Group 2A12B project, the
owner(s) of the site shall enter into a formal written stormwater BMP operation and
maintenance agreement with the City. The City shall record this agreement, against
the property or properties involved, with the County of Santa Clara and it shall be
binding on all subsequent owners of land served by the stormwater management
treatment BMPs.
B. The stormwater BMP operation and maintenance agreement shall require that the
BMPs not be modified and that BMP maintenance activities not alter the designed
function ofthe facility from its original design unless approved by the City prior to
the commencement of the proposed modification or maintenance activity.
C. The stormwater BMP operation and maintenance agreement shall provide that in the
event that maintenance or repair is neglected, or the stormwater management facility
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Ordinance No. 06-1982
becomes a danger to public health or safety, the City shall have the authority to
perform maintenance and/or repair work and to recover the costs from the owner.
D. The owner shall provide the City with three signed copies of the recorded stormwater
BMP operation and maintenance agreement.
Stormwater BMP Inspection Responsibility
A. The property owner(s) of Group 1 and Group 2A12B projects shall be responsible for
having all stormwater management facilities inspected for condition and function by a
knowledgeable party.
B. Unless otherwise required by the City, stormwater facility inspections shall be done at
least twice per year, once in fall, in preparation for the wet season, and once in winter.
Written records shall be kept of all inspections and shall include, at minimum, the
following information:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List of stormwater facilities inspected;
5. Condition of each stormwater facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site reinspection
9.18.180 - Records of Maintenance and Inspection Activities
On or before April 15th of each year, the party responsible for the operation and
maintenance of on-site stormwater management facilities Group 1 or Group 2A12B
projects shall provide the City with records of all inspections, maintenance and
repairs.
9.18.190 - Failure to Maintain
A. If the responsible party fails or refuses to meet the requirements of the stormwater
BMP operation and maintenance agreement, the City, after thirty (30) days written
notice, may correct a violation of the design standards or maintenance requirements
by performing the necessary work to place the facility or practice in proper working
condition.
B. In the event the City determines that the violation constitutes an immediate danger to
public health or public safety, 24 hours written notice from the City shall be
sufficient.
C. The City may assess the owner( s) of the property for the cost of repair work and any
penalties. This may be accomplished by placing a lien on the property, which may be
placed on the tax bill for such property and collected in the ordinary manner for such
taxes.
9.18.200 - Inspection and Maintenance Easement
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Ordinance No. 06-1982
A. The City shall have access to all on-site stormwater treatment facilities for the
purpose of inspection and repair. This includes the right to enter a property when the
City has a reasonable basis to believe that a violation of this ordinance is occurring or
has occurred and to enter when necessary for abatement of a public nuisance or
correction of a violation of this ordinance.
B. Prior to the issuance of a building permit for a Group I or Group 2A12B project, the
applicant/owner shall secure the necessary inspection and maintenance easement(s)
on a permanent basis. The terms of the inspection and maintenance easement shall
allow the City to enter the property at reasonable times and in a reasonable manner
for the purpose of inspection and repair.
C. The inspection and maintenance easement will be recorded by the City with the
stormwater BMP operation and maintenance agreement and will remain in effect
even with transfer of title to the property.
D. The owner shall provide the City with three signed copies of the recorded inspection
and maintenance easement.
9.18.210 - Stormwater Pollutant Source Control BMPs
A. Storm Drain Inlet Labeling
Storm drain inlets shall be clearly marked with the words "No Dumping - Flows to
Bay," or equivalent.
B. Drains and Drain Lines
I. Interior floor drains shall not be connected to the storm drain system.
2. Exterior drains within the following areas shall not be connected to the storm
drain:
a. Equipment or vehicle washing areas;
b. Areas where chemicals, hazardous materials, or other uncontained materials
are stored unless secondary containment is provided;
c. Equipment or vehicle fueling areas or fluid changing areas;
d. Loading docks where chemicals, hazardous materials, grease, oil, or waste
products are handled.
3. Roof runoff shall be directed to landscaped areas unless deemed infeasible by the
Director of Public Works. Upon approval of the Director of Public Works,
projects located in hillside areas may be exempt from these requirements.
4. Nonresidential facilities shall either: (a) provide secondary containment for all
roof-mounted equipment, tanks, and piping containing liquids other than potable
water; or (b) connect all roof drains and equipment discharge lines to the sanitary
sewer.
5. Boiler drain lines shall be connected to the sewer system and may not be
discharged to the storm drain system.
