Ordinance No. 11-2088 Stormwater Pollution Prevention of Watershed Protection ORDINANCE 1\O. 11-2088
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 9.18 (STORMWATER POLLUTION PREVENTION
AND WATERSHED PROTECTION) OF THE CUPERTINO MUNICIPAL CODE
TO PROVIDE THE LEGAL AUTHORITY AND IMPLEMENT THE
REQUIREMENTS IN THE CITY''S STORMWATER PERMIT
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Code Amendment. Chapter 9.18 of the Cupertino Municipal Code is
hereby amended to read as follows:
CHAPTER 9.18: STORMWATER POLLUTION PREVENTION AND
WATERSHED PROTECTION
9.18.010 Purpose of Chapter.
The U.S. Environmental Protection Agency has identified urban stormwater runoff as
the leading cause of water pollution in the United States. Section 402(p) of the federal
Clean Water Act, as amended by the Water Quality Act of 1987, requires National
Pollution Discharge Elimination System (NPDES) permits for stormwater discharges
from municipal separate storm sewer systems (MS4s), stormwater discharges associated
with industrial activity (including construction activities), and designated stormwater
discharges, which are considered significant contributors of pollutants to waters of the
United States. As a result, the California Regional Water Quality Control Board, San
Francisco Bay Region has issued a Municipal Regional Stormwater Discharge NPDES
permit to the City of Cupertino and to seventy-six other agencies and entities that
discharge stormwater runoff to San Francisco Bay. This Municipal Regional Stormwater
NPDES Permit requires that the City of Cupertino implement a Stormwater Management
Program to prevent exceedances of water quality objectives and ensure that discharges do
not cause, threaten to cause, or contribute to water quality impairment of waters of the
State, specifically local waterways and San Francisco Bay.
The purpose of this chapter is to provide regulations and give legal effect to certain
requirements of the Municipal Regional Permit issued to the City of Cupertino on
October 14, 2009 (Effective December 1, 2009), and to ensure ongoing compliance with
the most recent version of the City of Cupertino's NPDES permit regarding municipal
stormwater and urban runoff requirements. This chapter shall apply to all water entering
the storm drain system generated on any private, public, developed and undeveloped
lands lying within the City. This chapter shall be construed to assure consistency with the
requirements of the Clean Water Act and Porter-Cologne Act and any applicable
implementing regulations, as they exist at the time of enactment or as later amended.
Ordinance No. 11-2088
Enactment of this chapter falls within the goals stated in the City's General Plan,
sections 5-32 through 5-37 (Urban Runoff Pollution) and 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.
9.18.015 Administration.
This chapter shall be administered by the Director of Public Works. Any powers
granted to or duties imposed upon this individual to administer, implement and enforce
the provisions of this chapter may be delegated to other City personnel.
9.18.020 Definitions.
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. Words and phrases not defined in this chapter shall have the
definitions set forth in the Municipal Regional Permit or by the regulations implementing
the National Pollutant Discharge Elimination System, Clean Water Act Section 402, and
Division 7 of the California Water Code, as they currently exist or may be amended.
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. "Applicable site." Any site that could reasonably be considered to cause or
contribute to pollution of stormwater runoff. This definition includes but it not
limited to pollutant sources associated with outdoor process and manufacturing
areas, outdoor material storage areas, outdoor waste storage and disposal areas,
outdoor vehicle and equipment storage and maintenance areas, outdoor parking
areas and access roads, outdoor wash areas, outdoor drainage from indoor areas,
rooftop equipment, contaminated and erodible surface areas, and other sources
determined to have a reasonable potential to contribute to pollution of stormwater
runoff.
3. "Authorized enforcement official." The director of public works or the director's
designees.
4. "Best management practice." ("BMP") A structural device, measure, facility, or
activity that helps to achieve stormwater management control objectives at a
Regulated Project or applicable site. BMPs include, but are not limited to the
following: secondary containment for storage receptacles; rock entrances at
construction site exits; timers on sprinklers and berms and filter fabrics protecting
storm drain inlets. "Maintenance of a best management practice or stormwater
treatment system." Periodic action taken to maintain the as-designed performance
of best management practice or stormwater treatment system, and includes, but is
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not limited to, repairs as necessary and replacement of the best management
practice or stormwater treatment system by an equally effective or more effective
best management practice or stormwater treatment system.
5. "Bio-retention area." Landscaping features adapted to treat stormwater runoff on
a development site. Surface runoff is directed into shallow, landscaped
depressions. These depressions are designed with soil mixtures and vegetation
that incorporate many of the pollutant removal systems that operate in a natural
ecosystem. If the subsurface soils will not allow for natural infiltration (e.g.,
heavy clay soil), the filtered runoff may be collected in a perforated underdrain in
the area and returned to the storm drain collection systems.
6. "CASQA." California Stormwater Quality Association.
7. "CASQA Stormwater Best Management Practice Handbook." The four-volume
set of handbooks for New and Redevelopment, Construction, Industrial and
Commercial, and Municipal operations produced by CASQA and available at
www.casqa.org.
8. "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.
9. "Conditionally Exempt Discharge." A categorization of non-stormwater
discharges based on potential for pollutant content that may be discharged upon
adequate assurance that the discharge contains no pollutants of concern at
concentrations that will impact beneficial uses or cause exceedances of water
quality standards.
10. "Construction." Constructing, clearing, grading, or excavation that results in soil
disturbance. Construction also includes structure demolition. Construction does
not include routine maintenance to maintain original line and grade, hydraulic
capacity, or original purpose of a facility, nor does it include emergency
construction activities required to immediately protect public health and safety,
interior remodeling with no outside exposure of construction material or
construction waste to-stormwater or mechanical permit work.
11. "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.
12. "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
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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.
13. "Detached single-family home project." The building of one single new house or
addition and/or replacement of impervious surface to one single existing house, which is
not part of a larger plan of development.
14. "Detention." The temporary storage of storm runoff in a manner that controls peak
discharge rates and provides some gravity settling of pollutants.
15. "Development." Any construction, rehabilitation, redevelopment or reconstruction
of any public or private project, or mass grading for anticipated construction.
Development does not include routine maintenance to maintain original line and grade,
hydraulic capacity or original purpose of a facility, nor does it include emergency
construction activities required to protect immediately public health and safety.
16. "Diligently pursuing a project" or "diligent pursuance of a project." Any action taken
by the project applicant to obtain the necessary approvals from the City, which may
be demonstrated by the project applicant's submittal of supplemental information to
the original project application,plans, or other documents required for any necessary
approvals.
17. "Director of Public Works." The Director of Public Works and his or her duly
authorized agents and representatives.
18. "Discharge." When used as a verb, means to allow pollutants to directly or indirectly
enter-stormwater, or to allow-stormwater or non-stormwater to directly or indirectly
enter the storm drain system from an activity or operation. When used as a noun,
"discharge" means the pollutants, stormwater or non-stormwater, that are discharged.
19. "Discharger." Any person or entity engaged in activities or operations or owning
facilities, which will or may result in pollutants entering stormwater or the storm
drain system. Discharger also means the owners of real property on which such
• activities, operations or facilities are located; provided, however, that a local
government or public authority is not a discharger as to activities conducted by others
in public rights-of-way.
20. "Easement." A grant or reservation by the owner of land 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.
21. "Enforcement Notice." A notice provided to the responsible party and/or property
owner to warn of impending or current enforcement actions imposed by the City for
violations or threatened violations of the Municipal NPDES Stormwater Discharge
permit or other provisions of this chapter. Enforcement notices include but are not
limited to a notice of violation(NOV), a pre-citation warning notice, a pre-citation
letter, or an administrative citation fine.
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22. "Enforcement Response Plan." A plan established, maintained and revised as
necessary by the Director of Public Works which contains guidelines and criteria for
implementing consistent and escalating enforcement for repeated violations of the
same type from the same source.
23. "Engineer-of-Record." The California Registered Professional Engineer who designs
the stormwater treatment measures and develops the Stormwater Management Plan
for a Regulated Project, as required by the Municipal Regional Permit.
24. "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.
25. "Food service facility." Any nonresidential establishment that uses or generates
grease when preparing food.
