CC 05-16-2023 Searchable Packet.pdf — Cupertino City Council, May 16, 2023 (part 5 of 6)

6.1.3 Abandonment of Existing Pipelines
Haley & Aldrich requires that the existing pipeline to be abandoned shall be cut clear from the main pipeline to be left in service. Nonmetallic pipelines shall be filled with sand and plugged at the end with 6 inches of Portland cement concrete at each required cut.

6.2 TRENCH CONSTRUCTION
The construction of the trench sections is anticipated to include excavations on the order of 6 to 11 feet bgs. We anticipate that excavation of the trenches can be readily made with conventional excavation equipment. Trench walls cut through sandy soils and less than 2 feet in height should be capable of maintaining stability with vertical cuts and minimal bracing, provided proper moisture content in the soil is maintained. Minor caving and raveling should be expected if and where granular interbedded layers are encountered. Trench walls cut through clayey soils and less than 4 feet in height should be capable of maintaining stability with vertical cuts and minimal bracing, provided proper moisture content in the soil is maintained.

Excavations should be constructed in accordance with California Occupational Safety and Health Act (Cal/OSHA) safety standards and local jurisdictions. Safety in and around the Site is the responsibility of the general contractor. In accordance with Cal/OSHA requirements, any excavation deeper than 4 feet where a person will enter will need to be shored, stepped, or sloped at a safe inclination. Excavations should be located so that no structures, existing or new, are located above a plane projected 45 degrees upward from any point in the excavation, regardless of whether the trenches are shored or not.

If required by Site conditions, or at the discretion of the Contractor, trench shields (boxes) may be used in vertically cut trenches as an acceptable form of temporary shoring. The system would have to be designed such that no voids are left in the bedding and backfill material after the trench shield (box) is removed from the excavation. Compaction of the bedding material under the haunches of the pipe is critical for proper lateral support of the force main. If used, the capacity of the trench shield (box) system should be evaluated for compatibility with Site subsurface conditions by a Registered Engineer.

6.2.1 Interlocking Sheet Piles
The following recommendations pertain to design of interlocking sheet piles, as this shoring method is anticipated for use to support the trenches deeper than 11 feet, if required. Interlocking sheet piling is customarily driven in advance of the excavation operations. As the excavation proceeds, horizontal struts are placed against sheet pile walls at regular depths as the walls are exposed and until the final depth is reached. The Contractor should be required to preload the internal bracing using hydraulic jacks or other means as the excavation is deepened; this will limit the deflection of the sheeting. Once the backfilling has been completed, the struts and finally the sheet piles can be removed. 698
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11 Steel sheet piling can be installed with either a vibratory driver or an impact hammer. Vibratory drivers are generally more effective in granular soils than in clay soils. A vibratory driver would probably produce smaller amplitude vibration effects on the adjacent pipeline and structures than an impact hammer and may provide better control of the sheet pile alignment with reduced noise levels. The type of driving equipment employed for sheet pile installation should be chosen and verified for drivability by the Contractor. The Contractor may encounter some difficulty during installation of the sheet piling through the stiff to very stiff lean clay layers. The Contractor should be prepared to modify the installation procedures and/or equipment to achieve the full penetration design depth.

In order to reduce deflection of the shoring system, we recommend that the excavation extend no more than 2 feet below required bracing levels until the internal braces such as struts and rakers have been placed. The struts should be removed as the backfilling progresses. Compaction of the backfill should continue during the shoring removal in order to minimize the potential creation of voids between trench walls and compacted trench backfill. If the Contractor elects to leave the sheet piling in place, we recommend that the top of the sheet piling be cutoff at least 5 feet below the finished grade.

Alternatively, if the sheet piling is removed, the Contractor should immediately pressure grout to prevent settlement.

We understand that consideration is being given to using the sheet piling as a form so that concrete for each exterior structural wall can be poured directly against it. The advantage of this method is a reduced shoring footprint area. If this approach is used, we recommend that the sheet piling be permanently left in place to minimize post-construction settlement. As discussed above, if the Contractor elects to remove the sheet piling, voids around the perimeter of the structure formed by the extraction of sheet piling should immediately be pressure grouted. The pressure grouting will require careful monitoring by the Contractor so that grout injection pressures do not result in distress/damage to the permanent structural walls.

Based on our experience with similar projects, as well as published data (e.g., Goldberg et al., 1976, Clough and O’Rourke, 1991), indicate that settlement of the ground surface adjacent to the shoring commonly is about ¼ to ½ percent of the excavation depth. For excavations of 15 feet deep, accounting for placement of utilities to be between 7 and 11 feet bgs, the expected settlement might be ½ to 1 inch, and lateral movement of the same order of magnitude also should be anticipated. As this level of movement is likely to induce distress in surface pavements, we recommend that the shoring design considers internal bracing or other active support methods to reduce maximum lateral movement to no greater than ½ inch at the ground surface. The project specifications should require restoration of pavements damaged by these movements to their preconstruction condition.

External shoring support, such as use of tiebacks, is not recommended, given the potential subsurface utility conflicts and construction challenges.

6.2.2 Temporary Shoring Earth Pressure Recommendations
Design lateral earth pressures have been developed for designing trench shoring. The soil pressures depend on the actual soil conditions encountered, depth of excavation, shoring design and installation procedures, and the magnitude of any surcharge loads on the ground surface adjacent to the shoring system. Design lateral earth pressures recommended for shoring design are presented in Figure 3 for sand dominant subsurface conditions. The Contractor’s Registered Civil or Structural Engineer should review the subsurface conditions and make an independent evaluation of the shoring earth pressure. 699
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12 The structural components of the temporary shoring should generally be designed to limit deflections of the shoring to a maximum of ½ inch. However, if any structures or utilities are located immediately adjacent to the excavation, lower deflections may be required to minimize settlement and potential damage to these facilities.

6.3 UNDERGROUND STRUCTURES

6.3.1 Bearing Support
Underground structures are expected to include installation and/or repair of the manholes and standpipes. We anticipate that below-grade structures will rest primarily on gravelly or sandy soils that are anticipated to be suitable for support of the underground structure(s). Should loose sands or soft fine-grained materials be encountered at the proposed subgrade elevations, or if subgrade soils are disturbed during construction, it will be necessary to compact the soils at the bottom of the trench prior to placing the overlying structures. Since the weight of soil removed during excavation will be greater than or approximately equal to the weight of the new construction and backfill, we do not expect foundation bearing capacity to be a significant geotechnical design issue. Settlements due to foundation loads are expected to be elastic in nature and primarily occur during construction. Should loads greater than the weight of material excavated be imposed on the surface or subsurface soils, we should be contacted to evaluate the bearing capacity at the location of the proposed construction.

For the manholes and standpipes, a net allowable vertical bearing pressure of 2,000 pounds per square foot (psf) may be used. In-place densities of 120 pounds per cubic foot (pcf) may be assumed for existing soils and for soil backfill, for use in determining the weight of soil removed and of backfill placed.

6.3.2 Lateral Support
Lateral loads may be resisted by a combination of passive pressure on the embedded vertical faces of the vaults or other buried improvements and friction between the bottoms of the buried improvements and the supporting soil. For passive resistance, we recommend using an equivalent fluid weight of 360 pcf for vaults or other buried improvements surrounded with properly placed fill as described later in this report. The upper foot of soil should be ignored unless it is confined by a concrete slab or pavement. Frictional resistance should be computed using a base friction coefficient of 0.35. The passive pressure and base friction coefficient values are unfactored and do not include lateral resistance contributions from the adjacent pavement.

The manholes (if required) should be designed to resist static lateral earth pressures, lateral pressures cause by seismic loading, and additional surcharge pressures associated with vehicular traffic (if appropriate). We assume that the walls of the manholes will not tolerate deflection and should therefore be designed for at-rest lateral earth pressures calculated as an equivalent fluid weight (triangular distribution) of 60 pcf. If the walls of the manholes are permitted to deflect, active lateral earth pressures may be used, equal to an equivalent fluid weight of 40 pcf (triangular distribution).

Seismic lateral earth pressure equals to 35H psf (where H is the height of the wall in feet) should be applied in addition to static pressures. A traffic surcharge pressure applied as a uniform (rectangular distribution) lateral pressure of 100 psf shall also be applied to the entire vertical face of the exterior concrete wall, where vehicular loads are present.
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13 6.3.3 Uplift
Based on the anticipated groundwater elevations to be deeper than 50 feet bgs within the alignment, it is not anticipated that buoyant forces will generate uplift pressures on the structures as proposed.

6.3.4 Seismic Design
For seismic design in accordance with the provisions of the 2019 California Building Code and ASCE 7-16, we recommend using the seismic design parameters presented in the following table.

Table 3 -Seismic Design Parameters for Buried Improvements Seismic Parameter Design Value
Site Class (ASCE 7-16 Table 1613.5.2) D
Peak Ground Acceleration, PGA 0.926 g
Site Amplification Factor for PGA, FPGA 1.1
Site-Modified Peak Ground Acceleration, PGAM 1.019 g

6.4 SURFACE DRAINAGE AND EROSION CONTROL
Adequate surface drainage shall be provided throughout the project alignment to prevent the surface runoff from accumulating between the construction zone and drainage path and entering the open excavations, including cut and cover trench sections and trenchless section access shafts. Surface water should not be allowed to collect along edges of pavements. Surface water should be directed away from exposed soil slopes and trench walls to prevent instability of the open cuts.

Sediment trap and silt liners shall be provided adequately throughout the project alignment to prevent accumulation of the washout and finer deposits on the pavement surface and at the storm drainage systems.

6.5 FLEXIBLE PAVEMENT DESIGN
Trench paving shall be performed in conformance with City Standard Construction Details, File No.SP248. Permanent trench surfacing shall include a hot-mix asphalt concrete section equal in thickness to that of the existing adjacent pavement section, with a minimum thickness of no less than 4 inches or equal to existing layer depths (whichever is greater). The asphalt concrete section shall extend a distance of 12 inches laterally beyond the edge of the trench on each side. The asphalt concrete layer shall be underlain by a minimum layer of 12-inch-thick Caltrans Class 2 Aggregate Base, compacted to at least 95 percent relative compaction, with a layer thickness equal to that of the existing adjacent aggregate base section or 12 inches, whichever thickness is greater.

Based on the City Standard Details, asphalt concrete material and aggregate base material shall conform to requirements stated in Sections 39 and 26 of the CalTrans Standard Specifications, respectively.

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14 7. Limitations
This report was prepared for specific application to the proposed storm drain line replacement design and construction as understood at this time. In the event that changes in the nature, design, or location of the project are planned, the conclusions and recommendations contained in this report should not be considered valid, unless the changes are reviewed by Haley & Aldrich and the conclusions of this report modified or verified in writing.

The geotechnical analyses and recommendations are based, in part, upon the data obtained from the referenced subsurface explorations. The nature and extent of variations between explorations may not become evident until construction. If variations appear at that time, it may be necessary to re-evaluate the recommendations of this report.

This report was prepared for the exclusive use of the City of Cupertino and BKF Engineers and their subconsultants in connection with the design and construction of the proposed sewer line replacement project in Cupertino, California. There are no intended beneficiaries other than the City of Cupertino and BKF Engineers and their subconsultants. Haley & Aldrich shall owe no duty whatsoever to any other person or entity on account of the Agreement or the report. Use of this report by any person or entity other than the City of Cupertino and BKF and their subconsultants for any purpose whatsoever is expressly forbidden unless such other person or entity obtains written authorization from the City of Cupertino and from Haley & Aldrich. Use of this report by such other person or entity without the written authorization of the City of Cupertino and Haley & Aldrich shall be at such other person’s or entity’s sole risk and shall be without legal exposure or liability to Haley & Aldrich. 702
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15 References

1. American Society of Civil Engineers, 2007. Standard Test Methods for Laboratory Compaction Characteristic for soil Using Modified Effort (56,000 ft-lbf/ft3 (2,700 KN-m/m3): ASTM D1557.

2. American Society Testing and Materials, 2017. Minimum Design loads and associated criteria for building and other structure: ASCE/SEI 7-16.

3. BKF Engineers, 2022. Pumpkin-Fiesta Storm Drain Project, City of Cupertino, Draft 60% Drawing Submittal Drawings, 3 February.

4. California Building Standards Commission, 2019. California Building Code, 2019, California Code of Regulations, Title 24, Part 2, Vol.1. 2 July.

5. California Department of Conservation, California Geological Survey, 2002. Seismic Hazard Zone Report, for the Cupertino 7.5-Minute Quadrangle, Santa Clara County, California.