6. Cooling systems shall not be connected or allowed to drain to the storm drain
system.
7. Condensate lines shall not be connected or allowed to drain to the storm drain
system.
C. Pool and Spa Discharges
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Ordinance No. 06-1982
1. It shall be unlawful to discharge water from pools and spas to the storm drain
system.
2. When draining a pool, a hose or other temporary system shall be directed into a
sewer (not storm drain system) clean out.
3. For swimming pools, a sewer clean out shall be installed in a readily accessible
area, within ten (10) feet of the pool edge, if possible.
4. De-chlorinated spa discharges may be directed to landscaped areas, providing this
does not generate runoff to the storm drain system.
D. Vehicle and Equipment Fueling Facilities
Vehicle or equipment fueling facilities shall be designed to prevent the runon of
stormwater and runoff of spills. This shall be accomplished by:
1. Paving the fueling area with concrete or other impervious surface;
2. Covering the fueling area and extending the cover a minimum often (10) feet
beyond the fuel pumps in the directions of vehicle or equipment access and
egress; and
3. Grading the area (sloped inward) or installing a berm or curb around the perimeter
of the fueling area. Storm drains shall be prohibited in these fueling areas.
E. Vehicle Service Facilities
1. No person shall dispose of, nor permit the disposal, directly or indirectly, of
vehicle fluids, hazardous materials, or rinsewater from parts cleaning operations
into storm drains.
2. All owners and operators of vehicle service facilities shall ensure that any vehicle
fluid, hazardous material, or rinsewater from parts cleaning operations that comes
into contact with any floor, pavement or ground surface is cleaned up
immediately from such surface.
3. No tanks, containers or sinks used for parts cleaning or rinsing shall be connected
to the storm drain system.
4. No person shall perform vehicle fluid removal outside a building, nor on asphalt
or ground surfaces, whether inside or outside a building, except in such a manner
as to ensure that any spilled fluid will be in an area of secondary containment.
5. Leaking vehicle fluids shall be contained or drained immediately.
6. No person shall leave unattended drip parts or other open containers containing
vehicle fluid, unless such containers are in use or in an area of secondary
containment.
7. No person shall discharge wastewater from vehicle washing operations or wash
racks to a storm drain, or onto the ground.
8. No person shall discharge water from vehicle washing operations into the storm
drain, except that used for rinsing of vehicle exterior surfaces with water to
remove only atmospheric dust deposited on a vehicle when not in use. This
exception does not apply to commercial vehicle washing facilities or fleet
washing.
9. Vehicle service facilities shall be cleaned using only those methods of cleaning
that ensure that no materials are discharged to the storm drain
10. All owners and operators of vehicle service facilities shall ensure that spill
prevention and clean-up equipment and absorbent materials are kept in stock at all
times and are readily available for use.
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Ordinance No. 06-1982
11. No acid-containing batteries shall be stored except within secondary containment.
12. All owners and operators of vehicle service facilities shall post or cause to be
posted signs on all storm drains located on the property ofthe facility notifying
persons that the discharge of waste into the storm drain is illegal.
F. Food Service Facilities
1. Food service facilities shall have a sink or other area for cleaning floor mats,
containers, and equipment, which is connected to a grease removal device and the
sanitary sewer. The sink or cleaning area shall be large enough to clean the
largest mat or piece of equipment to be cleaned.
2. New buildings constructed to house food service facilities shall include a covered
area for a dumpster. The area shall be designed to prevent water runon to the area
and runoff from the area.
3. Drains that are installed beneath dumpsters serving food service facilities shall be
connected to a grease removal device.
G. Parking Garages
1. If installed, parking garage floor drains on interior levels shall be not be
connected to the storm drain, but to an oil/water separator prior to discharging to
the sanitary sewer system.
2. Parking garage oil/water separators shall have a minimum capacity of 100
gallons.
3. The parking garage oil/water separator shall be cleaned at a frequency of at least
once every twelve months or more frequently if recommended by the
manufacturer or as required by the City.
H. Root control chemicals.
No person shall discharge, dispose or add to the storm drain system any substance to
control roots.
1. Dumpsters
1. New buildings, except for single-family and duplex residences, shall provide a
covered-area for a dumpster.
2. The area shall be designed to prevent water runon to the area and runoff from the
area.
3. Dumpsters serving food service facilities shall be designed in accordance with
Section 9.18.200F, above.