26. "Full trash capture" or a "full capture system or device." Any single device or series
of devices that traps all particles retained by a 5 mm mesh screen and has a design
treatment capacity of not less than the peak flow rate Q resulting from a one-year,
one-hour storm in the sub-drainage area and as approved by the San Francisco Bay
Regional Water Quality Control Board, Region 2.
27. "General permit." An NPDES permit issued under Code of Federal Regulations
Section 122.28 (40 CFR 122.28) authorizing a category of discharges under the Clean
Water Act within a geographical area.
28."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.
29. "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.
30. "Hazardous material." Any material, which because of its quantity, concentration,
toxicity, corrosiveness, mutagenicity, flammability or physical, chemical or infectious
characteristics may cause or significantly contribute to an increase in mortality or serious,
irreversible or incapacitating illness, or pose a substantial present or potential hazard to
human health or the environment when improperly treated, stored, transported or
disposed of, or otherwise mismanaged.
31._"Hydromodification." 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
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from hydromodification include channel scouring, bank undercutting, and channel
widening and deepening, all of which adversely impact downstream habitats.
32. "Hydromodification management" ("HM"). The requirements for Regulated Projects
that create or replace one acre or more of impervious surface and are not specifically
excluded in the requirements of Provision C.3.g.ii and Attachment F for the Santa
Clara County permittees, as adopted in the Municipal Regional Permit. A project that
does not increase impervious surface area over the pre-project condition does not
qualify as an HM project. The HM is designed to manage increases in the magnitude,
volume and duration of runoff from new development and significant redevelopment
projects in order to protect streams from increased potential for erosion or other
adverse impacts. The HM contains management standards and performance criteria
for subject development which are incorporated into this chapter.
33. "Illegal connection." The connection of an unauthorized discharge conduit to a
storm sewer or watercourse through or by which an illicit discharge may be
discharged.
34. "Illicit discharge."Any discharge to a storm drain system that is not composed
entirely of stormwater except discharges pursuant to an NPDES permit, including
categorically allowed discharges and conditionally exempted discharges noted in
Provision C.15 of the Municipal Regional Permit.
35. "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 concrete or asphalt surfaces.
36 "Impervious surface area." The ground area covered or sheltered by an impervious
surface, measured as if from directly above.
37 "Infiltration." The process of percolating-stormwater or non-stormwater into the
subsoil.
38. "Infiltration device." Any structure deeper than wide, with no underdrain, designed
primarily to infiltrate (percolate) water into the subsurface and bypass the natural
groundwater protection afforded by surface soil. The definition of stormwater
infiltration device does not include any septic system or other waste water disposal
system, any infiltration of water other than stormwater, Santa Clara Valley Water
District percolation ponds, lined sumps and basins, or any naturally occurring body of
surface water.
(1) Examples of best management practices that are stormwater
infiltration devices include, but are not limited to:
A. Infiltration basins and trenches (including French drains);
B. Infiltration and exfiltration trenches;
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C. Unlined retention basins (i.e., basins with no outlets);
D. Unlined or open-bottomed vaults or boxes installed below
grade that store stormwater allowing infiltration into subsurface
soils;
E. Dry wells; and
F. Injection wells.
(2) The definition of infiltration device does not apply to the following
best management practices that treat stormwater and then release it into a
storm drain system:
A. Media filtration devices.
B. Underground detention system;
C. Hydrodynamic devices;
D. Water quality inlet filters;
E. Contained and flow-through planter boxes;
F. Roof gardens;
G. Extended detention basin.;
H. Any device with an impermeable liner and
underdrain/outfall to the storm drain.
39. "In-lieu fees." The monetary amount necessary to provide both hydraulically-
sized treatment in accordance with numeric sizing (MRP Provision C.3.d) and
LID treatment measures of an equivalent quantity of stormwater runoff and
pollutant loading and a proportional share of the operation and maintenance
costs of the Regulated Project.
40. "Irrigation or landscape irrigation." The artificial application of water to the land,
landscaping or soil, used to assist in establishing vegetation, maintenance of
landscape (e.g. watering of lawn), growing of agricultural crops and revegetation of
disturbed soils in dry areas and during periods of inadequate rainfall.
41. "Land development activities." Those actions or activities that comprise, facilitate, or
result in land development.
42. "Land disturbance activity." Any activity that moves soils or substantially alters the
pre-existing vegetated or man-made cover of any land including, but not limited to,
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Ordinance No. 11-2088
grading, digging, cutting scraping, stockpiling or excavating of soil; placement of fill
materials; paving, pavement removal, exterior construction; substantial removal of
vegetation where soils are disturbed including, but not limited to, removal by clearing
or grubbing or any activity which bares soil or rock or involves streambed alterations
or diversion or piping of any watercourse. Land disturbance activity does not include
routine maintenance to maintain original line and grade, hydraulic capacity, or the
original purpose of the facility, nor does it include emergency construction activities
required to protect public health and safety.
43. "Land owner" or"Property Owner." The holder of legal title to the land, and other
persons or entities who exercise control over a land development project pursuant to
rights granted in a purchase agreement,joint venture agreement, development
agreement, or long-term lease
44. "Landscape." As it is used in this chapter, landscape may be, but is not limited to,
garden areas, lawn, turf, trees, hedges, vegetated areas, planting areas, rain gardens,
native vegetation, existing wildland, and open spaces with permeable ground.
45. "Low Impact Development" ("LID"). An approach to new and redevelopment
designs to reduce runoff and mimic a site's predevelopment hydrology by minimizing
disturbed areas and impervious cover, and promoting infiltration, storage, detainment,
evapotranspiration, and/or the harvesting of stormwater runoff close to its source. LID
techniques include both source control and site design measures and employ principles
such as preserving and recreating natural landscape features and minimizing
imperviousness. LID stormwater control measures include, but are not limited to, rain
barrels, cisterns, green roofs, permeable pavement, and preserving undeveloped open
space. LID principles treat stormwater as a resource, rather than a waste product that
must be removed from the site.
46. "Maximum extent practicable." A standard for implementation of stormwater
management programs to reduce pollutants in stormwater to the maximum extent
possible, taking into account equitable considerations and competing facts including,
but not limited to the seriousness of the problem, public health risks, environmental
benefits, pollutant removal effectiveness, regulatory compliance, cost and technical
feasibility.
47. "Micro-detention." A series of multiple small stormwater detention areas that absorb
or detain some or all of the stormwater runoff in a development site, by temporarily
storing stormwater near where it falls as precipitation. Micro-detention is one of
several Best Management Practices that can be used to treat or infiltrate stormwater
or collect it for reuse at a development site and can include common landscaping
features such as small garden areas, tree grates, perimeter hedges, and bio-retention
areas such as rain gardens; it may also include non-vegetated areas such as sub-
surface storage areas with regulated out-flow.
48. "Mobile Businesses." Service providing businesses that operate by travelling to
customers or customer's sites, rather than operating from a permanently fixed facility.
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Examples of mobile businesses with a potential to discharge non-stormwater
discharges are, but are not limited to, automobile washing, vehicle oil changing,
power washing, steam cleaning, and carpet cleaning.
49. "Municipal National Pollutant Discharge Elimination System(NPDES) Permit." The
Municipal Regional Stormwater National Pollution Discharge Elimination System
permit issued to the City of Cupertino by the Regional Water Quality Control Board,
San Francisco Bay Region, also termed the Municipal Regional Permit(MRP). All
requirements in the Municipal Regional Permit are required and enforceable by the
City.
50. "New development." A land development activity on a previously undeveloped site.
51. "Non-stormwater." Any discharge that is not composed entirely of stormwater.
52. "Notice of Violation" ("NOV"). An official written notice of noncompliance, issued
to a discharger from the Director of Public Works, which provides notification that a
violation of this chapter has occurred, consistent with an Enforcement Response Plan
written in accordance with permit requirements.
53. "NPDES." As authorized by the Clean Water Act (CWA), the National Pollutant
Discharge Elimination System (NPDES) Permit Program which controls water
pollution by regulating sources that discharge pollutants into waters of the United
States. The State Water Board establishes policies and regulations that help protect
and restore the water quality in California, coordinates with and supports Regional
Water Board efforts, and reviews Regional Water Board actions. The Regional Water
Boards monitor and enforce the plans, policies, and regulations and issue the vast
majority of NPDES permits, typically for a five-year term.