6. California Department of Transportation, 2018. Standard Specifications.

7. California Geological Survey, 2002a. State of California Seismic Hazard Zones, Cupertino Quadrangle.

8. California Geological Survey, 2002b. Earthquake Zones of Required Investigation, Cupertino Quadrangle. 23 September.

9. California Geological Survey, 2002c. Earthquake Zones of Required Investigation, Cupertino Quadrangle. 23 September.

10. California Geological Survey, 2009. Information Warehouse, Tsunami Inundation Maps for Emergency Planning (2009),
https://gis.conservation.ca.gov/server/rest/services/CGS/tsunami/MapServer.

11. California Geological Survey, 2021. Tsunami Hazard Area Map, County of Santa Clara. 8 July.

12. City of Cupertino Standard Details, Department of Public Works, 1999.

13. Clough, G.W and O’Rourke, T.D., Construction Induced Movements of In-situ Walls in “Design and performance of earth retaining structures” Lambe P.C. and Hansen, L.A (Eds.), Geotechnical Special Publication No. 25, ASCE, pp. 439-470.

14. Dibblee, T.W., 2007. Geologic map of the Cupertino and San Jose West quadrangles, Santa Clara and Santa Cruz Counties, California published by the Dibble Geologic Foundation, Dibblee Foundation Map DF-351; scale 1:24,000.

15. Federal Emergency Management Act, National Flood Hazard Layer (NFHL) Viewer, City of Cupertino 06085C, 06085C-2292.

16. Goldberg, D.T., W.E. Jaworski and M.D. Gordon, 1976. Lateral Support System and Underpinning Vol. 1, Design and Construction, FHWA Publication RD-75-128. 703
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16 17. Langan, 2018. Geotechnical Investigation, Vallco Town Center, Cupertino, California under file number 770633101. 27 March.

18. United State Geological Survey, Unified Hazard Tool:
https://earthquake.usgs.gov/hazards/interactive/

19. Weiss Associates, 1995. Environmental Study, “Former Shell Services Station, WIC #204-1956- 0600, 21490 McClellar Road, Cupertino, California”, WA Job #81-0708-06. 13 February. \\haleyaldrich.com\share\CF\Projects\0205037\Deliverables\Geotechnical_Info\Reports\2022_0511_HAI_Cupertino_GeotechReport_vF.docx\\haleyaldrich.com\sh are\CF\Projects\0205037\Deliverables\Geotechnical_Info\Reports\2022_0511_HAI_Cupertino_GeotechReport_vF.docx 704
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FIGURES
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SITE
37°20'0"N 122°4'0"W 122°3'0"W 122°2'0"W
37°19'0"N
37°18'0"N
GIS: \\haleyaldrich\share\CF\Projects\0205037\GIS\Maps\2022_02\205037_000_0001_PROJECT_LOCUS.mxd - khensen - 2/17/2022 4:19:22 PM MAP SOURCE: ESRI
SITE COORDINATES: 37°18'39"N, 122°02'45"W FIGURE 1

CITY OF CUPERTINO

PUMPKIN FIESTA PHASE I STORM DRAIN

IMPROVEMENT PROJECT

CUPERTINO, CALIFORNIA

PROJECT LOCUS
APPROXIMATE SCALE: 1 IN = 2000 FT
0$Y 2022
CA
706
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SEPTEMBER DR

KENMORE CT

NOVEMBER DR
CA-85

FESTIVAL CT

FESTIVAL DR

FIESTA LN
42 LF - 72" RCP
109 LF - 36" RCP
192 LF - 60" RCP
221 LF - 36" RCP
246 LF - 36" RCP
NOTES

1. ALL LOCATIONS AND DIMENSIONS ARE APPROXIMATE.

2. ABBREVIATIONS:

LF = LINEAR FEET
RCP = REINFORCED CONCRETE PIPE

3. PIPELINE DATA SOURCE: “PUMPKIN-FIESTA STORM DRAIN
IMPROVEMENT PROJECT, CUPERTINO, CALIFORNIA”, BFK ENGINEERS, 31 JANUARY 2022

4. AERIAL IMAGERY SOURCE: NEARMAP, 28 SEPTEMBER 2021

CITY OF CUPERTINO

PUMPKIN FIESTA PHASE I STORM DRAIN

IMPROVEMENT PROJECT

CUPERTINO, CALIFORNIA

SITE PLAN
FIGURE 2 SCALE: AS SHOWN
MAY 2022
LEGEND

PIPELINE REPLACEMENT

SITE BOUNDARY
GIS: \\haleyaldrich.com\share\CF\Projects\0205037\GIS\Maps\2022_02\205037_000_0002_SITE_PLAN.mxd - khensen - 2/17/2022 5:13:56 PM 060 120

SCALE IN FEET
707
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GROUND SURFACE
APPROXIMATE ELEVATION = 309 TO 325 FEET
10 FT
A
psf
H = 10 TO 18 FT

PASSIVE

PRESSURE
240 pcf
1 BOTTOM OF

EXCAVATION
A + 36D
A
100 psf
D
NOTES

1. THESE SHORING PRESSURES ARE APPLICABLE TO AN EXCAVATION HEIGHT OF UP TO 20 FEET.

2. THE EMBEDMENT DEPTH OF THE SHORING (D) SHALL BE DESIGNED BY OTHERS.

3. PASSIVE PRESSURE VALUES INCLUDE A FACTOR OF SAFETY OF 1.5.

4. THE TIP ELEVATION OF THE SHORING WALL SHOULD EXTEND AT LEAST 10 FEET INTO THE SAND LAYER.

5. ASSUMES SHORING WILL BE BRACED.

6. ALL DIMENSIONS IN FEET UNLESS NOTED OTHERWISE.
\\HALEYALDRICH\SHARE\CF\PROJECTS\0205037\CAD\FIGURES\0205037_001_0003_EARTH_PRESS_CLAY-SAND_DOMINANT.DWG Saved by: OSLIVNYAK Printed:2/25/2022 2:12 PM Sheet: 0003 FIGURE 3

CITY OF CUPERTINO

PUMPKIN FIESTA
PHASE 1 STORM DRAIN IMPROVEMENT PROJECT

CUPERTINO, CALIFORNIA

TEMPORARY LATERAL EARTH

PRESSURES FOR EXCAVATION
(SAND DOMINANT)
SCALE: NOT TO SCALE
0$< 2022
A (psf)
36H
708
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84 101
82 NOVEMBER DR

FESTIVAL DR

SEPTEMBER DR

FIESTA LN

CRANBERRY DR

CREEKLINE DR

OCTOBER WAY
HIGHWAY 85

FALL CT

FESTIVAL CT

PUMPKIN DR

CRANBERRY CIR

NOVEMBER DR
\\BKF-RC\VOL4\2021\211865_PUMPKIN_FIESTA\ENG\SHEETS\C0.0-COVER.DWG SHEET OF REVISIONS IMPROVEMENT PLANS FOR FILE: SCALE: PROJ. ENGR: CHECKED: DRAWN: DESIGNED: DATE: FEBRUARY 10, 2023 RMSPAD CITY APPR. DATE APPR. DATE DESIGN BY DESIGN SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS; AND THAT THE CONTRACTOR CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER OR THE ENGINEER. 15 BKF ENGINEERS
255 SHORELINE DRIVE
SUITE 200
REDWOOD CITY, CA 94065
(650) 482-6300
www.bkf.com
100% SUBMITTAL

NOT FOR CONSTRUCTION

CITY OF CUPERTINO, SANTA CLARA COUNTY, CALIFORNIA

CITY OF CUPERTINO

PUBLIC WORKS DEPARTMENT
1 1 C0.0 TITLE SHEET
2 C0.1 GENERAL NOTES
3 C1.0 DEMOLITION PLAN / POTHOLE PLAN
4 C2.0 PLAN AND PROFILE - FIESTA LN
5 C2.1 PLAN AND PROFILE - SEPTEMBER DR / FESTIVAL DR6 C3.0 DETAILS (1 OF 3) 7 C3.1 DETAILS (2 OF 3)
8 C3.2 DETAILS (3 OF 3)9 S1.0 PROJECT DESIGN DATA
10 S2.0 TRANSITION STRUCTURE #111 S3.0 TRANSITION STRUCTURE #212 S4.0 TRANSITION STRUCTURE #313 S5.0 JUNCTION STRUCTURE14 S6.0 CLOSURE PIECES15 C4.0 CONSTRUCTION BMPS

PUMPKIN-FIESTA

STORM DRAIN IMPROVEMENT PROJECT
PROJECT NO. 2022-01

CUPERTINO, CALIFORNIA

SHEET INDEX
SHEET No. TITLE DRAWING

PROJECT BASIS OF BEARINGPROJECT BENCHMARK
ELEV DATUM:

THE BASIS OF BEARINGS FOR THIS SURVEY IS GPS
DERIVED AND IS ON NAD83(2011) EPOCH 2010.00,
CALIFORNIA STATE PLANE ZONE 2. DISTANCES ARE
GROUND DISTANCES. MULTIPLY GROUND DISTANCES BY

1.0000711312 TO OBTAIN GRID DISTANCES.

ELEVATIONS SHOWN ARE IN NORTH AMERICAN VERTICAL
DATUM (NAVD88).

SITE MAP

LOCATION MAP
N
N

NO SCALE
WILL NOT BE RESPONSIBLE FOR, OR LIABLE FOR, UNAUTHORIZED CHANGES TO AND MUST BE APPROVED BY THE PREPARER OF THESE PLANS.OR USES OF THESE PLANS. ALL CHANGES TO THE PLANS MUST BE IN WRITING UNAUTHORIZED CHANGES & USES: THE ENGINEER PREPARING THESE PLANS

TITLE SHEET
SCALE: 1" = 150'

3-15-2023
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R:\2021\211865_PUMPKIN_FIESTA\ENG\SHEETS\C0.1-NOTES.DWG

SHEET OF REVISIONS

IMPROVEMENT PLANS FOR
FILE:

SCALE:

PROJ. ENGR:

CHECKED:

DRAWN:

DESIGNED:

DATE: FEBRUARY 10, 2023
RM
SP
AD
CITY APPR.

DATE APPR. DATE
DESIGN
BY
DESIGN CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS; AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER OR THE ENGINEER.

CUPERTINO

CITY OF
15 BKF ENGINEERS
255 SHORELINE DRIVE
SUITE 200
REDWOOD CITY, CA 94065
(650) 482-6300
www.bkf.com
100% SUBMITTAL

NOT FOR CONSTRUCTION

CITY OF CUPERTINO, SANTA CLARA COUNTY, CALIFORNIA

CITY OF CUPERTINO

PUBLIC WORKS DEPARTMENT

1. ALL WORK SHALL BE IN ACCORDANCE WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION STANDARD

SPECIFICATIONS (LATEST EDITION, AS AMENDED), AND STANDARD PLANS (LATEST EDITION, AS AMENDED), AND CITY OF CUPERTINO STANDARD DETAILS, AND CUPERTINO SANITARY DISTRICT STANDARD DETAILS. THE CONTRACTOR SHALL PERFORM

THE WORK DESCRIBED IN THE SPECIFICATION, AND AS SHOWN ON THE DRAWINGS, AND TO THE SATISFACTION OF THE CITY ENGINEER.

2. APPROVAL OF THESE PLANS SHALL NOT RELEASE THE CONTRACTOR OF THE RESPONSIBILITY FOR CORRECTIONS OF MISTAKES, ERRORS, OR OMISSIONS CONTAINED THEREIN. IF DURING THE COURSE OF CONSTRUCTION OF IMPROVEMENTS, PUBLIC INTEREST

REQUIRES A MODIFICATION OF/OR A DEPARTURE FROM THE CITY OF CUPERTINO STANDARD DETAILS OR THESE IMPROVEMENTS

PLANS, THE CITY ENGINEER SHALL HAVE THE AUTHORITY TO REQUIRE SUCH MODIFICATION OR DEPARTURE AND TO SPECIFY THE MANNER IN WHICH THE SAME IS TO BE COMPLETED, AT THE SOLE EXPENSE OF THE CONTRACTOR.

3. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO ENSURE THE APPROVED PLANS OR THE LATEST REVISED PLANS ARE

FURNISHED TO ITS SUBCONTRACTORS, AND TO ENSURE THE LATEST APPROVED PLANS ARE ONSITE AT ALL TIMES DURING CONSTRUCTION.

4. THE CONTRACTOR SHALL NOTIFY THE CITY TWO (2) WORKING DAYS PRIOR TO REQUIRING AN INSPECTION.

5. CONSTRUCTION AREA TRAFFIC CONTROL DEVICES SHALL BE INSTALLED PRIOR TO BEGINNING OF WORK.

6. THE CONTRACTOR SHALL LOCATE UNDERGROUND FACILITIES IN THE AREA OF WORK. THE CONTRACTOR SHALL CONTACT UNDERGROUND SERVICE ALERT (USA) AT 811 TWO (2) WORKING DAYS IN ADVANCE OF ANY WORK FOR LOCATION OF THE UNDERGROUND FACILITIES.