J. Multi-Family Residential Vehicle Washing Facilities
1. New residential buildings with 25 or more units shall provide a covered, bermed
area for occupants to wash their vehicles.
2. The vehicle washing area shall be designed to prevent water mnon to the area and
runoff from the area.
3. A drain shall be installed to capture all vehicle washwaters and shall be connected
to an oil/water separator prior to discharge to the sanitary sewer system.
4. Vehicle washing area oil/water separators shall have a minimum capacity of 100
gallons.
5. The oil/water separator shall be cleaned at a frequency of at least once every six
months or more frequently if recommended by the manufacturer or the
superintendent.
K. Copper roofing materials.
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Ordinance No. 06-1982
1. Copper metal roofing, copper granule-containing asphalt shingles and copper
gutters shall not be permitted for use on any residential, commercial or industrial
building for which a building permit is required.
2. Copper flashing for use under tiles or slates and small copper ornaments are
exempt from this prohibition.
9.18.220 - Violation
Any person who violates any proVIsIOn of this Chapter shall be guilty of a
misdemeanor and upon conviction thereof shall be punished as provided in Chapter
1.12 of this Code.
9.18.230 - Civil Penalty For Violation -Payment of Funds to Account
Any person who violates any provision of this Chapter or any provision of any permit
issued pursuant to this Chapter shall be civilly liable to the city in a sum not to exceed
the amounts provided for in Government Code ~~54740 and/or 54740.5. The City
may petition the Superior Court pursuant to Government Code ~54740 to impose,
assess and recover such sums. The civil penalty provided in this section is cumulative
and not exclusive, and shall be in addition to all other remedies available to the City
under State and Federal law and local ordinances. Funds collected pursuant to this
Section shall be paid to City's Environmental Storm Management Account.
9.18.240 - Civil Penalty for Illicit Discharges - Payment of Funds to Account
Any person who discharges pollutants, in violation of this Chapter, by the use of
illicit connections shall be civilly liable to the City in a sum not to exceed Twenty
Five Thousand Dollars ($25,000.00) per day per violation for each day in which such
violation occurs. The City may petition the Superior Court pursuant to Government
Code ~54740 to impose, assess and recover such sums. The civil penalty provided in
this section is cumulative and not exclusive, and shall be in addition to all other
remedies available to the City under State and Federal law and local ordinances.
Funds collected pursuant to this section shall be paid to City's Environmental Storm
Management Account.
9.18.250 - Notice of Violation
Unless the Director of Public Works finds that the severity of the violation warrants
immediate action under Sections 9.18.220, 9.18.230 or 9.18.240 above, or permit
revocation or suspension, he/she shall issue a notice of violation which:
(I) Enumerates the violations found; and
(2) Orders compliance by a certain date.
9.18.260 - Administrative Penalties - Payment of Funds to Account
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Ordinance No. 06-1982
Whenever the City Manager or his/her designee finds that any person has violated
any notice, of violation requiring compliance with any provision of this Chapter, or
has violated any provision of this Chapter, he may assess an administrative penalty in
a sum not to exceed the amounts provided in Government Code 954740.5. The
remedy provided in this Section is cumulative and not exclusive, and shall be in
addition to all other remedies available to the City under State and Federal law and
local ordinances. Funds collected pursuant to this section shall be paid to City's
Environmental Storm Management Account.
9.18.270 - Severability
If any section, subsection, subdivision, sentence, clause, or phrase of this Chapter is
for any reason held to be unconstitutional or otherwise void or invalid, by any court
of competent jurisdiction the validity of the remaining portion of this Chapter shall
not be affected thereby.
Section II
A. Enforcement
The City Clerk is hereby authorized and instructed to file a certified copy of this ordinance upon
its becoming effective with the Sheriff's Office and the County of Santa Clara, State of
California.
Section III
B. Publication
The City Clerk shall cause this ordinance to be published at least once in a newspaper of general
circulation published and circulated in the city within fifteen {IS) days after its passage, in
accordance with 936933 of the Government Code; shall certify to the adoption of this ordinance
and shall cause this ordinance and her certification, together with proof of publication, to be
entered in the Book of Ordinances of the Council of this City.
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Ordinance No. 06-1982
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 6th
day of June, 2006, and ENACTED at a regular meeting of the City Council of the City of
Cupertino this 20th day of June 2006, by the following vote:
Vote: Members of the Citv Council:
AYES:
NOES:
ABSENT:
ABSTAIN :
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
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