54. "Operation and maintenance agreement." A written agreement providing for the
long-term operation and maintenance of stormwater treatment measures at a site or with
respect to a land development project, which when recorded in the deed records
constitutes a restriction on the title to a site or other land involved in a land development
project.
55. "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.
56. "Permeable or Pervious surfaces." Surfaces such as pervious concrete, porous
asphalt, unit pavers, and/or granular materials that allow water to infiltrate into
subsurface soil.
57. "Permit." The permit issued by the City of Cupertino to the applicant required for
undertaking any land development activity.
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58. "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.
59. "Pollutant of Concern." As described in the Municipal Regional Permit, pollutants of
concern are, but are not limited to, sewage, industrial wastes, heavy metals, sediments
from active or inactive construction sites, vehicle fluids, chlorine and chlorine
compounds (including pool and spa water), synthetic organics (pesticides, herbicides, and
PCBs), paints, solvents, trash, litter, cardboard, debris, rubbish, refuse, bark, sawdust, or
other solid wastes.
60. "Redevelopment." 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. Redevelopment includes, but is not limited to the expansion
of a building footprint; addition or replacement of a structure; replacement of impervious
surface area that is not part of a routine maintenance activity; and land disturbing
activities related to structural or impervious surfaces. Excluded are interior remodels;
routine maintenance or repair, such as roof or exterior wall surface replacement; and
pavement maintenance resurfacing within the existing footprint.
61. "Regional project." A regional or municipal project with sufficient capacity or credit
to protect or enhance water quality and/or beneficial uses in a manner equivalent to or
greater than the stormwater benefits that would have been provided from the installation
of the required treatment measures at the subject project site. A regional project must
discharge to or address the same receiving waters as the subject project site and must
meet other Municipal Regional Permit conditions, such as requirements for the project
completion date.
62. "Regulated Project." Any project fitting a category description listed in Provision
C.3.b. of the Municipal Regional Permit.
63. "Riparian areas." An ecosystem that is the interface between dry land and a water
body such as a creek, stream, river, lake, or marsh. Vegetation in riparian areas is
characterized by a predominance of hydrophilic plants.
64. "Runoff." The water from rain or irrigation that flows over the land surface and is not
absorbed into the ground, instead flowing into streams or other surface waters or land
depressions.
65. "Runon." Water entering a specific location from elsewhere on or off a site.
66. "Sanitary sewage or sewage." Water-carried wastes from residences, business
property, institutions and industrial property excluding ground water, surface water, and
storm waters.
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67. "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-
permittees, share a common Municipal Regional Permit to discharge stormwater to South
San Francisco Bay.
68. "Secondary containment." The level of containment external to and separate from the
primary containment, designed as the first level of protection against accidental
discharges or overflows from the primary containment.
69. "Sewer system or sanitary sewer system."All sewers and other facilities for carrying,
collecting, treating, and disposing of sanitary sewage.
70. "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.
71. "Site design measures." 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 measures include directing runoff to
landscaped areas, limiting the amount of impervious surface, and using permeable
pavement.
72. "Source control measure." Any schedule of activities, prohibitions of practices,
maintenance procedures, managerial practices or operational practices that aim to prevent
stormwater pollution by reducing the potential for contamination at the source of
pollution. Structural measures or nonstructural practices used to eliminate contact
between rainfall and potential source of contamination. Examples include covered
materials handling and vehicle washing areas, parking lot sweeping, and sewer clean-outs
installed adjacent to new swimming pools.
73. "Special land use categories." Regulated Projects in the categories of(i) auto service
facilities described in Standard Industrial Codes (SIC) 5013, 5014, 5541, 7532, 5734 and
7536 through 7539; (ii) retail gasoline outlets; (iii) restaurants (5812); or(iv) uncovered
parking lots that stand alone or are part of any development project, including the top
uncovered portion of parking structures, unless drainage from the uncovered portion is
connected to the sanitary sewer.
74. "Storm drain system." The conveyance or system of conveyances, including roads
with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade
channels, or storm drains owned or operated by the City and used for the purpose of
collecting, storing, transporting, or disposing of runoff.
75. "Stormwater." Surface runoff and drainage associated with storm events.
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76. "Stormwater 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.
77. "Stormwater Management Plan."A document describing how existing runoff
characteristics will be affected by a land development project and containing measures
for preventing increased flood damage, streambank channel erosion and habitat and water
quality degradation, while enhancing and promoting public health, safety and general
welfare, in compliance with the provisions of this chapter.
78. "Stormwater Pollution Prevention Plan." ("SWPPP")A document identifying
potential stormwater pollutant sources at a construction or industrial site, the best
management practices to be used to reduce these pollutants during and after construction
and a description of required BMP monitoring.
79. "Stormwater Treatment" or"Stormwater Treatment Measure." A constructed
treatment system, or nonstructural practice designed to temporarily retain, infiltrate or
otherwise store and/or treat stormwater runoff in order to remove pollutants, mitigate
flooding, protect habitat, and provide other amenities. Stormwater treatment measures
include site design, source control, low impact development control measures and
hydromodification management controls. Such processes include, but are not limited to
filtration, gravity settling, media absorption, biodegradation, biological uptake, chemical
oxidation and ultraviolet (UV) radiation.
80. "Threatened Discharge." A condition creating a reasonable probability that a
discharge would contact or would eventually be transported to the storm drain system,
gutters or surface waters, including flood plain areas.
81. "Unpolluted water." Water to which no constituent has been added, either
intentionally, accidentally, or through erosion, that would render the water unacceptable
for disposal to storm or natural drainages or directly to surface waters.
82. "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, windshield wiper fluid, and coolant.
83. "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 salvaging and wrecking, or vehicle washing.
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84. "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.
85. "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.
86. "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 of life or property, including outdoor recreation.
87. "Water Waste." Outdoor water intended for landscape irrigation or other beneficial
uses, which due to overwatering, overspray, broken equipment, or any other inefficiency
or malfunction, flows to adjacent impervious surfaces (walks, roadways, parking lots or
other structures that prohibit ground infiltration) and is wasted as runoff.
88. "Wet Waste Business". A business that produces food, organic and/or liquid wastes
(collectively"wet waste") which, if left out in the open as opposed to in a secured
container, could create a public nuisance as well as a stormwater violation, is a wet waste
business. Such businesses include, but are not limited to restaurants, grocery stores,
produce markets and florists.
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 system other than through a City approved storm drain connection.
9.18.040 Discharge into the Storm Drain Prohibited.
A. It is unlawful to cause, allow, or permit to be discharged, any discharge
not composed entirely of stormwater to the storm drain system or to surface
waters or to any location where it would contact or eventually be transported to
surface waters, including flood plain areas, unless specifically called out in the
Municipal Regional Permit as an exempt or conditionally exempt discharge.
B. It is unlawful to cause or allow discharges including, but not limited to pool
water, carwash water, ongoing and large-volume landscape irrigation water, sediment,
stockpiled material, rubbish, refuse, bark, sawdust, solid wastes or hazardous materials to
be deposited in such a manner or location as to constitute a threatened discharge into
storm drains, gutters, or watercourses.
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Ordinance No. 11-2088
C. It is unlawful to throw, deposit, leave, abandon, maintain or keep materials or
wastes on public or private lands in a manner and place where they may result in a
"threatened discharge" or an illicit discharge.
D. Allowable discharges to the storm drain system 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 policies,
rules and regulations on discharge into any storm drain or watercourse which shall have
the same force and effect as if set forth herein and for which the remedies herein for
violation shall be applicable.
E. Separately Permitted Discharges regulated under a valid facility-specific
NPDES permit or facility-specific Regional Water Quality Control Board waste
discharge requirements permit, not including a state general permit, shall be
regulated exclusively by the Regional Water Quality Control Board and are
exempt from discharge prohibitions established by this chapter, provided
compliance with all relevant permit conditions is maintained to the satisfaction of
the Board. Stormwater discharges at a facility with a facility specific permit
which only addresses process discharges or non-stormwater discharges are not
exempted.
F. Categorically Allowed Discharges. The following unpolluted discharges
are exempt from prohibitions of non-stormwater discharges:
(1) Flows from riparian habitats or wetlands;
(2) Diverted stream flows;
(3) Flows from natural springs;
(4) Rising ground waters;
(5) Uncontaminated and unpolluted groundwater infiltration;
(6) Pumped groundwater from drinking water aquifers; and
(7) NPDES permitted discharges (individual or general permits).