7. STORM DRAIN LINES INSTALLED AS PART OF THE WORK ON THESE PLANS SHALL BE CLEARED OF ALL DEBRIS AND OBSTRUCTIONS PRIOR TO FINAL ACCEPTANCE.

8. ALL TRENCH BACKFILL, FILL AREAS, AND BASE MATERIAL SHALL ATTAIN A MINIMUM 95% RELATIVE COMPACTION. FOR TYPICAL TRENCH SECTIONS, EXCEPT FOR SANITARY SEWERS, REFER TO THE CITY STANDARD DETAIL 4-24 ON SHEET C3.0.

9. TREES, ROOTS, AND FOREIGN MATTER IN EXISTING OR PROPOSED RIGHT-OF-WAY SHALL BE REMOVED TO A DEPTH OF TWO (2) FEET BELOW SUBGRADE AND DISPOSED OF PER CALTRANS STANDARDS. IN THE CASE OF LIVE TREE ROOTS FROM CITY STREET TREES, CONTRACTOR SHALL CONTACT THE CITY FOR FIELD OBSERVATION PRIOR TO REMOVING TREE ROOTS.

10. TRENCH PLATES IN THE TRAVELED WAY SHALL BE TRAFFIC RATED AND PROPERTY SECURED.

11. ALL NEW PAVEMENT SHALL MATCH THE EXISTING PAVEMENT SECTION. A MINIMUM PAVEMENT SECTION OF 3” AC/ 6” CLASS 2 AB IS REQUIRED.

12. EXISTING PAVEMENT THAT IS REMOVED OR DAMAGED SHALL BE REPLACED AS REQUIRED BY THE CITY ENGINEER.

13. MANHOLE FRAMES AND COVERS SHALL BE BROUGHT TO FINISH GRADE PRIOR TO FINAL SIGNOFF.

14. CONCRETE FOR USE IN ALL CONCRETE STRUCTURES SHALL CONFORM TO CALIFORNIA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS SECTION 90 UNLESS NOTED OTHERWISE ON PROJECT STRUCTURAL PLANS. DROP INLETS, SIDEWALKS, CURBS AND GUTTERS SHALL CONTAIN 590 LBS. OF CEMENT PER CUBIC YARD AND SHALL ATTAIN A MINIMUM STRENGTH OF 3,000 PSI IN 28 DAYS.

15. DROP INLETS SHALL BE CONSTRUCTED CONFORMING TO CITY STANDARD DETAILS UNLESS OTHERWISE NOTED ON THE PLANS. DROP INLETS SHALL BE INSTALLED CONCURRENT WITH THE CONSTRUCTION OF THE CURB AND GUTTER “NO DUMPING FLOWS TO THE BAY.” PLAQUE SHALL BE INSTALLED ON THE CURB ADJACENT TO ALL INLETS.

16. ONE POUND OF DISPERSING BLACK SHALL BE MIXED WITH EACH CUBIC YARD OF CONCRETE AT THE BATCH PLANT.

17. NEW CITY STANDARD STREET MONUMENTS AND OTHER PERMANENT MONUMENTS DISTURBED DURING CONSTRUCTION SHALL BE REPLACED BEFORE ACCEPTANCE OF THE IMPROVEMENTS BY THE CITY ENGINEER. ATTENTION IS DIRECTED TO SECTION 8771 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE FOR THE REQUIREMENTS CONCERNING SURVEY MONUMENTS. EXISTING

SURVEY MONUMENTS SHALL BE LOCATED AND REFERENCED BY OR UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR OR

REGISTERED CIVIL ENGINEER PRIOR TO CONSTRUCTION OPERATIONS, AND A CORNER RECORD OR RECORD OF SURVEY SHALL BE FILED WITH THE COUNTY SURVEYOR OF THE COUNTY OF SANTA CLARA. EXISTING SURVEY MONUMENTS SHALL BE RESET TO

FINISH GRADE, AND A CORNER RECORD OR RECORD OF SURVEY SHALL BE FILED WITH THE COUNTY SURVEYOR OF THE COUNTY OF SANTA CLARA PRIOR TO THE RECORDING OF THE CERTIFICATE OF COMPLETION FOR THE PROJECT.

18. CONTRACTOR IS RESPONSIBLE FOR DUST CONTROL AND ENSURING THE AREA ADJACENT TO THE WORK IS LEFT IN A CLEAN CONDITION.

19. CONTRACTOR SHALL REVIEW CITY DETAIL 6-4 ON TREE PROTECTION PRIOR TO ACCOMPLISHING ANY WORK OR REMOVING ANY TREES.

20. UTILIZE BEST MANAGEMENT PRACTICES (BMP'S), AS REQUIRED BY THE STATE WATER RESOURCES CONTROL BOARD, FOR ANY ACTIVITY, WHICH DISTURBS THE SOIL.

21. CUPERTINO SANITARY DISTRICT INSPECTORS SHALL BE NOTIFIED 48 HOURS PRIOR TO WORK ON AND NEAR DISTRICT ASSETS AT (408) 253-7071.

PROPOSED EXISTING

PROPERTY LINE

STORM DRAIN LINE

STORM DRAIN LATERAL

STORM DRAIN MANHOLE

SANITARY SEWER LINE

SANITARY SEWER MANHOLE

WATER LINE

GAS LINE

OVERHEAD LINE

DEMOLITION LINE

MINOR CONTOUR LINE

MAJOR CONTOUR LINE

FENCE LINE

NO SCALE

GENERAL NOTES

1. MATERIALS FOR PIPE, MANHOLES AND CLEANOUTS AND INSTALLATION PROCEDURES SHALL BE IN ACCORDANCE WITH APPLICABLE SECTIONS OF THE DISTRICT'S STANDARD SPECIFICATIONS AND THESE PLANS AND DETAILS SHOWN HEREON.

2. ALL TRENCH EXCAVATION AND BACKFILL FOR SEWER LINES SHALL CONFORM TO THE REQUIREMENTS OF CITY OF CUPERTINO STANDARD SPECIFICATIONS. JETTING OF BACKFILL MATERIALS TO ACHIEVE COMPACTION IS NOT ALLOWED.

3. ALL EARTHWORK SHALL BE COMPLETED IN ACCORDANCE WITH REQUIREMENTS OUTLINED IN THE "GEOTECHNICAL RECOMMENDATIONS REPORT PUMPKIN FIESTA PHASE 1 STORM DRAIN CUPERTINO, CALIFORNIA" BY HALEY ALDRITCH DATED MAY 2022.

4. CONTRACTOR SHALL BE RESPONSIBLE FOR THE DESIGN, INSTALLATION, AND PERFORMANCE OF ALL SHORING AND BRACING IN ACCORDANCE WITH CALIFORNIA OSHA REQUIREMENTS.

1. ALL PAVING SHALL CONFORM TO CITY OF CUPERTINO STANDARD DETAILS.

2. AGGREGATE BASE SHALL CONFORM TO CLASS 2, 1-1/2" MAXIMUM PER SECTION 26 OF THE STATE STANDARD SPECIFICATIONS, UNLESS OTHERWISE NOTED AND SHOULD ALSO BE COMPACTED TO A MINIMUM RELATIVE COMPACTION OF 95% BASED ON ASTM TEST PROCEDURE D-1557-78, AND CONFORM TO CITY OF CUPERTINO STANDARDS.

3. ASPHALT TO CONFORM TO SECTION 39 "ASPHALT CONCRETE" OF STATE STANDARD SPECIFICATIONS; TYPE B WITH 1/2" MAXIMUM, MEDIUM GRADATION, UNLESS OTHERWISE NOTED.

4. PORTLAND CEMENT CONCRETE SHALL CONFORM TO CLASS A, WITH A MINIMUM 28 DAY COMPRESSIVE STRENGTH OF 3000 PSI.

5. FLAT CONCRETE WORK WITHIN THE PUBLIC RIGHT OF WAY SHALL CONFORM TO THE CITY OF CUPERTINO STANDARD SPECIFICATIONS.

6. THE CONTRACTOR SHALL NOT ORDER OR PLACE ANY PORTLAND CEMENT CONCRETE OR ASPHALT CONCRETE PAVING UNTIL THE

FORMS AND SUBGRADE AND/OR AGGREGATE BASE HAVE BEEN INSPECTED BY THE CITY/DISTRICT INSPECTOR AS APPROVED BY THE ENGINEER IN CHARGE OF CONSTRUCTION.

7. EDGE OF EXISTING PAVEMENT SHALL BE TACK COATED PRIOR TO CONSTRUCTION OF NEW PAVEMENT.

8. ALL EXISTING FACILITIES SHALL BE ADJUSTED TO FINISH GRADE AS DIRECTED BY CITY/DISTRICT INSPECTOR. MANHOLES, WATER

VALVE BOXES, CLEAN OUT FRAMES AND COVERS SHALL BE BROUGHT TO FINISHED GRADE BY THE CONTRACTOR AFTER PAVING IS COMPLETED.

9. IF ANY PORTION OF EXISTING SIDEWALK AND/OR CURB & GUTTER ARE TO BE REMOVED, CONTRACTOR SHALL REPLACE IN ACCORDANCE TO CITY OF CUPERTINO STANDARD DETAILS & SPECIFICATIONS.

CAST-IN-PLACE CLOSURE PIECE

JUNCTION/ TRANSITION STRUCTURE

POTHOLE LOCATION

AB AGGREGATE BASE

AC ASPHALT CONCRETE

AD AREA DRAIN

BW BACK OF WALK

CIP CAST IN PLACE

CITY CITY OF CUPERTINO

CFS CUBIC FEET PER SECOND

CL CENTERLINE

CLF CHAIN-LINK FENCE

CONC CONCRETE

CO CLEAN OUT

DIP DUCTILE IRON PIPE
(E), EX EXISTING

EG EXISTING GRADE

EL ELEVATION

EP EDGE OF PAVEMENT

EST ESTIMATED

FC FACE OF CURB

FG FINISHED GRADE

FL FLOWLINE

FKCL FIBERGLASS-KRAFT WRAPPED--CEMENT LINED

FS FINISHED SURFACE

FT FEET
G GAS

ID INSIDE DIAMETER

INV INVERT/ INLET ELEVATION

LAT LATERAL

LF LINEAR FEET

LT LEFT

NTS NOT TO SCALE

OD OUTSIDE DIAMETER

PH POTHOLE

PVC POLYVINYL CHLORIDE

PVMT PAVEMENT

RCB REINFORCED CONCRETE BOX

RCP REINFORCED CONCRETE PIPE

RIM ELEVATION OF RIM
R0W RIGHT OF WAY

RT RIGHT

SD STORM DRAIN

SDMH STORM DRAIN MANHOLE

SPECS SPECIFICATIONS

STA STATION

STD STANDARD

TYP TYPICAL

W WATER

UTIL UTILITY

X-ING CROSSING
2 710
CC 05-16-2023
710 of 1145
SS
SS
SS
SS

SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS

SS SS SS SS SS SS SS SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
SS

SS SS SS SS SS SS SS
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
W
W
W
W
W
W
W
W
W

W W W W W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
18" RCP SD
18" RCP SD 18" RCP SD
36" RCP SD
48" RCP SD
78" RCP SD
6" VCP SS
6" VCP SS 6" VCP SS
8" PVC SS
8" PVC SS
GAS
GAS
GAS
GAS
GAS
GAS
GAS
GAS
GAS
GAS
GAS
GAS
W
W
W
W
W
W
W
W
W
W
GAS
GAS
GAS
GAS

W W W W W W W W W W W W W W W
W
W
W
W
W
W
W
W
W
W
W
8" DIP W
4" DIP W
8" DIP W
8" DIP W 8" DIP W 8" DIP W 4" DIP W SS SS
SS
SS
SS
SS
SS
6" PVC SS

8.625" FKCL W
W
W
W
GAS
GAS
GAS
GAS
GAS
GAS

GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS

GAS GAS GAS GAS GAS GAS

GAS GAS

GAS GAS
GAS

GAS GAS GAS

GAS GAS GAS GAS GAS GAS
GAS
GAS
GAS
GAS

GAS GAS GAS GAS
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH

OH OH OH OH OH OH OH OH OH OH
2" GAS
2" GAS
2" GAS
2" GAS 2" GAS
3" GAS
2" GAS 2" GAS
WW
W
WW
W
W
W
W
W

W SS SS SS SS SS SS
SS
SS
SS
GAS
GAS

8.625" FKCL W
W
W
W
W
W
W
W
W
W
SS
SS
SS
SS
SS
CO CO 8" DIP W 8" PVC SS
4" DIP W 8" DIP W
7899 FIESTA LN
7895 FIESTA LN
7887 FIESTA LN
7883 FIESTA LN
7898 FIESTA LN
7894 FIESTA LN
7890 FIESTA LN
7886 FIESTA LN 7883 FIESTA LN 7902 FESTIVAL CT 988 SEPTEMBER DR 992 SEPTEMBER DR 7886