G. Conditionally Exempted Discharges. The discharges identified in the
Municipal Regional Permit (Provision C.15.b, Conditionally Exempted Non-
Stormwater Discharges) are conditionally exempt from the discharge prohibitions
established by this chapter if dischargers develop and implement appropriate
control measures to eliminate adverse impacts of such sources in accordance with
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Ordinance No. 11-2088
the tasks and implementation levels of each category of Provision C.15.b.i-viii.
H. Exemptions Not Absolute. Any discharge category (exempt or
conditionally exempt) that is a significant source of pollutant to waters of the
United States shall be prohibited from entering the storm drain system, or shall be
subjected to a requirement to implement additional best management practices to
reduce pollutants in the discharge to the maximum extent practicable. Such
prohibitions shall be effective on a schedule specified by an authorized
enforcement official in a written notice to the discharger. The schedule may take
into account the nature and severity of any effects caused by the discharge; and
the time required to design, engineer, fund, procure, construct and make
appropriate best management practices operational.
I. Non-Stormwater Discharge. This prohibition shall not apply to any non-
stormwater discharge permitted under an NPDES permit, waiver, or waste
discharge order issued to the discharger and administered by the state of
California under the authority of the Federal Environmental Protection Agency,
provided that the discharger is in full compliance with all requirements of the
permit, waiver, or order and other applicable laws and regulations. The authorized
enforcement official may exempt in writing other non-stormwater discharges
which are not a source of pollutants to the storm drain system upon approval by
the Executive Officer of the San Francisco Bay Regional Water Quality Control
Board.
9.18.060 Protection of Storm Drain from Accidental Discharge.
Each person shall provide protection from accidental discharge of non-stormwater into
any storm drain or watercourse. Measures to prevent accidental discharge of prohibited
materials shall be provided and maintained at the user's or property owner's expense.
9.18.070 Accidental Discharge—Notification of Discharge.
All persons shall notify the Director of Public Works immediately upon accidentally
discharging pollutants of concern to enable countermeasures to be taken by the City to
minimize damage to storm drains and the receiving waters. Initial notification shall be
followed, within five (5) business 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 5650 of the
California Fish and Wildlife Code, or any other applicable provisions of State or Federal
laws.
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Ordinance No. 11-2088
9.18.080 Permitted Discharges Pursuant to Industrial and Construction
Stormwater NPDES General Permits.
A. The provisions of this chapter shall not prohibit any discharge with a valid
NPDES permit issued to the discharger, provided compliance with all relevant permit
conditions is maintained to the satisfaction of the Regional Water Quality Control Board.
B. Any person subject to a State Industrial or Construction Stormwater NPDES
General permit shall comply with all provisions of such permit. Proof of compliance
shall be required in a form acceptable to the authorized enforcement official prior to, or
as a condition of, the approval of a subdivision map, site plan, building permit,
development permit, grading permit or improvement plan, upon inspection of the facility
and/or during any enforcement action.
9.18.090 Stormwater Pollution Prevention Plan (SWPPP).
A stormwater pollution prevention plan(SWPPP) shall be prepared and made
available at any construction project that is subject to the State Construction Stormwater
NPDES General permit. The SWPPP shall be written by a Qualified SWPPP Developer,
as defined in the current State NPDES Stormwater Construction General permit. At
minimum, the SWPPP shall address the following six BMP categories to implement year-
round, seasonally appropriate control measures: (1) erosion control, (2) run-on and runoff
control, (3) sediment control, (4) active treatment systems, (5) good site management,
and (6) non-stormwater management.
9.18.100 Permanent Stormwater Measures Required For Development and
Redevelopment Projects.
A. All applicants for permits pertaining to the planning, design, and construction of
new development and redevelopment projects shall design and incorporate treatment
measures to minimize both soluble and insoluble stormwater runoff pollution and to
prevent increases in runoff flows for the life of the project. Projects incorporating
these permanent stormwater treatment measures (BMPs) shall utilize guidance and
standards from the current SCVURPPP C.3. Stormwater Handbook. Permanent
treatment measures (BMPs) shall be designed according to the numeric sizing
criteria in Provision C.3.d of the Permit. Any new and redevelopment projects that
are subject to the City's review and approval shall meet all requirements in Provision
C.3. of the City's Municipal Regional Stormwater NPDES Permit.
B. 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.
C. Stormwater Treatment Requirements for Regulated Development and
Redevelopment Projects.
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Ordinance No. 11-2088
1. In addition to site design and source control BMPs,Regulated Projects are required
to design and implement permanent stormwater treatment measures (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 Regulated 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. Regulated Development projects are all new development projects that create
10,000 square feet or more of impervious surface collectively over the entire project
site, including commercial, industrial, residential housing subdivisions (e.g.,
detached single-family home subdivisions, multi-family attached subdivisions such
as townhomes, 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 the City.
4. Regulated Redevelopment projects are those 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 (e.g., detached
single-family home subdivisions, multi-family attached subdivisions such as
townhomes, 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 areas on a site on which some past
development has occurred. This category includes redevelopment projects on
public or private land that falls under the planning and building authority of the
City.
5. Alterations exceeding 50%. Where a development project results in an alteration of
more than 50% of the impervious surface of a previously existing development that
was not previously subject to the requirements of the prior NPDES Stormwater
Permit (effective from 2002-2009), the entire project consisting of all existing, new
and/or replaced impervious surfaces must be included in the treatment system
design so that the stormwater treatment systems are designed and sized to treat
stormwater from the entire redevelopment project.
6. Alterations equal to or less than 50%. Where a development project results in an
alteration equal to or less than 50% of the impervious surface of a previously
existing development that was not subject to the requirements of the prior NPDES
Stormwater Permit(effective from 2002-2009), only the new and/or replaced
impervious surface of the project must be included in the treatment design system
so that the stormwater treatment systems are designed and sized to treat stormwater
runoff from the new and/or replaced impervious surface of the project.
7. Exclusions. A detached single family home project that is not part of a larger plan
of development, that incorporates appropriate pollutant source control and design
measures and uses landscaping to treat runoff from roof and house associated
impervious surfaces is specifically excluded from the requirements of this section.
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Ordinance No. 11-2088
Other exclusions are: interior remodels and routine maintenance or repair (such as
roof or exterior wall surface replacement or pavement resurfacing within the
existing footprint).
8. Effective December 1, 2012, all development projects that require approvals and/or
permits issued from the City, and which create and/or replace more than 2500
square ft, but less than10,000 square ft of impervious surface, and detached single-
family home projects, which create and/or replace 2,500 square feet or more of
impervious surface, must install one or more of the following site design measures
(MRP Provision C.3.i):
• 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 bike lanes, driveways, and/or uncovered parking lots with
permeable surfaces.
9, Special land use categories—Regulated Projects
a. Effective December 1, 2011, for projects that fall into one of the categories
below, the impervious surface threshold (for classification as a Regulated
Project subject to Provision C.3.)will be decreased from the current 10,000
square ft to 5,000 square ft. This change applies to new and redevelopment
projects on public and private land that fall under the jurisdiction of the
planning and building authority of the City of Cupertino. These special land
use categories represent land use types that may contribute more polluted
stormwater runoff than other projects. Regulation of these special land use
categories at the lower impervious threshold of 5,000 square feet is
considered the maximum extent practicable and is consistent with State
Board guidance, court decisions, and other Water Board requirements.
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
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Ordinance No. 11-2088
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; or
ii. Routine maintenance or repair such as roof or exterior wall
replacement or pavement resurfacing within the existing footprint of
the structures.
c. Alteration exceeding 50%. Where Regulated Project result in an
alteration of more than 50% of the impervious surface of a
previously existing development that was not previously subject to
the requirements of the prior NPDES Stormwater Permit (effective
from 2002-2009), the entire project, consisting of all existing, new
and/or replaced impervious surfaces, must be included in the
treatment system to be designed and sized to treat stormwater runoff
from the entire redevelopment project.
d. Alteration equal to or less than 50%. Where a redevelopment project
that is a special land use category results in an alteration is equal to
or less than 50% of the impervious surface of a previously existing
development that was not previously subject to the requirements of
the prior NPDES Stormwater Permit (effective from 2002-2009),
only the new and/or replaced impervious surface of the project must
be included in the treatment system design so that stormwater
treatment systems are designed and sized to treat stormwater runoff
from the new and/or replaced impervious surface of the project.
e. Private projects deemed complete before December 1, 2009. For
any private development project described in the special land use
categories listed in CMC 9.18.100 C.9.a., for which a planning
application has been deemed complete before December 1, 2009, the
lower 5,000 square feet impervious surface threshold for
classification as a Regulated Project shall not apply, so long as the
applicant is diligently pursuing the project. Diligent pursuance may
be demonstrated by the project applicant's submittal of information
to the original application, plans, or other document required for any
approvals of the project by the City. If, during the time period
between December 1, 2009 and December 1, 2011 for the 5,000
square feet threshold implementation date, the project applicant has
not taken the actions needed to obtain the necessary approvals from
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Ordinance No. 11-2088
the City, then the project will be subject to the lower 5,000 square
feet threshold.
f. Private project application deemed complete after December 1,
2009, but before December 1, 2011. For any private project in the
categories specified in CMC 9.18.100 C. 9.a. with an application
deemed complete as of December 1, 2009, the lower 5,000 square
feet impervious surface threshold for definition as a Regulated
Project shall not apply if the project applicant has received final
discretionary approval for the project before December 1, 2011.
g. Public projects. For public projects for which funding has been
committed and construction is scheduled to begin by December 1,
2012, the lower 5,000 square feet of impervious surface threshold for
classification as a Regulated Project shall not apply.
10. Regulated 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 the City are Regulated Projects:
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% of the existing street or road that was not subject to CMC
chapter 9.18, only the new and/or replaced impervious surface of the
project must be included in the treatment system design so that the
stormwater treatment systems are designed and sized to treat stormwater
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.
c. Construction of impervious trails that are greater than 10 feet wide
or are creekside (within 50 feet of the top of bank).
d. Specific exclusions to CMC Section 9.18.100 C.10 a-c. are:
i. Sidewalks built as part of new streets or roads and built to
direct stormwater to adjacent vegetated areas.
ii. Bicycle lanes that are built as part of new streets or roads,
but are not hydraulically connected to new streets or roads and that direct
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Ordinance No. 11-2088
stormwater to adjacent vegetated areas.
iii. Impervious trails built to direct stormwater runoff to
adjacent vegetated areas, or non-erodible permeable areas, preferably
away from creeks or toward the outboard sides of levees.
iv. Sidewalks, bicycle lanes, or trails constructed with
permeable surfaces such as pervious concrete, porous asphalt, unit pavers,
and granular materials.
v. Caltrans highway projects and associated facilities.
e. For any private road or trail project described in CMC Section
9.18.100 C.10 b or c for which a planning application was deemed
complete before December 1, 2009, the requirements of this section 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
City. If the project applicant has not taken any action to obtain the
necessary approvals from the City prior to December 1, 2011, the project
will then be classified as a Regulated Project under this chapter.
f. For any private road or trail project with an application deemed
complete after December 1, 2009, the requirements of this section to
classify the project as a Regulated Project under this chapter shall not
apply if the project applicant has received final discretionary approval for
the project before December 1, 2011.
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 this section to classify the project as a Regulated
Project shall not apply.
D. Hydromodification Management(HM) Requirements.
1. Requirement. Stormwater discharges from any HM project shall be designed and
maintained so they shall not cause an increase (over the pre-project existing condition) in
the erosion potential of the stream into which they flow. 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. All applicants are
required to comply with the standards and performance criteria and requirements set forth
in the HM requirements for Santa Clara Permittees as described in Provision C.3.g
Hydromodification Management and Attachment F as adopted in the Municipal Regional
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Ordinance No. 11-2088
Permit. A copy of the HM requirements may be obtained from the City's Public Works
Department.
2. Applicability. All new and redevelopment projects that create or replace one (1)
acre or more of impervious surface shall implement the hydromodification management
controls and standards per Provision C.3.g. of the Municipal Regional Permit. The
following projects are exempt from HM compliance:
a. Projects that do not create an increase in impervious surface over
pre-project conditions.
b. Projects located within areas that drain to non-earthen stream
channels that are hardened on three sides and extend continuously upstream from
the tidally influenced area.
c. Projects that demonstrate, upon completion of stream-specific and
modeling studies that are consistent with the method identified in the HM
requirements in provision C.3.g and Attachment F of the Municipal Regional
Permit and its supporting technical documents, that there will be no increase in
potential for erosion or other adverse impact to beneficial uses to any state waters.
d. Projects less than 1 acre and that are located in the HM applicable
areas as depicted in the City's HM maps are encouraged, but not required, to
implement HM Requirements above.
—E. Site design measures for non-Regulated Projects. All new development and
redevelopment projects subject to planning, building, development, or other comparable
reviews by the City, but not meeting the definition of Regulated Project are encouraged
to use adequate site design measures that include minimizing land disturbance and
impervious surfaces. These may include clustering of structures and pavement; directing
roof runoff to vegetated areas, use of micro-detention, distribution of landscape-based
stormwater detention, preservation of open space and/or restoration of riparian areas as
project amenities
F No final building or occupancy permit shall be issued without the written approval
of the Director of Public Works confirming that the requirements of this chapter have
been satisfied.
9.18.110 Design Standards for Permanent Stormwater Treatment Measures.
Treatment best management practices for Regulated Projects must meet at least one of
the following hydraulic sizing design criteria:
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Ordinance No. 11-2088
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 flow rate;
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.
4. Infiltration Treatment Measures. In order to protect groundwater from pollutants that
may be present in urban runoff, treatment measures that function primarily as
stormwater infiltration devices, with no underdrain, must meet, at a minimum, the
following standards:
A. Pollution prevention and source control best management practices
shall be implemented at a level appropriate to protect groundwater quality
at sites where infiltration devices are to be used. This standard includes a
minimum of 2 feet of suitable soil to achieve a maximum of 5 inches per
hour infiltration rate for the infiltration system.
B. Infiltration devices shall not be placed in the vicinity of known
contamination sites unless it has been demonstrated that increased
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Ordinance No. 11-2088
infiltration will not: 1) increase leaching of contaminants from soil, 2)
alter flow conditions affecting contaminant migration in groundwater, or
3) adversely affect remedial activities.
C. Use of infiltration devices shall not cause or contribute to
degradation of groundwater quality at applicable sites or of groundwater
quality objectives.
D. Infiltration devices shall be adequately maintained to maximize
pollutant removal capabilities.
E. The vertical distance from the base of any infiltration device to the
seasonal high groundwater mark shall be at least 10 feet, except that as to
infiltration devices concerning land disturbance activities. A greater
separation from the high groundwater mark may be required in accordance
with best management practices. In locations which are characterized by
highly porous soils and/or a high groundwater table, the best management
practices approvals will be subject to a higher level of analysis (e.g.,
considering the potential for pollutants such as on-site chemical use, the
level of pretreatment to be achieved, and similar factors in the overall
analysis of groundwater safety).
F. Unless stormwater is first treated by a means other than
infiltration, infiltration devices shall not be employed for: areas of
industrial or light industrial activity; areas subject to high vehicular traffic
(defined as 25,000 or greater average daily traffic on 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 high threat to water quality land uses and activities as
designated by the City.
G. Infiltration Devices shall be located a minimum of 250 feet from any
water supply wells and 100 feet from any septic systems or underground storage
tanks with hazardous materials. In locations which are characterized by highly
porous soils and/or a high groundwater table, best management practice approvals
will be subject to a higher level of analysis that considers the potential for
pollutants such as on-site chemical use, the level of pretreatment to be achieved,
and similar factors in the overall analysis of groundwater safety.
9.18.115 Trash Load Reductions to Storm Drain Collection System.
A. All Regulated Projects must install full trash capture devices to
collect litter and debris from their project site, prior to connecting to the
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Ordinance No. 11-2088
City's storm drain collection system. Full trash capture devices that have
been approved as meeting the standards set by the San Francisco Bay
Regional Water Quality Control Board will be deemed as satisfactory for
meeting this requirement. A list of approved devices and their
manufacturers is available from the Public Works Department.
B. Installed full capture trash devices must be maintained by the
property owner for the life of the project, following the manufacturer's
recommendations for maintenance.