FESTIVAL DR
7860

FESTIVAL DR
7854

FESTIVAL DR

FESTIVAL DR FESTIVAL DR
REMOVE APPROX.
225 LF OF EXISTING
18" RCP
REMOVE APPROX.
250 LF OF EXISTING
18" RCP
REMOVE APPROX. 196
LF OF EXISTING 36" RCP

REMOVE EXISTING

STORM DRAIN

MANHOLE

REMOVE EXISTING

STORM DRAIN

MANHOLE

REMOVE EXISTING

STORM DRAIN

MANHOLE
REMOVE APPROX.
46 LF OF EXISTING
48" RCP

REMOVE EXISTING

STORM DRAIN

MANHOLE

REMOVE EXISTING

STORM DRAIN

MANHOLE
REMOVE APPROX.
112 LF OF EXISTING
18" RCP

REMOVE EXISTING

STORM DRAIN

MANHOLE
REMOVE APPROX.
26 LF OF EXISTING
36" RCP
REMOVE APPROX.
49 LF OF EXISTING
8" RCP
4 5 6
7 9
2 1
3 8
10 \\BKF-RC\VOL4\2021\211865_PUMPKIN_FIESTA\ENG\SHEETS\C1.0_DEMO-PLAN.DWG

SHEET OF REVISIONS

IMPROVEMENT PLANS FOR
FILE:

SCALE:

PROJ. ENGR:

CHECKED:

DRAWN:

DESIGNED:

DATE: FEBRUARY 10, 2023
RM
SP
AD
CITY APPR.

CUPERTINO

CITY OF
15 BKF ENGINEERS
255 SHORELINE DRIVE
SUITE 200
REDWOOD CITY, CA 94065
(650) 482-6300
www.bkf.com
100% SUBMITTAL

NOT FOR CONSTRUCTION

CITY OF CUPERTINO, SANTA CLARA COUNTY, CALIFORNIA

CITY OF CUPERTINO

PUBLIC WORKS DEPARTMENT
NOTES

1. CONTRACTOR SHALL POTHOLE TO EXPOSE AND VERIFY LOCATION

AND ELEVATION OF EXISTING UTILITIES PERCEIVED TO BE IN
CONFLICT. THE POTHOLE LOCATIONS SHOWN ON THIS SHEET ARE

THE MINIMUM REQUIRED AND ADDITIONAL POTHOLES MAY BE
NEEDED.

2. CONTRACTOR SHALL POTHOLE LOCATIONS SHOWN PRIOR TO
EXCAVATION AND PROCURING MATERIALS.

DEMOLITION PLAN / POTHOLE PLAN

POTHOLE TABULATION TABLE
NO. DESCRIPTION GROUND ELEV. DEPTH
8" WATER MAIN 324.20 TBD
2" GAS MAIN 324.00 TBD
8" WATER MAIN 321.87 TBD
1" WATER SERVICE 319.47 TBD
2" GAS MAIN 318.57 TBD
8" WATER MAIN 318.60 TBD
8" WATER MAIN 319.44 TBD
8" WATER MAIN 317.52 TBD
1" WATER SERVICE 314.10 TBD
8" WATER MAIN 311.89 TBD
3 1
2 3
4 5
6 7
8 9

AS SHOWN
PLAN
SCALE: 1" = 30'
10 711
CC 05-16-2023
711 of 1145
SS
SS
SS
SS
SS
SS
SS

SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS
SS
SS
SS
SS
SD
SD
SD
SD
SD

SD SD SD SD SD
SD
SD
W
W
W
W
W
W
W
W
W
W

W W W W W W W W W W W
W
W
W
W
W
W
W
W
W
W
18" RCP SD
18" RCP SD
6" VCP SS
6" VCP SS
GAS
GAS
GAS
GAS
GAS
GAS
GAS
GAS
GAS
GAS
GAS
GAS
W
W
W
W
W
W
W
W
W
W
W
8" DIP W
8" DIP W 8" DIP W
SS
SS
SS
SS
SS
SS
SS
SS
SS GAS
GAS
GAS
GAS
GAS
GAS
GAS
GAS
GAS

GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS
GAS
GAS
GAS
GAS
GAS
GAS
GAS
GAS
GAS
GAS
GAS
GAS
OH
OH
OH
OH
OH
OH
3" GAS
2" GAS
2" GAS
W
W
W
W
W
W
W
W
W W
W W
W
W
W
W
SS
SS
SS
SS
SS
SS
SS
SS
SS
7899

FIESTA LN
7895

FIESTA LN
7887

FIESTA LN
7883

FIESTA LN
7898

FIESTA LN
7894

FIESTA LN
7890

FIESTA LN
7886

FIESTA LN
993

NOVEMBER DR
999

NOVEMBER DR
1005

NOVEMBER DR
182 LF - 4'x2' RCB 37 LF - 36" RCP
103 LF - 36" RCP
TRANSITION STRUCTURE #1
STA 2+07.67
(N) SDMH #2
STA 4+36.25
TRANSITION STRUCTURE #2
STA 3+94.39
STA 4+28.20
(E) 8" W X-ING
STA 4+07.24
(E) 2" G X-ING
STA 1+60.22
(E) SS LAT X-ING
STA 1+14.66
(E) 2" G X-ING
STA 1+06.39
(E) 8" W X-ING
STA 2+74.61
(E) SS LAT X-ING
STA 3+28.48
(E) SS LAT X-ING
STA 3+84.39
(E) SS LAT X-ING
PROTECT (E) 8" W

IN PLACE
SDMH #1
STA 1+00.00
1 S3.0
1 S2.0
(E) THRUST BLOCK

PROTECT IN-PLACE
2 C3.0
3 C3.0

EXISTING GRADE OVER
SD CENTERLINE STA 4+07.24 (E) 2" G X-ING INV 315.5± STA 4+28.20 (E) 8" W X-ING INV 314.4± 6" Ø VCP SS STA 2+74.61 (E) SS LAT X-ING INV 313.01 STA 3+28.48 (E) SS LAT X-ING INV 312.52 STA 3+84.39 (E) SS LAT X-ING INV 312.01 18" Ø RCP SD
182 LF - 4'x2' PRECAST CONCRETE BOX, S=0.010
37 LF - 36" Ø RCP, S=0.014 STA 1+06.39 (E) 8" W X-ING INV 319.8± 103 LF - 36" Ø RCP, S=0.007
6" Ø VCP SS STA 1+60.22 (E) SS LAT X-ING INV 314.19
18" Ø RCP SD STA 1+14.66 (E) 2" G X-ING INV 320.4±

3.0'

0.4' 0.4'

0.4'

0.6'

4.3'

0.4'

1.4'

0.8'

1.5' SDMH #1 STA 1+00.00 RIM 324.37 EX 8" INV IN: 321.71' (N) EX 8" INV IN: 318.62 (SE) EX 18" INV IN: 315.73' (W) 36" INV OUT: 315.68 (E) TRANSITION STRUCTURE #1 STA 2+07.67 RIM 322.18 36" INV IN: 314.95' (W) 4'x2' INV OUT: 314.95' (E) TRANSITION STRUCTURE #2 STA 3+94.39 RIM 318.55 4'x2' INV IN: 313.09' (W) 36" INV OUT: 310.92' (E) SDMH #2 STA 4+36.25 RIM 318.64 EX 8" INV IN: 314.78 (NW) EX 8" INV IN: 314.99 (SW) 36" INV IN: 310.32 (W) 36" INV OUT: 310.32 (N) LEGEND

REPLACE EXISTING MANHOLE WITH NEW MANHOLE
PER CITY OF CUPERTINO DETAIL 3-14 ON SHEET C3.0

CONSTRUCTION NOTES

1. CONTRACTOR TO VERIFY EXISTING STORM DRAIN

LATERALS TO REMAIN IN PLACE AND SHALL RECONNECT

ALL EXISTING STORM DRAIN LATERALS TO NEW
STRUCTURES.

2. CONTRACTOR SHALL SLURRY SEAL FULL WIDTH OF THE
STREET WHERE TRENCHED INCLUDING RETURNS.

3. CONTRACTOR TO COORDINATE WITH PG&E FOR

INSPECTIONS DURING CONSTRUCTION WHEN CROSSING
EXISTING GAS MAIN.

4. CONTRACTOR SHALL INSTALL TEMPORARY SEWER

BYPASS SYSTEM TO FACILITATE SEWER MAIN
REPLACEMENT.

5. ALL STORM DRAIN PIPE, BOX AND MANHOLE JOINT SHALL
BE WATER TIGHT.

6. CONTRACTOR IS RESPONSIBLE FOR CONFIRMING THE
LOCATION AND DEPTH OF ALL EXISTING UTILITIES SHOWN.

THE CITY SHALL BE NOTIFIED IMMEDIATELY OF ANY
NECESSARY CHANGES TO THE PLANS.

7. CONTRACTOR SHALL PROTECT ALL EXISTING UTILITIES TO
REMAIN IN THE WORK AREA DURING CONSTRUCTION.

8. CONTRACTOR SHALL PROVIDE ADVANCE NOTICE AND

COORDINATE WITH SAN JOSE WATER TO SHUTOFF WATER

SERVICE, IF NEEDED, TO PREVENT DAMAGE TO EXISTING
WATER MAIN.

INSTALL MANHOLE ON TOP OF BOX PER DETAIL 2
SHOWN FOR REFERENCE ONLY ON SHEET C3.1

CONNECT NEW STORM DRAIN LATERAL TO PRECAST
BOX PER DETAIL 1 SHOWN FOR REFERENCE ONLY ON
SHEET C3.1
REPLACE 40' OF EXISTING 8" PVC SS WITH NEW 8" DIA
FUSED SDR 17 HDPE WITH STEEL CASING PER DETAIL
5 ON SHEET C3.2
INSTALL CONCRETE CASEMENT PER DETAIL 4 ON
SHEET C3.2
1 2
3 4
5 340
330
320
310
1+00 2+00 3+00
300
340
330
320
310
300
0+00 R:\2021\211865_PUMPKIN_FIESTA\ENG\SHEETS\C2.0_PLAN-PROFILE.DWG

SHEET OF REVISIONS

IMPROVEMENT PLANS FOR
FILE:

SCALE:

PROJ. ENGR:

CHECKED:

DRAWN:

DESIGNED:

DATE: FEBRUARY 10, 2023
RM
SP
AD
CITY APPR.