C. It is a violation of this chapter for any land owner to fail to
properly operate and maintain any full capture trash device installed on the
owner's property.
9.18.120 Stormwater Management Plan Required for Regulated Projects.
—A. Development Permit Application Requirements. Development permit
applications for all Regulated Projects must be accompanied by a Stormwater
Management Plan and a completed City of Cupertino Regulated Development Project
Checklist, as required by this chapter. The Stormwater Management Plan shall detail
how runoff and associated water quality impacts resulting from the activity will be
controlled or managed.
B. City Permit Requirements. Building, grading, and encroachment permits for
Regulated Projects shall not be issued until the required Stormwater Management Plan
has been reviewed and approved by the Director. of Public Works.
C. Stormwater Management Plan Contents. Stormwater Management Plans 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 control measures proposed for managing stormwater
runoff. The minimum information submitted to support a Stormwater Management Plan
shall be in accordance with the Municipal Regional Permit and the current City of
Cupertino Regulated Development Project Checklist.
D. Preparation of the Stormwater Management Plan. Stormwater Management
Plans shall be prepared, stamped and signed by a professional civil engineer registered in
the State of California. Depending on the specific project, the Director of Public Works
may allow a stormwater management plan to be prepared by a Landscape Architect
licensed by the State of California.
E. Certification of Adherence to Numeric Sizing Design Criteria. The developer
shall provide a signed certification from an approved third party reviewer selected from
the SCVURPPP List of Qualified Consultants for Design, Review and/or Certification of
Stormwater Treatment Best Management Practices and Hydromodification Flow Control
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Ordinance No. 11-2088
Facilities, to determine that the plan for proposed stormwater treatment measures,
including hydromodification management controls (if applicable), meets the requirements
of this chapter and established numeric sizing criteria in the Municipal Regional Permit.
Any consultant hired to design and/or construct a stormwater treatment system for a
Regulated Project shall not be the certifying person for the project.
F. As-Built Certification. Upon completion of construction, the Engineer-of-
Record for a Regulated Project shall provide the City with a stamped and signed
certification that all constructed stormwater treatment measures have been installed
according to the approved plans and specifications.
G. Revised Stormwater Management Plan Required. The City may require the
owner of a Regulated Project who has previously received approval of a Stormwater
Management Plan, to prepare and submit a revised Stormwater Management Plan for
approval if the stormwater treatment measures are inadequate or are not being adequately
maintained; or if the facility or activity at issue becomes a significant source of
contaminants to the storm drain system or damages a downstream watercourse despite
compliance with this chapter. Any owner required to submit and to obtain approval of a
revised plan shall install, implement and maintain the stormwater treatment measures
specified in the approved revised plan.
9.18.130 Low Impact Development (LID) Requirements.
The goal of low impact development requirements is to reduce runoff and
mimic a site's predevelopment hydrology by implementing specific
practices to control sources of potential pollution and site design strategies
to treat stormwater. All Regulated Projects shall implement the following
LID requirements:
A All Regulated Projects shall implement source control measures
onsite that at a minimum shall include the following:
1. Source control measures on site to address the following
potential discharges and minimize stormwater pollutants of
concern may include plumbing the following discharges to sanitary
sewer lines, pending approval by Cupertino Sanitary District and
the City of San Jose Water Pollution Control Plant;
a. Discharges from floor mat, equipment, hood filter
wash racks or covered outdoor wash racks for restaurants;
b. Drips from covered trash dumpsters, food waste
containers, and compactor enclosures;
c. Discharges from covered outdoor wash areas for
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Ordinance No. 11-2088
vehicles, equipment, and accessories;
d. Swimming pool, spa, hot tub, or water feature
discharges if discharged on site to vegetated areas is not a feasible
option;
e. Fire sprinkler test water, if on site discharge to
vegetated areas is not a feasible option;
2. Include properly designed covers, drains, and storage
precautions for outdoor material storage areas, loading docks,
repair or maintenance bays and fueling areas;
3. Include properly designed trash storage areas that are
covered with any drains in the area connected to the sanitary sewer
lines, pending approval by the City;
4. Include landscaping that minimizes irrigation and runoff,
promotes surface infiltration, minimizes the use of pesticides and
fertilizers and incorporates sustainable landscaping practices;
5. Include efficient irrigation systems; and
6. Include storm drain stenciling or signage that includes the
message "No Dumping - Flows to Bay" or equivalent.
B. Each Regulated Project shall, at a minimum, implement the following
design strategies onsite:
1. Limit disturbance of natural water bodies and drainage
systems, minimize compaction cf highly permeable soils, protect
slopes and channels, minimize impacts from stormwater and urban
runoff on the biological integrity of natural drainage systems and
water bodies;
2. Conserve natural areas, including existing trees, other
vegetation, and soils;
3. Minimize impervious surfaces;
4. Minimize disturbances to natural drainages; and
5. Minimize stormwater runoff by implementing one or more
of the following site design measures:
a. Direct roof runoff into cisterns or rain barrels for
27
Ordinance No. 11-2088
reuse.
b. Direct roof runoff into vegetated areas.
c. Direct roof runoff from sidewalks, walkways and/or
patios onto vegetated areas.
d. Direct runoff from driveways and/or uncovered
parking lots onto vegetated areas.
e. Construct sidewalks, walkways and/or patios with
permeable surfaces.
f. Construct driveways, bike lanes, and/or uncovered
parking lots with permeable surfaces.
C. Effective December 1, 2011, all Regulated Projects are required to
treat 100% of the amount of runoff using the numeric sizing criteria
identified in Provision C.3.d of the Municipal Regional Permit for the
Regulated Project's drainage area with LID treatment measures onsite or
with LID treatment measures at a joint stormwater treatment facility.
1. LID treatment measures are defined as stormwater harvesting and re-
use, infiltration, evapotranspiration, or biotreatment.
2. A properly engineered and maintained biotreatment system may be
considered only if it is infeasible to implement stormwater
harvesting and re-use, infiltration, or evapotraspiration at a project
site.
3. Infeasibility to implement stormwater harvesting and re-use,
infiltration, or evapotraspiration at a project site may result from
conditions including the following:
a. Locations where seasonal high groundwater would
be within 10 feet of the base of the LID treatment measure.
b. Locations within 100 feet of a groundwater well
used for drinking water.
c. Development sites where pollutant mobilization in
the soil or groundwater is a documented concern.
d. Locations with potential geotechnical hazards.
e. Smart growth and infill or redevelopment sites
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Ordinance No. 11-2088
where the density and/or nature of the project would create
significant difficulty for compliance with the onsite volume
retention requirement.
f. Locations with tight clay soils that significantly
limit the infiltration of stormwater.
4. Criteria and procedures to determine when stormwater harvesting
and re-use, infiltration, or evapotranspiration are feasible or
infeasible at Regulated Project sites will be identified and
incorporated into the SCVURPPP C.3. Stormwater Handbook, as
revised.
5. Biotreatment systems shall be designed to have a surface
area no smaller than what is required to accommodate a 5 inches per
hour 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. A set of model biotreatment and soil media specifications
and soil infiltration testing methods to verify a long-term infiltration
rate of 5 to 10 inches per hour, once approved by the Regional Water
Quality Control Board, will be incorporated into the latest version of
the SCVURPPP C.3. Stormwater Handbook. Biotreatment systems
approved after Regional Water Quality Control Board approval of
the model specifications will need to comply with these minimum
specifications and soil infiltration testing methods.
6. Green roofs may be considered biotreatment systems if
they meet certain minimum specifications. The minimum
specifications, once approved by the Regional Water Quality Control
Board, will be incorporated into the SCVURPPP C.3. Stormwater
Handbook, as revised. Green roof systems approved after Regional
Water Quality Control Board approval of the minimum
specifications will need to comply with these requirements.
7. Full implementation of the LID requirements in this chapter
is required as of December 1, 201] , except as otherwise stated. For
private development projects approved on or before December 1,
2009, the requirements of CMC 9.18.130 shall not apply so long as
the project applicant is diligently pursuing the project.
8. Private development projects with an application deemed
complete after December 1, 2009 and which have received final
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Ordinance No. 11-2088
discretionary approval (e.g., building permits) for the project before
December 1, 2011, the requirements of CMC 9.18.130 shall not
apply.
9. Public projects for which funding has been committed and
construction scheduled to begin before December 1, 2012, the
requirements of CMC 9.18.130 shall not apply.
9.18.150 Stormwater Treatment Measure Operation and Maintenance
Responsibility.
A. For the life of the project, all on-site stormwater treatment measures shall be
operated, conducted, 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 Regulated Projects shall develop a maintenance
schedule for the life of any stormwater control measures and shall describe the
maintenance to be completed, the time period for completion, and the person who will
perform the maintenance. The stormwater treatment measures maintenance schedules
shall be included with the project's approved Stormwater Management Plan.
9.18.160 Agreement to Maintain Stormwater Treatment Systems and Best
Management Practices.
A. Prior to the issuance of any building permit for a Regulated Project, the
owner(s) of the site shall enter into a formal written Stormwater Treatment Systems
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
treatment systems and best management practices.
B. The Stormwater Treatment Systems Operation and Maintenance Agreement
shall require that the stormwater treatment system(s) or HM Control (if any)BMPs not be
modified and that maintenance activities not alter the designed function of the facility
treatment system or HM Control (if any) from its original design unless the Public
Works Director has provided written certification that the requirements of this chapter
have been satisfied prior to the commencement of the proposed modification or
maintenance activity.
C. The Stormwater Treatment Systems Operation and Maintenance Agreement
shall provide that in the event that maintenance or repair is neglected, or the stormwater
treatment facility becomes a danger to public health or safety, the City shall have the
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Ordinance No. 11-2088
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 Treatment System Operation and Maintenance Agreement.
E. The agreement shall provide access to the extent allowable by law for
representatives of City, the local vector control district, and the Regional Water Quality
Control Board, strictly for the purposes of performing operation and maintenance
inspections of the installed stormwater treatment systems and/or HM controls (if any).
F. Any property owner party to a Stormwater Treatment Systems Operation and
Maintenance Agreement shall, upon transferring ownership of such property, provide the
new owner(s) with a current copy of this chapter, and shall inform the new owners in
writing of their obligation to properly operate and maintain such facilities.
9.18.170 Stormwater Treatment Systems and BMP Inspection and Verification
Responsibility. (C.3.h)
A. The property owner(s) of Regulated Projects shall be responsible for having all
stormwater management treatment systems and HM control (if any) inspected for
condition and function by a knowledgeable party. The property owner shall agree in
writing to properly maintain any HM control, stormwater structural control, treatment
measure, and/or best management practices according to the approved plans for the
project.
B. Unless otherwise required by the City, the property owner's stormwater
treatment system or HM control (if any) inspections shall be done within 45 days of the
completed installation of any control or treatment systems; and after that at least once per
year in preparation for the wet season. Written records shall be kept of all inspections and
shall include, at minimum, the following information:
1. Name and address of the Regulated Project;
2. Specific description of the location (or a map showing the location) of the
installed stormwater treatment system(s) and HM control(s) (if any);
3. Date(s) that the treatment system(s) and HM controls (if any) is/are installed;
4. Description of the type and size of the treatment system(s) and HM control(s) (if
any) installed;
5.—Responsible operator(s) of each treatment system and HM control (if any);
6. Dates and findings of all inspections of the treatment system(s) and HM
control(s) (if any); and
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Ordinance No. 11-2088
7. Any problems and corrective actions taken.
9.18.180 Records of Maintenance and Inspection Activities and Submission of
Revised Stormwater Management Plan.
A. On or before June 30`h of each year, the party responsible for the
operation and maintenance of on-site stormwater treatment system(s) and HM
Control(s) (if any) at Regulated Projects shall provide the City of Cupertino's
Director of Public Works with documentation of the information required in
Section 9.18.140. B. 1-7 regarding installation, location, inspections, maintenance
and repairs:
B. The Director of Public Works may require a discharger who has
previously received approval of a Stormwater Management Plan, to prepare and
submit a revised Stormwater Management Plan for approval if any of the
following occurs:
1. the project was not constructed according to the approved
plans; or
2. the plan as constructed is not adequate for the site; or
3. the site is not adequately maintained; or
4. the site is a significant source of contaminants to the storm
drain system.
C. The revised Stormwater Management Plan shall identify the
stormwater treatment controls, best management practices, and/or HM controls
that will be used by the discharger to prevent or control pollution of stormwater to
the maximum extent practicable.
D. If the activity at issue is a construction or land disturbance activity,
the revised plan submitted to the City shall at a minimum meet the requirements
of the Statewide NPDES Construction General Permit Order 2009-0009 DWQ.
E. Whenever submission of a stormwater management plan or a
revised stormwater management plan is required pursuant to this chapter, any
authorized enforcement staff may use the, SCVURPPP C.3. Stormwater
Handbook or the CASQA BMP Handbooks to assess the adequacy of the
proposed plan.
9.18.190 Failure to Maintain.
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Ordinance No. 11-2088
A. If the responsible party fails or refuses to meet the requirements of the
Stormwater Treatment Systems Operation and Maintenance Agreement,—without an
acceptable rationale, 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, in accordance with Sections 1.10 and 1.12 of this Municipal Code. 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.
9.18.195 Inspections by City
As required by the Municipal Regional Permit, City inspectors will inspect
construction sites, industrial, and commercial businesses and respond to reports of
discharges and threatened discharges to the stormwater system. Compliance with all
provisions of a City-issued enforcement notice will be required within the amount of time
given by the inspector and before the next anticipated rain, but not more than ten(10)
business days after a violation is first noted.
9.18.200 Inspection and Maintenance Easement.
A. The City shall have access to all on-site stormwater treatment systems-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 or grading permit for a-Regulated 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 Treatment System 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.
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Ordinance No. 11-2088
E. Whenever necessary to perform Operations and Maintenance verification
inspections of installed stormwater treatment system(s) and HM control(s) (if any), all
Regulated Projects shall grant site access to all representatives of the authorized
enforcement official, local mosquito and vector control agency staff, and Water Board
staff.
9.18.210 Stormwater Pollutant Source Controls and BMPs.
1. Best management practices at all facilities, whether staffed or unstaffed,
must be inspected and maintained by the discharger according to manufacturer
specifications and/or the CASQA Stormwater BMP Handbooks. These best
management practices must be maintained so that they continue to function as
designed. Best management practices which fail must be repaired as soon as it is
safe to do so. If the failure of a best management practice indicates that the best
management practices in use are inappropriate or inadequate to the circumstances,
the practices must be modified or upgraded to prevent any further failure in the
same or similar circumstances.
2. All construction sites must implement effective erosion control, run-on
and runoff control, sediment control, active treatment systems (as appropriate),
good site management, and non-stormwater management through all phases of
construction (including but not limited to site grading, building and finishing of
lots) until the site is fully stabilized by landscaping or the installation of
permanent erosion control measures.
3. All Regulated Project sites are encouraged to include adequate source
control measures to limit pollutant generation, discharge and runoff. These
source control measures are identified in Section 9.18.130.
4. All dischargers must implement and maintain minimum best management
practices. The Director of Public Works may require submission of information
to evaluate the implementation and/or require the implementation of BMPs to
prevent pollutant sources from entering the City's storm drain collection system
associated with outdoor process and manufacturing areas, outdoor material
storage areas, outdoor waste storage and disposal areas, outdoor vehicle and
equipment storage and maintenance areas, outdoor parking and access roads,
outdoor wash areas, outdoor drainage from indoor areas, rooftop equipment,
contaminated and erodible surfaces, or other sources determined by the director to
have a reasonable potential to contribute to pollution of stormwater runoff.
Minimum BMPs and source control measures for all dischargers include, but are
not limited to the following:
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Ordinance No. 11-2088
A. Storm Drain Inlet Labeling. Storm drain inlets shall be clearly marked with the
words "No Dumping - Flows to Bay," or equivalent, as approved by the Director of
Public Works.
B. Landscaping shall be designed to minimize irrigation and water runoff, promote
surface infiltration, minimize the use of pesticides and fertilizers, incorporate native
plants, grasses and trees (which are resistant to :local pests and diseases), employ
appropriate sustainable landscaping practices such as designs with hydrozones to prevent
over-irrigation, follow the Bay-Friendly Landscaping Guidelines or other landscaping
guidelines with similar goals and practices.