CUPERTINO

CITY OF
15 BKF ENGINEERS
255 SHORELINE DRIVE
SUITE 200
REDWOOD CITY, CA 94065
(650) 482-6300
www.bkf.com
100% SUBMITTAL

NOT FOR CONSTRUCTION

CITY OF CUPERTINO, SANTA CLARA COUNTY, CALIFORNIA

CITY OF CUPERTINO

PUBLIC WORKS DEPARTMENT
4 PLAN
SCALE: 1" = 20'

PROFILE
SCALE: 1" = 20' HORIZ.
1" =4' VERT.
4+00 4+60

AS SHOWN

PLAN AND PROFILE - FIESTA LN
MATCHLINE - STA 4+60 SEE SHEET C2.1
712
CC 05-16-2023
712 of 1145

SS SS SS SS SS SS SS SS SS SS SS
SS
SS
SS
SS
SS
SS
SS
SD
SD
36" RCP SD
48" RCP SD
78" RCP SD
8" PVC SS
8" PVC SS
GAS
GAS

W W W W W W W W W W
W
W
W
W
W
8" DIP W

8.625" FKCL W

GAS GAS GAS GAS GAS
GAS
GAS
GAS
GAS
GAS
GAS
GAS
GAS

GAS GAS GAS GAS GAS
2" GAS
2" GAS
WW
GAS
GAS
GAS
GAS
CO CO
RIM: 309.84
(E) 36" INV: 304.24 (N)
(E) 36" INV: 304.19 (NE) RIM: 309.66
(E) 36" INV: 304.13 (NE)
RIM: 309.33
(E) 36" INV: 304.03 (NW)
(E) 36" INV: 303.81 (SW)
RIM: 310.18
(E) 36" INV: 305.49 (SW)
7886

FESTIVAL DR
7860

FESTIVAL DR
7854

FESTIVAL DR
7885

FESTIVAL DR
7886

FESTIVAL DR
97 LF - 7'x3' RCB
48 LF - 7'x4' RCB

3.5'

5.6' 53 LF - 7'x3' RCB
TRANSITION STRUCTURE #3
STA 9+30.13
STA 9+08.09
(E) 8" SS X-ING

CAST-IN-PLACE
CLOSURE PIECE #1
STA 8+05.56
STA 7+43.81
(E) SS LAT X-ING
STA 7+99.54
(E) SS LAT X-ING

CAST-IN-PLACE
CLOSURE PIECE #2
STA 8+70.81
INSTALL APPROX.
9 LF OF 36" DIA

RCP SD PIPE
INSTALL 5' OF NEW 36" DIA
RCP AND RECONNECT (E) 36"
TO BOX
SDMH #3 (ON BOX)
STA 7+92.76
1 1 2
S6.0 S6.0
S4.0
1 C3.1
1 C3.1
4 C3.0

SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SD
SD
SD
SD

WSD W W W W W W W W W W W W W
18" RCP SD
6" VCP SS
W
W
W
W
W
W
W
W
W
W
W 8" DIP W
8" DIP W
SS 6" PVC SS
W W
W

GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS

GAS GAS GAS
GAS OH OH OH OH OH OH OH OH OH OH OH 2" GAS 2" GAS
2" GAS
W
W CO
RIM: 316.86' (E) 8" INV: 313.96 (NW)
8" DIP W
8" PVC SS 8" DIP W 4" DIP W
7883

FIESTA LN
7902

FESTIVAL CT
988

SEPTEMBER DR
992

SEPTEMBER DR
7886

FESTIVAL DR
250 LF - 36" RCP 97 LF - 7'x3' RCB

JUNCTION STRUCTURE
STA 6+89.68
STA 6+99.80
(E) 6" SS X-ING
STA 7+14.01
(E) 8" W X-ING
STA 6+82.02
(E) 8" W X-ING
1 S5.0
INSTALL APPROX. 43 LF
OF 12" DIA RCP SD PIPE

WITH CONCRETE

COLLAR AT BEND
(E) THRUST BLOCK

PROTECT IN-PLACE
3-18
C3.0
12" RCP
S = 0.092
1 C3.0

EXISTING GRADE OVER
SD CENTERLINE STA 6+82.02 (E) 8" W X-ING INV 314.7± STA 6+99.80 (E) 6" SS X-ING INV 306.3± STA 7+14.01 (E) 8" W X-ING INV 314.5± 8" Ø VCP SS
18" Ø RCP SD
250 LF - 36" Ø RCP, S=0.006

2.4'

1.1'

2.6'

4.5' STA 6+96.40 8" SD LAT INV 310.0± JUNCTION STRUCTURE STA 6+89.68 RIM 318.69 EX 36" INV IN: 309.04 (N) 36" INV IN: 308.69 (S) 7'x3' INV OUT: 308.69 (E)

EXISTING GRADE OVER

SD CENTERLINE
78" Ø RCP SD 8" Ø PVC SS
97 LF - 7'x3' PRECAST CONCRETE
BOX, S=0.012 STA 7+43.81 (E) SS LAT X-ING INV 305.91 STA 7+99.54 (E) SS LAT X-ING INV 304.60 36" Ø RCP SD
48" Ø RCP SD
8" Ø PVC SS
53 LF - 7'x3' PRECAST CONCRETE BOX, S=0.049 STA 8+84.94 36" SD LAT INV 304.00 STA 9+04.93 36" SD LAT INV 304.00 STA 9+08.09 (E) SS 8" X-ING INV 301.7± (E) 2" GAS

3.1'

2.2'

1.7'

0.7'

1.1' STA 9+21.28 16" STEEL CASING SDMH #3 (ON BOX) STA 7+92.76 RIM 314.24 INV 310.40 CONCRETE COLLAR #1 STA 8+05.56 RIM 313.95 7'x3' INV IN: 307.28 (W) 7'x3' INV OUT: 307.28 (E) CONCRETE COLLAR #2 STA 8+70.81 RIM 310.89 7'x3' INV IN: 304.07 (W) 7'x4' INV OUT: 304.07 (SE) TRANSITION STRUCTURE #3 STA 9+30.13 RIM 310.15 EX 36" INV IN: 303.80 (E) EX 36" INV IN: 303.85 (W) 7'x4' INV IN: 303.71 (NW) EX 78" INV OUT: 300.07 (SE) 48 LF - 7'x4' PRECAST

CONCRETE BOX,
S=0.006 STA 8+94.90 16" STEEL CASING
LEGEND

REPLACE EXISTING MANHOLE WITH NEW MANHOLE
PER CITY OF CUPERTINO DETAIL 3-14 ON SHEET C3.0

CONSTRUCTION NOTES

1. CONTRACTOR TO VERIFY EXISTING STORM DRAIN

LATERALS TO REMAIN IN PLACE AND SHALL RECONNECT

ALL EXISTING STORM DRAIN LATERALS TO NEW
STRUCTURES.

2. CONTRACTOR SHALL SLURRY SEAL FULL WIDTH OF THE
STREET WHERE TRENCHED INCLUDING RETURNS.

3. CONTRACTOR TO COORDINATE WITH PG&E FOR

INSPECTIONS DURING CONSTRUCTION WHEN CROSSING
EXISTING GAS MAIN.

4. CONTRACTOR SHALL INSTALL TEMPORARY SEWER

BYPASS SYSTEM TO FACILITATE SEWER MAIN
REPLACEMENT.

5. ALL STORM DRAIN PIPE, BOX AND MANHOLE JOINT SHALL
BE WATER TIGHT.

6. CONTRACTOR IS RESPONSIBLE FOR CONFIRMING THE
LOCATION AND DEPTH OF ALL EXISTING UTILITIES SHOWN.

THE CITY SHALL BE NOTIFIED IMMEDIATELY OF ANY
NECESSARY CHANGES TO THE PLANS.

7. CONTRACTOR SHALL PROTECT ALL EXISTING UTILITIES TO
REMAIN IN THE WORK AREA DURING CONSTRUCTION.

8. CONTRACTOR SHALL PROVIDE ADVANCE NOTICE AND

COORDINATE WITH SAN JOSE WATER TO SHUTOFF WATER

SERVICE, IF NEEDED, TO PREVENT DAMAGE TO EXISTING
WATER MAIN.

INSTALL MANHOLE ON TOP OF BOX PER DETAIL 2
SHOWN FOR REFERENCE ONLY ON SHEET C3.1

CONNECT NEW STORM DRAIN LATERAL TO PRECAST
BOX PER DETAIL 1 SHOWN FOR REFERENCE ONLY ON
SHEET C3.1
REPLACE 40' OF EXISTING 8" PVC SS WITH NEW 8" DIA
FUSED SDR 17 HDPE WITH STEEL CASING PER DETAIL
5 ON SHEET C3.2
INSTALL CONCRETE CASEMENT PER DETAIL 4 ON
SHEET C3.2
1 2
3 4
5 4+60
330
320
310
300
5+00 6+00
330
320
310
7+20 8+00 9+00 9+80
290
300
290
330
320
310
300
290
330
320
310
300
290 R:\2021\211865_PUMPKIN_FIESTA\ENG\SHEETS\C2.0_PLAN-PROFILE.DWG

SHEET OF REVISIONS

IMPROVEMENT PLANS FOR
FILE:

SCALE:

PROJ. ENGR:

CHECKED:

DRAWN:

DESIGNED:

DATE: FEBRUARY 10, 2023
RM
SP
AD
CITY APPR.

CUPERTINO

CITY OF
15 BKF ENGINEERS
255 SHORELINE DRIVE
SUITE 200
REDWOOD CITY, CA 94065
(650) 482-6300
www.bkf.com
100% SUBMITTAL

NOT FOR CONSTRUCTION

CITY OF CUPERTINO, SANTA CLARA COUNTY, CALIFORNIA

CITY OF CUPERTINO

PUBLIC WORKS DEPARTMENT
5 PROFILE
SCALE: 1" = 20' HORIZ.
1" = 4' VERT.

PLAN
SCALE: 1" = 20'
7+00 7+20

AS SHOWN

PLAN AND PROFILE -
SEPTEMBER DR / FESTIVAL DR MATCHLINE - STA 4+60 SEE SHEET C2.0 MATCHLINE - STA 7+20 SEE THIS SHEET MATCHLINE - STA 7+20

SEE THIS SHEET
PLAN
SCALE: 1" = 20'

PROFILE
SCALE: 1" = 20' HORIZ.
1" = 4' VERT.
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(E) 36" RCP
(P) 36" RCP
(P) 7' X 3' RCB
INV 308.69

9.6'

6.0'
SEE

STRUCTURAL

DETAILS ON
SHEET S5.0
24" (I.D.) MANHOLE RISER
24" STD. CITY OF CUPERTINO RIM AND COVER
RIM ELEV 318.69
INV 308.69
INV 309.04

3.0'
SEE NOTE 1
(N) 7' X 4' RCB
(E) 78" RCP
(E) 36" RCP
INV 303.80

6.4'

8.5'
24" STD. CITY OF CUPERTINO RIM AND COVER
RIM ELEV 310.15
INV 300.07 INV 300.07
INV 303.71

SEE STRUCTURAL
DETAILS ON SHEET S4.0

0.4'
SEE NOTE 1
(N) 4' X 2' RCB
(N) 36" RCP
5'

5.7'
24" (I.D.) MANHOLE RISER
24" STD. CITY OF CUPERTINO RIM AND COVER
RIM ELEV 318.55
INV 310.92 INV 310.92
INV 313.09

SEE STRUCTURAL
DETAILS ON SHEET S3.0

1.0'
SEE NOTE 1
5'

5.8'
24" STD. CITY OF CUPERTINO RIM AND COVER
RIM ELEV 322.18
INV 314.95

0.4'
SEE NOTE 1
(N) 36" RCP
INV 314.95
INV 314.95
(N) 4' X 2' RCB

SEE STRUCTURAL
DETAILS ON SHEET S2.0 R:\2021\211865_PUMPKIN_FIESTA\ENG\SHEETS\C3.0-DETAILS.DWG

SHEET OF REVISIONS

IMPROVEMENT PLANS FOR
FILE:

SCALE:

PROJ. ENGR:

CHECKED:

DRAWN:

DESIGNED:

DATE: FEBRUARY 10, 2023
RM
SP
AD
CITY APPR.

CUPERTINO

CITY OF
15 BKF ENGINEERS
255 SHORELINE DRIVE
SUITE 200
REDWOOD CITY, CA 94065
(650) 482-6300
www.bkf.com
100% SUBMITTAL

NOT FOR CONSTRUCTION

CITY OF CUPERTINO, SANTA CLARA COUNTY, CALIFORNIA

CITY OF CUPERTINO

NO SCALE PUBLIC WORKS DEPARTMENT
DETAILS (1 OF 3)
SCALE: 1" = 2'
NOTE:

1. CONTRACTOR SHALL CONFIRM DEPTH AND
ADJUST AS NEEDED TO FIELD FIT.

2. EXISTING 36" RCP AT INV 309.04 IS NOT
SHOWN FOR CLARITY.

NOTE:

1. CONTRACTOR SHALL CONFIRM DEPTH AND
ADJUST AS NEEDED TO FIELD FIT.

NOTE:

1. CONTRACTOR SHALL CONFIRM DEPTH AND
ADJUST AS NEEDED TO FIELD FIT.

2. EXISTING 36" RCP AT INV 303.85 IS NOT
SHOWN FOR CLARITY.

NOTE:

1. CONTRACTOR SHALL CONFIRM DEPTH AND
ADJUST AS NEEDED TO FIELD FIT.

SCALE: 1" = 2' SCALE: 1" = 2' SCALE: 1" = 2'
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\\BKF-RC\VOL4\2021\211865_PUMPKIN_FIESTA\ENG\SHEETS\C3.0-DETAILS.DWG

SHEET OF REVISIONS

IMPROVEMENT PLANS FOR
FILE:

SCALE:

PROJ. ENGR:

CHECKED:

DRAWN:

DESIGNED:

DATE: FEBRUARY 10, 2023
RM
SP
AD
CITY APPR.