C. Water Waste Prevention. Water waste resulting from inefficient landscape
irrigation shall be prevented. Runoff from irrigation shall be prohibited from leaving the
targeted landscape due to low head drainage, overspray, or other similar conditions where
water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or
structures. Repeat violations or uncorrected violations will result in an administrative
citation fine according to chapter 1.10 of the Municipal Code. Pursuant to Government
Code Section 65596, restrictions regarding overspray and runoff may be modified if:
1. The landscape area is adjacent to permeable surfacing and no runoff occurs;
or
2. The adjacent non-permeable surfaces are designed and constructed to drain
entirely to landscaping.
D. Drains and Drain Lines.
1. Interior floor drains must not be connected to the storm drain system.
2. Exterior drains within the following areas must not be connected to the storm
drain:
a. Equipment or vehicle washing areas;
b. Areas where chemicals, hazardous materials, or other uncontained
materials are used and/or stored unless secondary containment is
provided;
c. Equipment or vehicle fueling areas or fluid changing areas; and
d. Loading docks where chemicals, hazardous materials, grease, oil, or waste
products are handled.
3. Roof runoff shall be directed to rain barrels, cisterns, or similar rainwater
collection system, or 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; or
35
Ordinance No. 11-2088
b. Connect all roof drains and equipment discharge lines to the sanitary
sewer.
5. Fire Sprinkler Tests and Water Pipe Flushing: Discharges from fire sprinkler
tests and water pipe flushing: shall be conducted in accordance with the
Municipal Regional Permit.
a. Discharges which are listed as conditionally allowed in the current
municipal NPDES permit are to be directed to onsite vegetated areas, or
discharged to the sanitary sewer with the permission of Cupertino Sanitary
District, or if this is not a feasible option, with BMPs that will ensure
compliance with the municipal NPDES permit.
b. For new or remodeled facilities where it is infeasible to direct fire sprinkler
safety test water discharges to landscaped areas, a sewer clean out shall be
installed, in a readily accessible area to capture potable water discharged
during fire safety sprinkler tests. The installation must first be approved by
the Cupertino Sanitary District.
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.
E. Pool and Spa Discharges
1. It is unlawful to discharge water from pools and spas to the storm drain
system.
2. De-chlorinated pool spa discharges shall be directed to landscaped areas,
providing this does not generate runoff to the storm drain system. If runoff
will be generated to the storm drain, pool and spa water shall be disposed to
the sanitary sewer. The discharger shall contact the City Public Works
Department regarding coordination with the Sanitary Sewer District.
3. For new or remodeled swimming pools where it is infeasible to direct
discharges to landscaped areas, a sewer clean out shall be installed in a
readily accessible area, within ten (10) feet of the pool edge, if possible.
F. Vehicle and Equipment Fueling Facilities. Vehicle or equipment fueling
facilities shall be designed in accordance with the California Stormwater
Quality Association (CASQA) Industrial Stormwater Best Management
Practices Handbooks to prevent the runon of stormwater and runoff of spills. At
minimum this shall be accomplished by:
1. Paving the fueling area with concrete or other impervious surface;
36
Ordinance No. 11-2088
2. Covering the fueling area and extending the cover a minimum of ten (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.
G. Vehicle Service Facilities.
1. It is unlawful for any person to dispose of, or permit the disposal or runoff,
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. It is unlawful to use tanks, containers or sinks for parts cleaning or rinsing
which are connected to the storm drain system.
4. It is unlawful for any person to perform vehicle fluid removal outside a
building, or 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 from the vehicle
immediately to protect the storm drain system.
6. It is unlawful for any person to leave unattended drip parts or other open
containers containing vehicle fluid, unless such containers are in use or in
secondary containment.
7. It is unlawful for any person to discharge washwater from vehicle washing
operations or wash racks to a storm drain, or onto impervious ground surface.
8. Vehicle service facilities shall be cleaned using only those methods of
cleaning that ensure that no materials are discharged to the storm drain.
9. 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.
10. It is unlawful to store acid-containing batteries or any material that is deemed
by an enforcement official as a threat to the storm drain system, except
within secondary containment.
11. All owners and operators of vehicle service facilities shall label all storm
drains located on the property of the facility a reminder to persons that the
discharge of anything other than rain water into the storm drain is prohibited.
H. Food Service Facilities.
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Ordinance No. 11-2088
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 that requires cleaning at the
facility.
2. All new buildings constructed to house food service facilities and all
existing buildings constructed to house food service facilities which are
subject to City review and approval for changes or modifications shall
include a covered area for dumpsters-to prevent water runon to the area and
runoff from the area. Dumpster storage areas shall be designed in
accordance with the City's Public Works Guidelines for Non-Residential
Building Trash & Recycling Enclosures. Retrofits to existing facilities shall
be revamped to the maximum extent practicable and shall be subject to the
approval of the Director of Public Works.
3. Drains that are installed beneath dumpsters serving food service facilities
shall be connected to a grease removal device upstream of the connection to
the sanitary sewer.
I. 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 or other regulatory agency.
J. Root control chemicals. It is unlawful for any person to discharge, dispose or
add to the storm drain system any substance to control roots.
K. Dumpsters.
1. All new buildings, except for single-family and duplex residences, all new
"wet waste" businesses and all existing "wet waste" businesses which are
subject to City review and approval for changes or modifications, shall
provide a covered area for a dumpster(s) designed in accordance with the
City's Public Works Guidelines for Non-Residential Building Trash &
Recycling Enclosures. Retrofits to existing facilities shall be revamped to the
maximum extent practicable and shall be subject to the approval of the
Director of Public Works.
2. The area shall be designed to prevent water runon to the area and runoff from
the area.
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Ordinance No. 11-2088
3. Dumpsters serving food service facilities shall be designed in accordance
with Section 9.18.210.
L. 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 runon to the
area and runoff from the area.
3. A drain shall be installed to capture all vehicle wash waters and shall be
connected to an oil/water separator prior to discharge to the sanitary sewer
system. Discharge to the sanitary sewer must first be approved by Cupertino
Sanitary District.
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.
M. Copper Roofing and Architectural Materials.
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
3. Discharges to the storm drain collection system of wastewater generated during
the installation, cleaning, treating, and washing of copper architectural features,
including copper roofs are prohibited. Discharges to landscaping or to the
sanitary sewer system (with approvals from Cupertino Sanitary District and the
City of San Jose's Water Pollution Control Plant) are allowed.
4. Discharges of water from pools (including connection for filter backwash), spas,
fountains and water features that contain copper based chemicals are prohibited.
N. Pesticide Storage at Commercial Facilities.
1. Pesticides shall be stored in labeled.containers and shall not be stored where
they can be exposed to rain or irrigation water and be allowed to runoff to
storm drains or creeks.
2. Secondary containment shall be required for containment of pesticides,
unless they are stored in an indoor storage unit. Storage of pesticides shall
39
Ordinance No. 11-2088
follow guidance from the local fire department and/or the Santa Clara County
Agricultural Commissioner.
3. Employees who use pesticides must be trained to clean up spills. Spill kits
shall be provided and stored near pesticides.
O. Mobile Businesses.
1. Mobile businesses shall be required to use best management practices and
source control measures that comply with Municipal Regional Permit.
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:
1. Enumerates the violations found; and
40
Ordinance No. 11-2088
2. Orders compliance in any manner authorized by and consistent with the
City's Enforcement Response Plan and the provisions of chapter 1.10 of
this Code.
9.18.260 Administrative Penalties—Payment of Funds to Account.
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 § 54740.5. 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.
INTRODUCED at a regular meeting of the Cupertino City Council the_15 day of
_November and ENACTED at a regular meeting of the Cupertino City Council the 17th
day of_January, 2012 by the following vote:
Vote Members of the City Council
Ayes: Santoro, Mahoney, Chang, Sinks, Wong
Noes: None
Absent: None
Abstain: None
ATTEST: APPROVED:
Grace Schmidt, Acting City Clerk Mark Santoro, Mayor
41
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, Acting City Clerk and ex-officio Clerk of the
City Council of the City of Cupertino, California, do hereby certify the
attached to be a true and correct copy of Ordinance No. 11-2088, which was
enacted on January 17, 2012, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
22nd day of February 2012.
l
GRACE SCHMIDT, Acting City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
ordinance certificate