CUPERTINO

CITY OF
15 BKF ENGINEERS
255 SHORELINE DRIVE
SUITE 200
REDWOOD CITY, CA 94065
(650) 482-6300
www.bkf.com
100% SUBMITTAL

NOT FOR CONSTRUCTION

CITY OF CUPERTINO, SANTA CLARA COUNTY, CALIFORNIA

CITY OF CUPERTINO

NO SCALE PUBLIC WORKS DEPARTMENT
DETAILS (2 OF 3) 7
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12'

SIDEWALK
36'

TRAVEL WAY
12'

SIDEWALK EXISTING
STREET
P/L
P/L
1'
(E) SERVICE LATERAL

EXISTING VCP

SEWER MAIN

NEW STORM
DRAIN

CONCRETE CASEMENT
SEE DETAIL 4
(E) CLEANOUT
(E) CLEANOUT
30'

END SEAL

BOLT OR STUDY (TYP)
16" STEEL CASING

CASING SPACER
AT 10' INTERVAL

GLASS REINFORCED PLASTIC SPACERS

SECTION
PLAN
NOTES:

1. ALL JOINTS OF CARRIER PIPE WITHIN CASING SHALL BE
FUSED.

2. CARRIER PIPE SHALL BE TESTED BEFORE INSTALLATION OF
THE END SEALS ON CASING.

3. CASING SPACERS SHALL BE BOLTED AROUND THE PIPE SO

THAT THE PLASTIC RUNNERS ARE LOCATED SYMMETRICALLY
ABOUT THE VERTICAL AXIS OF THE PIPE.

4. 1/4" WALL THICKNESS SHALL BE USED FOR CASING.

5. CASING TO EXTEND A MINIMUM OF 5' FROM BOTH OUTER
EDGES OF RCB CROSSING.

BANDING
STRAPS

FILL ANNULAR SPACE WITH SAND
8" HDPE
SDR17
(E) 8" PVC (5' SPOOL) (E) 8" PVC

FLEXSEAL ARC

SHIELDING COUPLING,

OR APPROVED EQUAL
8" HDPE
SDR17
(5' SPOOL)

FLEXSEAL ARC

SHIELDING COUPLING,
OR APPROVED EQUAL \\BKF-RC\VOL4\2021\211865_PUMPKIN_FIESTA\ENG\SHEETS\C3.0-DETAILS.DWG

SHEET OF REVISIONS

IMPROVEMENT PLANS FOR
FILE:

SCALE:

PROJ. ENGR:

CHECKED:

DRAWN:

DESIGNED:

DATE: MARCH 30, 2023
RM
SP
AD
CITY APPR.

CUPERTINO

CITY OF
15 BKF ENGINEERS
255 SHORELINE DRIVE
SUITE 200
REDWOOD CITY, CA 94065
(650) 482-6300
www.bkf.com
100% SUBMITTAL

NOT FOR CONSTRUCTION

CITY OF CUPERTINO, SANTA CLARA COUNTY, CALIFORNIA

CITY OF CUPERTINO

NO SCALE PUBLIC WORKS DEPARTMENT
DETAILS (3 OF 3)

PVC / VCP
USE STANDARD "Y" PER
DETAIL 2 ON THIS SHEET

FOR CONNECTION TO
8 CONCRETE CASEMENT
18"
18"
D, SEE NOTE 1
MIN 4" CLEARANCE

SANITARY SEWER PIPE

AND/OR LATERAL

UTILITY PIPE
NOTE:

1. IF D> 12", DETAIL DOES NOT APPLY.

2. LENGTH OF CONCRETE CASEMENT SHALL BE UTILITY CROSS PIPE O.D. +2'.

3. CONCRETE SHALL BE CLASS B, 5 SACK, 1.5" MAX AGGREGATE.

PVC SDR 26
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\\BKF-RC\VOL4\2021\211865_PUMPKIN_FIESTA\ENG\SHEETS\C3.0-DETAILS.DWG

SHEET OF REVISIONS

IMPROVEMENT PLANS FOR
FILE:

SCALE:

PROJ. ENGR:

CHECKED:

DRAWN:

DESIGNED:

DATE: FEBRUARY 10, 2023
RM
SP
AD
CITY APPR.

CUPERTINO

CITY OF
15 BKF ENGINEERS
255 SHORELINE DRIVE
SUITE 200
REDWOOD CITY, CA 94065
(650) 482-6300
www.bkf.com
100% SUBMITTAL

NOT FOR CONSTRUCTION

CITY OF CUPERTINO, SANTA CLARA COUNTY, CALIFORNIA

CITY OF CUPERTINO

NO SCALE PUBLIC WORKS DEPARTMENT

CONSTRUCTION BMPS
15 723
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CITY OF CUPERTINO
Agenda Item
23-12166 Agenda Date: 5/16/2023
Agenda #: 12.

Subject: Consider rejecting all bids received for the 2023 Pavement Maintenance Phase 1 Project.

Authorize the Director of Public Works to reject all bids received for the 2023 Pavement Maintenance Phase 1 Project.

CITY OF CUPERTINO Page 1 of 1 Printed on 5/10/2023
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CITY COUNCIL STAFF REPORT
Meeting: May 16, 2023
Subject
Consider rejecting all bids received for the 2023 Pavement Maintenance Phase 1 Project.

Recommended Action
Authorize the Director of Public Works to reject all bids received for the 2023 Pavement Maintenance Phase 1 Project.

Reasons for Recommendation
On March 17, the City of Cupertino advertised the 2023 Pavement Maintenance Phase 1 Project (Project No. 2023-101). This project would provide rehabilitation of various residential and collector roads throughout the City. The project was estimated to cost $2.1 million. On April 18, the City received the following two responsive and responsible bids:

Bidder Bid Amount % Over Engineers Estimate
Engineers Estimate $2,100,000
Granite Construction Co. $2,905,645.21 38.4%
O’Grady Paving, Inc. $2,959,365.25 40.9%
Both bids significantly exceeded the engineer’s estimate, as well as the authorized project expenditure. This is likely due to a combination of reasons such as contractor availability and increases in labor and material costs. Staff recommends that, pursuant to Cupertino Municipal Code section 3.22.110(A), Council authorize the Director of Public Works to reject all bids.

The Department of Public Works will revise the project scope and readvertise the project in summer 2023, with recommended award and project start anticipated in Fall 2023.

Rejecting the bids and readvertising with a revised scope is expected to result in more competitive bids being received, as well as better unit pricing, and bid totals that align with the project budget.

Sustainability Impact
This action does not have any direct sustainability impacts. 725
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Fiscal Impact
Rejection of the bid will have no fiscal impact. Available funds will be carried over to next fiscal year.

California Environmental Quality Act (CEQA)
The proposed action is exempt from CEQA under CEQA Guidelines section 15378 (b) (5) as it is an administrative activity that will not result in a direct or indirect physical change to the environment.
_____________________________________
Prepared by: Jo Anne Johnson, Project Manager
Reviewed by: Chad Mosley, Interim Director of Public Works Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – 2023 Pavement Report
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5/4/2023
2023 PAVEMENT REPORT
Subject
2023 Pavement Report and future program funding options.

Discussion
The City of Cupertino’s street network is over 138 miles in length and covers approximately 26 million square feet (eight percent of the total area of the City.) The street network is one of the highest valued assets maintained by the City.

With proper maintenance, an asphalt street will typically last 20 years without the need of a total reconstruction, depending on variables such as traffic load. It is widely accepted that maintaining streets in good condition is cheaper and more efficient than reconstructing streets. For the past several years, the City has established a performance measure to maintain the average network Pavement Condition Index (PCI) at 82 or higher, which is considered “very good” per Attached 1 – Ranges of PCI Values.

Most street networks, including the Cupertino street network, degrade approximately two PCI points annually, due to weather and wear and tear from vehicles. Appropriate maintenance to a street network can overcome the degradation and successfully maintain or increase the condition of streets.

The table below shows the Cupertino Street Network PCI values for the years 2020‐2022, which includes the three‐year Metropolitan Transportation Commission moving average. 2020 2021 2022
Annual PCI 84 84 82
3‐year moving
average PCI
83 85 83
The Fiscal Year (FY) 2022‐23 budget authorized $3.1 million for maintenance of streets and park pathways. Staff anticipates completing two projects by end of calendar year 2023.

The 2023 Pavement Maintenance Phase 1 project, which will occur later this year due to the initial advertisement of bids being rejected because of the bid amounts received significantly exceeding the project budget, will include rehabilitation of various residential roads and park pathways. The Phase 2 project is currently out to bid and 727
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includes crack seal, fog seal and slurry seal of various residential streets. Upon completion of these two projects, PCI is expected to be maintained at 82, with natural deterioration being offset by applied maintenance.

Future Budget Options
The City receives several sources of non‐discretionary revenues required to be used for street and road purposes. These include Highway User Tax Account (HUTA) and Vehicle Registration Fees (VRF), which are distributed by Valley Transportation Authority (VTA,) and Road Maintenance and Rehabilitation Act (RMRA) (RMRA is also known as Senate Bill (SB) 1). In addition, General Fund revenues have been used to augment the street maintenance program in years past. Due to the economic uncertainty resulting from the pending California Department of Tax and Fee Administration (CDTFA) audit, the City will be exploring how various funding options will impact future PCI and will modify program performance measures and expenditures from the General Fund as appropriate.

The City uses an application called StreetSaver, which tracks PCI and provides the ability to run various budget scenarios. Based on a series of assumptions, StreetSaver allocates available funds across the street network, recommends improvements, and forecasts future PCI if recommendations are implemented. When RMRA was approved by California voters in 2017, it was presented as a means of funding deferred maintenance on State streets and roads. In addition, VRF revenues are required to be expended on road maintenance. Therefore, staff recommends these two revenue sources continue to fund pavement maintenance. For the purposes of this report, four funding scenarios were evaluated: 1) Maintain PCI at 82 (approximately $7.386 million/year) (HUTA, VRF, RMRA, and General Fund allocations); 2) Allocate all non‐discretionary street and road revenues to Pavement Maintenance (approximately $3.56 million/year) (VRF, RMRA, and HUTA); 3) Fund per FY 23‐24 draft budget request (approximately $2.735 million/year) (VRF, RMRA, and a portion of HUTA); and 4) Allocate VRF and RMRA revenues only (approximately $1.8 million/year) to Pavement Maintenance leaving HUTA funds to be used for “other streets and roads purposes” such as concrete maintenance. The table below depicts anticipated total expenditures, deferred maintenance, and projected PCI for a 10‐year period under each scenario.

Funding
Scenario
Total 10 Year
Expenditures
Deferred
Maintenance
(2032)
PCI Score PCI Category
1) PCI 82 $73,856,070 0 81 Very Good
2) 3.56M/YR $35,600,000 $15,440,936 78 Good
3) 2.735M/YR $27,350,000 $23,108,020 76 Good
4) 1.8M/YR $18,000,000 $33,103,420 72 Good
The charts below show annual pavement maintenance program costs and resulting deferred maintenance costs under each scenario over a 10‐year period. 728
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Chart 1 – Maintain PCI at 82
Chart 2 – 3.56 Million Annual Expenditure
Chart 3 – 2.735 Million Annual Expenditure
70 71
72 73
74 75
76 77
78 79
80 81
82 $0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
$18,000,000
$20,000,000
2023 2024 2025 2026 2027 2028 2029 2030 2031 2032
Maintain PCI at 82
Cost Deferred Maintenance PCI
76 77
78 79
80 81
82 83
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
$18,000,000
$20,000,000
2023 2024 2025 2026 2027 2028 2029 2030 2031 2032
Annual Budget = 3.56 M
Cost Deferred Maintenance PCI
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Chart 4 – 1.8 Million Annual Expenditure
Based on these evaluations, and considering recent budget uncertainties, staff is recommending that ongoing pavement maintenance be funded as indicated in Scenario 3, which utilizes VRF, RMRA and a portion of HUTA revenues to fund these projects and does not utilize General Funds directly for pavement maintenance. Further Scenario 3 maintains the City’s PCI in good condition, and offsets deferred maintenance against General Fund expenditures. The City is also allocated approximately 1.3M per year from Measure B revenues. Because the City’s PCI is greater than 70, our Measure B revenues are allowed to be used for Congestion Management purposes, such as construction of 66 68
70 72
74 76
78 80
82 84
$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
2023 2024 2025 2026 2027 2028 2029 2030 2031 2032
Annual Budget = 1.8 M
Cost Deferred Maintenance PCI
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bike/ped trails. Therefore, Measure B revenues were not included in the various funding scenarios, but it should be noted that these revenues can be used to address deferred maintenance if desired.

As noted above, decreasing pavement maintenance expenditures will result in increased deferred maintenance. However, all scenarios will maintain the City’s PCI in good condition. Information presented in this report is based upon historic revenues and current project costs. Gas Tax revenues may increase or decrease overtime. Future revenue projections were not available at the time of this report.

Attachments:
1 – Ranges of PCI Values
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Attachment A
Pavement Condition Value Street Condition
80-100 (Very Good–Excellent) New pavement with few signs of distress.
70-79 (Good) Pavement showing only low levels of
distress.
60-69 (Fair) Pavement that may require a
combination of rehabilitation and
preventive maintenance.
50-59 (At Risk) Deteriorated pavement requiring
immediate attention.
25-49 (Poor) Pavement showing extensive distress and
requiring major rehabilitation or
reconstruction.
0-24 (Failed) Extremely rough pavement that needs
complete reconstruction.

Pavement Condition Index (PCI)
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CITY OF CUPERTINO
Agenda Item
23-12250 Agenda Date: 5/16/2023
Agenda #: 13.

Subject: Consider a first reading of Ordinance No. 23-2248: "An Ordinance of the City Council of the City of Cupertino amending Chapter 9.18 of the Cupertino Municipal Code (CMC) regarding Stormwater PollutionPrevention and Watershed Protection." Conduct the first reading of Ordinance No. 23-2248: "An Ordinance of the City Council of the City of Cupertino amending Chapter 9.18 of the Cupertino Municipal Code regarding Stormwater Pollution Prevention and Watershed Protection."
Presenter: Ursula Syrova, Environmental Programs Manager CITY OF CUPERTINO Page 1 of 1 Printed on 5/10/2023
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CITY COUNCIL STAFF REPORT
Meeting: May 16, 2023
Subject
Consider a first reading of Ordinance No. 23-____: “An Ordinance of the City Council of the City of Cupertino amending Chapter 9.18 of the Cupertino Municipal Code (CMC) regarding Stormwater Pollution Prevention and Watershed Protection.” Recommended Action
Conduct the first reading of Ordinance No. 23-____: “An Ordinance of the City Council of the City of Cupertino amending Chapter 9.18 of the Cupertino Municipal Code regarding Stormwater Pollution Prevention and Watershed Protection.” Reasons for Recommendation
CMC Chapter 9.18, regarding Stormwater Pollution Prevention and Watershed Protection, is the City’s ordinance that ensures compliance with the Municipal Regional National Pollutant Discharge Elimination System (NPDES) Permit (i.e., Municipal Regional Permit (MRP)). The CMC currently references standards from the MRP that will be outdated beginning July 1, 2023. This ordinance revision will update the CMC to ensure compliance with the latest MRP iteration.

The City is subject to the requirements described in the third iteration of the MRP, designated MRP 3.01, which was adopted by the San Francisco Bay Regional Water Quality Control Board (Regional Water Board) and became effective on July 1, 2022.

Changes in MRP 3.0 related to building project size thresholds and their requirements to incorporate Low Impact Development features to treat stormwater go into effect on July 1, 2023, and require edits to the CMC. As the MRP is publicly available and is the main reference for guidance and enforcement, edits to the CMC have been made to remove restatements of requirements and instead refer to the MRP itself. Referring directly to the MRP, and future changes to the permit, will streamline the implementation of any further iterations and will ensure the CMC is compliant with NPDES requirements.

Other edits have also been made for clarity and to update terminology.

1 https://www.waterboards.ca.gov/sanfranciscobay/board_decisions/adopted_orders/2022/R2- 2022-0018.pdf
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Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

California Environmental Quality Act (CEQA)
The proposed ordinance amendments are exempt from CEQA under CEQA Guidelines section 15301 (operation of an existing program) and section 15308 (actions by regulatory agencies for the protection of the environment). _____________________________________
Prepared by: Ursula Syrova, Environmental Programs Manager Reviewed by: Chad Mosley, Interim Director of Public Works Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – CMC 9.18 Clean Version
B – CMC 9.18 Blackline Version
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1 ORDINANCE NO. __________________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE 9.18 RELATING TO STORMWATER POLLUTION

PREVENTION AND WATERSHED PROTECTION
The City Council of the City of Cupertino finds that:

1. Changes to the Municipal Regional National Pollutant Discharge Elimination System (NPDES) Permit that become effective July 1, 2023, require edits to the City’s municipal code to ensure ongoing compliance and enforceability of requirements.

2. The City Council of the City of Cupertino held a duly noticed public hearing on May 16, 2023, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof.

NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:

SECTION 1. Adoption.

The Cupertino Municipal Code is hereby amended as set forth in Attachment A.

SECTION 2: Severability and Continuity.

The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions. 736
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Ordinance No. __________

Page 2 ends

SECTION 3: California Environmental Quality Act.

This Ordinance is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed ordinance amendments are exempt from CEQA under CEQA Guidelines section 15301 (operation of an existing program) and section 15308 (actions by regulatory agencies for the protection of the environment). The foregoing determination is made by the City Council in its independent judgment.

SECTION 4: Effective Date.

This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.

SECTION 5: Publication.

The City Clerk shall give notice of adoption of this Ordinance as required by law.

Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance.

INTRODUCED at a regular meeting of the Cupertino City Council on May 16, 2023, and ENACTED at a regular meeting of the Cupertino City Council on __________, 2023, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:
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Ordinance No. __________

Page 3 ends

SIGNED:
______________________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Christopher D. Jensen, City Attorney
________________________
Date
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Ordinance No. __________

Page 1 ends

Stormwater Pollution Prevention Ordinance - Page 1
Attachment A – Amendments to City Code 9.18 regarding stormwater pollution prevention and watershed protection
The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:

CHAPTER 9.18: STORMWATER POLLUTION PREVENTION AND WATERSHED PROTECTION* Section

9.18.010 Purpose of chapter.

9.18.015 Administration.

9.18.020 Definitions.

9.18.030 Limitations on point of discharge.

9.18.040 Discharge into the storm drain system prohibited.

9.18.050 Public nuisance.

9.18.060 Protection of storm drain from accidental discharge.

9.18.070 Accidental discharge–Notification of discharge.

9.18.080 Permitted discharges pursuant to industrial and construction stormwater NPDES general permits.

9.18.090 Stormwater pollution prevention plan (SWPPP).

9.18.100 Permanent stormwater measures required for regulated projects.

9.18.115 Trash load reductions to storm drain system.

9.18.120 Stormwater management plan required for regulated projects.

9.18.130 Low impact development (LID) requirements.

9.18.140 Reserved

9.18.150 Stormwater treatment measure operation and maintenance responsibility.

9.18.160 Agreement to maintain stormwater treatment systems and best management practices.

9.18.170 Stormwater treatment systems and BMP inspection and verification responsibility

9.18.180 Records of maintenance and inspection activities and submission of revised stormwater management plan.

9.18.190 Failure to maintain.
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9.18.195 Inspections by City.

9.18.200 Inspection and maintenance easement.

9.18.210 Stormwater pollutant source controls and BMPs.

9.18.215 Litter prevention and enforcement.

9.18.220 Violation.

9.18.230 Civil penalty for violation–Payment of funds to account.

9.18.240 Civil penalty for illicit discharges–Payment of funds to account.

9.18.250 Notice of violation.

9.18.260 Administrative penalties–Payment of funds to account.

9.18.270 Severability.
* Prior ordinance history: Ord. 1571.

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.
(https://www.waterboards.ca.gov/sanfranciscobay/board_decisions/adopted_orders/2022/ R2-2022-0018.pdf)
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 (MRP) initially issued to the City of Cupertino on October 14, 2009 (Effective December 1, 2009) and any subsequent amendments thereto, 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 740
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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. The MRP, as amended from time to time, is incorporated by reference into this chapter. The City Clerk shall update the link provided in this chapter as necessary to incorporate any amendments to the MRP. Any act or omission that causes or contributes to a violation of any condition of the MRP is a violation of the Municipal Code and is subject to the enforcement provisions of this Chapter.

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.
(Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)

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. (Ord. 2088, § 1(part), 2012)

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.
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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 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. “CASQA.” California Stormwater Quality Association.

6. “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.

7. “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.

8. “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.

9. “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.

10. “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.

11. “Detention.” The temporary storage of storm runoff in a manner that controls peak discharge rates and provides some gravity settling of pollutants.

12. “Development.” Construction, rehabilitation, redevelopment, or reconstruction of any public or private residential project (whether single-family, multi-unit, or planned unit development); or industrial, commercial, retail or other nonresidential project, including public agency projects.
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13. “Director of Public Works.” The Director of Public Works and his or her duly authorized agents and representatives.

14. “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.

15. “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.

16. “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.

17. “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.

18. “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.

19. “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.

20. “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.

21. “Food service facility.” Any nonresidential establishment that uses or generates grease when preparing food.

22. “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.
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23. “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.

24. “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.

25. “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.

26. “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.

27. “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 from hydromodification include channel scouring, bank undercutting, and channel widening and deepening, all of which adversely impact downstream habitats.

28. “Hydromodification management” (“HM”). The requirements for Regulated Projects that create or replace one acre or more of impervious surface per Provision C.3.g.and Attachment F for the Santa Clara County permittees, as adopted in the Municipal Regional Permit. 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.

29. “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.

30. “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.

31. “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.

32. “Impervious surface area.” The ground area covered or sheltered by an impervious surface, measured as if from directly above.
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33. “Infiltration.” The process of percolating stormwater or non-stormwater into the subsoil.

34. “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.

35. “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, 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.

36. “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 longterm lease.

37. “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.

38. “Litter.” As used in this chapter, litter may be, but is not limited to, plastic, paper, cigarette butts, floor sweepings, trash, rubbish, food, cloth, metal, recyclable material, or waste matter of whatever character.

39. “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.

40. “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.

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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.

42. “Mobile Businesses.” Service providing businesses that operate by traveling to customers or customer’s sites, rather than operating from a permanently fixed facility.

43. “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).

44. “New development.” Construction, rehabilitation, redevelopment, or reconstruction of any public or private residential project (whether single-family, multi-unit, or planned unit development); or industrial, commercial, retail or other nonresidential project, including public agency projects.

45. “Non-stormwater.” Any discharge that is not composed entirely of stormwater.

46. “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.

47. “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.

48. “ Stormwater Management Facilities Operation, Maintenance and Easement 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.

49. “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.

50. “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. 746
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51. “Permit.” The permit issued by the City of Cupertino to the applicant required for undertaking any land development activity.

52. “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.

53. “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.

54. “Redevelopment.” 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.

55. “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.

56. “Regulated Project.” Any project fitting a category description listed in Provision C.3.b. of the Municipal Regional Permit.

57. “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.

58. “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.

59. “Runon.” Water entering a specific location from elsewhere on or off a site.

60. “Sanitary sewage or sewage.” Water-carried wastes from residences, business property, institutions and industrial property excluding ground water, surface water, and storm waters.

61. “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.

62. “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.
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63. “Sewer system or sanitary sewer system.” All sewers and other facilities for carrying, collecting, treating, and disposing of sanitary sewage.

64. “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.

65. “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.

66. “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.

67. “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.

68. “Stormwater.” Surface runoff and drainage associated with storm events.

69. “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.

70. “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.

71. “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.

72. “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 748
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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.

73. “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.

74. “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.

75. “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.

76. “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.

77. “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.

78. “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.

79. “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.

80. “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.

81. “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.
(Ord. 13-2103, § 1, 2013; Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992) 749
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9.18.030 Limitations on Point of Discharge.

No person shall discharge any substance directly into a manhole or other opening in a City storm drain other than through a city approved storm drain connection. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)

9.18.040 Discharge into the Storm Drain System Prohibited.

A. It is unlawful to cause, allow, or permit to be discharged to any public or private lands, 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 to any public or private lands 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 to the storm drain system.

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.

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(2) Diverted stream flows;
(3) Flows from natural springs;
(4) Rising ground waters;
(5) Uncontaminated and unpolluted groundwater infiltration; (6) Single family homes’ pumped ground water; foundation drains, and water from crawl space pumps and footing drains;
(7) Pumped groundwater from drinking water aquifers; and (8) 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 the tasks and implementation levels of each category of Provision C.15.b.i-vi.

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. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)

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. 751
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(Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)

9.18.070 Accidental Discharge–Notification of Discharge.

All persons shall notify the Director of Public Works, or their designee 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. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)

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.
(Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)

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. 752
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(Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

9.18.100 Permanent Stormwater Measures Required for Regulated Projects.

A. All Regulated Projects as described in Provision C.3.b of the City’s Municipal Regional Stormwater NPDES Permit 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 shall utilize guidance and standards from the current SCVURPPP C.3.

Stormwater Handbook. Permanent treatment measures shall be designed according to the numeric sizing criteria in Provision C.3.d of the City’s Municipal Regional Stormwater NPDES Permit. Hydromodification Management (HM), if applicable, shall be designed according to Provision C.3.g of the City’s Municipal Regional Stormwater NPDES Permit. Regulated projects are subject to the City’s review and approval, and shall meet all requirements in Provision C.3. of the City’s Municipal Regional Stormwater NPDES Permit. The Owner(s) of Regulated Projects are responsible for ongoing maintenance and compliance with applicable MRP requirements.

B. 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 a Regulated Project, are required to use site design measures per Provision C.3.i of the City’s Municipal Regional Stormwater NPDES Permit.

C. The Director of Public Works shall have the authority to establish reasonable rules and regulations consistent with provisions of this chapter for the purpose of its administration and enforcement.
(Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

9.18.115 Trash Load Reductions to Storm Drain System.

A. All Regulated Projects and all building permitted projects with a permit valuation exceeding $100,000 located in Moderate, High, and/or Very High Trash Generation Areas must install full trash capture devices or systems to collect litter and debris from their project site, prior to connecting to the City’s storm drain system. This requirement applies to projects on private lands already connected to the City’s storm drain system. This requirement also applies to bioretention overflow drains. Full trash capture devices and/or systems 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 can be obtained from the State of California Water Quality Control Board website. .
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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 property owner to fail to properly operate and maintain any full capture trash device installed on the owner’s property. (Ord. 2088, § 1 (part), 2012)

9.18.120 Stormwater Management Plan Required for Regulated Projects.

A. 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 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.
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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.
(Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

9.18.130 Low Impact Development (LID) Requirements.

Regulated Projects shall comply with LID requirements in the SCVURPPP C.3. Stormwater Handbook and shall be designed according to the current Provision C.3.c. of the City’s Municipal Regional Stormwater NPDES Permit. The Owner(s) of Regulated Projects are responsible for ongoing maintenance and compliance with applicable MRP requirements. (Ord. 2088, § 1 (part), 2012)

9.18.140 [reserved]

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. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

9.18.160 Agreement to Maintain Stormwater Treatment Systems and Best Management Practices.
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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 Management Facilities Operation, Maintenance and Easement Agreement (Agreement) with the City. The City shall record the 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 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 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 authority to perform maintenance and/or repair work and to recover the costs from the owner.

D. 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).

E. Any property owner party to an 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. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

9.18.170 Stormwater Treatment Systems and BMP Inspection and Verification Responsibility.

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. Upon City’s request, the annual inspection report shall be submitted to the City. The City may also request inspections be performed and inspection reports be prepared by a third-party consultant. Written records shall be kept of all inspections and shall include, at a minimum, information per Provision C.3.h of the City’s Municipal Regional Stormwater NPDES Permit.
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(Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

9.18.180 Records of Maintenance and Inspection Activities and Submission of Revised Stormwater Management Plan.

A. On or before June 30th 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 9.18.170. 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.

Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

9.18.190 Failure to Maintain.

A. If the responsible party fails or refuses to meet the requirements of the 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. 757
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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 Chapters 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. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

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 Cityissued 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.
(Ord. 2088, § 1 (part), 2012)

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 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.

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. 758
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(Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

9.18.210 Stormwater Pollutant Source Controls and BMPs.

A. 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.

B. 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.

C. 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.

D. 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 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 of Public Works 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:

1. 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 or their designee.

2. 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.
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3. 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:
a. The landscape area is adjacent to permeable surfacing and no runoff occurs; or b. The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping.

4. Drains and Drain Lines.
a. Interior floor drains must not be connected to the storm drain system. b. Exterior drains within the following areas must not be connected to the storm drain:
i. Equipment or vehicle washing areas;
ii. Areas where chemicals, hazardous materials, or other uncontained materials are used and/or stored unless secondary containment is provided; iii. Equipment or vehicle fueling areas or fluid changing areas; and iv. Loading docks where chemicals, hazardous materials, grease, oil, or waste products are handled.
v. Trash enclosures or approved covered areas where waste bins and used cooking oils are stored.

4. 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.

5. Nonresidential facilities shall provide secondary containment for all roof-mounted equipment, tanks, and piping containing liquids. Roof drains and equipment discharge lines must not be connected to the sanitary sewer unless reviewed and permitted by the Cupertino Sanitary District.

6. Fire Sprinkler Tests and Water Pipe Flushing: Discharges from fire sprinkler tests and water pipe flushing may not be discharged in a manner to create a threatened discharge or actual discharge to the storm water system. Discharges from these activities must be directed to landscaping capable of containing and absorbing all discharge water. Discharge to landscaping within a bioretention or similar stormwater pretreatment landscape feature is prohibited. Discharges to the sanitary system may only be conducted after a permit has been issued by the Cupertino Sanitary District.
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a. Discharges which are listed as conditionally allowed in the current municipal NPDES permit are to be directed to onsite vegetated areas which do not serve as a bioretention pretreatment system, 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.

7. Cooling systems shall not be connected or allowed to drain to the storm drain system.

8. 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 the landscaped area cannot accommodate the discharge, pool and spa water shall be disposed to the sanitary sewer. The discharger shall contact the Cupertino Sanitary District for permitting prior to any discharges.

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;

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.

4. All storm drain inlets and bioretention overflow inlets, if required to have full trash capture devices or systems, must include a media filter designed to collect hydrocarbons from runoff. Media filters must be serviced and maintained in accordance with the manufacturer specifications.

G. Vehicle Service Facilities.
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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 and fueling 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 in a marked and accessible area.

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.

12. All storm drain inlets and bioretention overflow inlets, if required to have full trash capture devices or systems, must include a media filter designed to collect hydrocarbons from runoff. Media filters must be serviced and maintained in accordance with the manufacturer specifications.

H. Food Service Facilities.

1. Food service facilities shall have a sink or other area for cleaning floor mats, containers, and equipment, which is connected to a grease removal device and the sanitary sewer. The sink or cleaning area shall be large enough to clean the largest mat or piece of equipment that requires cleaning at the facility.
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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 or their designee.

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.

4. All used cooking oil/grease containers must have secondary containment and the containment device must be kept free from excessive buildup of spilled materials.

I. Parking Garages.

1. If installed, parking garage floor drains on interior levels shall 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.

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.
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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 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 advance approval from Cupertino Sanitary District .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 follow guidance from the local fire department and/or any other governmental regulatory agency.

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.

P. Outdoor Recycling, Composting and Trash Receptacle Sets (Trios) Required for Public Use at New and Redeveloped Commercial and Retail Sites.

1. At least one set of outdoor waste receptacles consisting of three separate receptacles is referred to as a “Trio.” The Trio shall consist of one receptacle each for recyclable, 764
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compostable and garbage materials and must be provided by the property owner and placed together in collection areas for public use at all new and redeveloped commercial and retail sites. Unless approved by the Director of Public Works or their designee, the Trio should be located on private property adjacent to the City sidewalk. The receptacles must be a minimum of 20 gallons (each receptacle within the Trio), be permanently attached to the ground, be designed for exterior use, and include a cover to prevent rainwater or irrigation intrusion, and each be labeled Recycle, Compost, Trash. The receptacles shall be maintained by the property owner or the property owner’s designee.

2. One Trio may satisfy the requirement for up to four adjacent businesses at one shopping center, and is at the discretion of the Director of Public Works or their designee.

The number of receptacle sets that are required for large redevelopment projects will be determined by the Director of Public Works or their designee and are intended to be sufficient to contain the amount of litter and debris that is reasonably expected to be generated from the development project or the permitted project site.

3. The requirement for outdoor Trios shall be a condition of approval that will be reviewed within the permit application process. The condition may be amended if an alternative set of litter receptacles will provide equal containment of public litter, or waived by the Director of Public Works or their designee if the potential impact from litter in the vicinity of the business is negligible. (Ord. 13-2103, § 2, 2013; Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

4. Covered cigarette urns are required to be installed adjacent to or attached to the Trio.

Placement of the cigarette urn must conform to the Cupertino Municipal Code and any State laws limiting smoking in relation to buildings.

5. Removal of any required Trio or cigarette urn is prohibited unless approved by the Director of Public Works or their designee.

9.18.215 Litter Prevention and Enforcement.

A. Violations

1. It is unlawful for any person to sweep, throw, deposit, place, or drop without picking up, any litter into or upon any public street, way, sidewalk, parking lot or other public place, or in or upon private property in the City into or upon which the public is admitted by easement or license.

2. It is unlawful for any person to throw or deposit litter in any fountain, pond, creek, stream or other body of water in a park or elsewhere within the City.

3. It is unlawful for any person to collect any garbage, mixed recyclables, or other materials from public or privately authorized outdoor receptacles, kept or accumulated within the City, unless such person is an agent or employee of the City acting within the course and scope of his or her employment, or is acting pursuant to a franchise awarded by the City to act as garbage collector.
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4. It is unlawful for any person to discard , deposit, or maintain litter on any occupied private property within the City, whether owned by such person or not.

5. It is unlawful for any person to discard, deposit, or maintain litter on any open or vacant private property within the City whether or not the property is owned by such person.

6. It is unlawful for any person to drive or move any open vehicle or trailer within the City unless there is a tarp over the contents or the material is constructed and loaded so as to ensure that all litter is prevented from being blown or deposited upon any street, alley or other public or private place.

B. Collection and Maintenance

1. Persons placing material intended for disposal or recycling in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being scattered, carried, or deposited by the elements or animal scavengers upon any street, sidewalk, parking lot, creek, park or other public or private place.

2. Persons placing material intended for disposal or recycling in any public or privately authorized outdoor receptacle shall ensure that the lid is maintained completely closed. The over-filling of any outdoor receptacle intended for, but not limited to, trash, compostable organics and recyclables, in a manner that does not allow the lid to be completely closed is prohibited. The lid of a residential yard waste bin may be left partially open so long as the greater part of the yard and tree trimmings are contained if it is necessary to leave the lid partially open due to the branches or limbs not fitting completely into the bin with the lid closed. Yard waste bins containing food waste must be left with lids completely closed when not being serviced.

3. Uncontained large items originating from single-family homes that will not fit into a receptacle may be placed at the curb for scheduled collection within 24 hours of such collection by an agent or employee of the City or by the awardee of a franchise by the City to act as garbage and recycling collector. Any such bulky item(s) may not be placed in the City right-of-way while awaiting collection.

4. Persons owning or occupying property shall maintain the premises, including the perimeter and the City sidewalk in front of their premises, free of loose litter.

5. Persons sharing Trios and cigarette urns placed outside of retail areas for public use, as required in section 9.18.210.4.P., must also share equally in the responsibility of emptying the receptacles so that they do not overflow and maintaining the area around the receptacles so that it is free of loose litter.

C. Exceptions
The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers of general circulation as defined by general law, nor any periodical or current magazine regularly published; provided, however, that no newspaper shall be thrown, deposited or distributed upon any premises where the owner or inhabitant thereof shall have previously advised, in writing, the publisher or distributor of such newspaper not to do so; and no newspaper shall be thrown, deposited or distributed upon any premises 766
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where two (2) or more editions of the same newspaper remain unclaimed by the owner or occupant thereof. (Ord. 13-2103, § 3 (part), 2013)

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. The City may also impose re-inspection fees to the property owner for verification of compliance as enumerated in the City’s Public Works Fee Schedule.
(Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)

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.
(Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)

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 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.
(Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)

9.18.250 Notice of Violation.
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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

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. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)

9.18.260 Administrative Penalties–Payment of Funds to Account.

Whenever the Director of Public Works or their designee finds that any person has violated any provision of this chapter, or has violated any notice requiring compliance with any provision of this chapter, the Director of Public Works or their designee may issue an administrative citation pursuant to the procedures set forth in Chapter 1.10 of this code and 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.
(Ord. 13-2103, § 3 (part), 2013; Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)

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. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)
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Blackline of Stormwater Pollution Prevention Ordinance – Page 1 Attachment B – Blackline of the City Municipal Code Relating to Stormwater Pollution Prevention and Watershed Protection
The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:

Text added to existing provisions is shown in bold double‐underlined text (example) and text to be deleted in shown in strikethrough (example). Text in existing provisions is not amended or readopted by this Ordinance. Text in italics is explanatory and is not an amendment to the Code.

Where the explanatory text indicates that a new section is being added to the City Code, the new section is shown in plain text.

CHAPTER 9.18: STORMWATER POLLUTION PREVENTION AND WATERSHED PROTECTION*
Section

9.18.010 Purpose of chapter.

9.18.015 Administration.

9.18.020 Definitions.

9.18.030 Limitations on point of discharge.

9.18.040 Discharge into the storm drain system prohibited.

9.18.050 Public nuisance.

9.18.060 Protection of storm drain from accidental discharge.

9.18.070 Accidental discharge–Notification of discharge.

9.18.080 Permitted discharges pursuant to industrial and construction stormwater NPDES general permits.

9.18.090 Stormwater pollution prevention plan (SWPPP).

9.18.100 Permanent stormwater measures required for development and redevelopment regulated projects.

9.18.110 Design standards for permanent stormwater treatment measures.

9.18.115 Trash load reductions to storm drain collection system.

9.18.120 Stormwater management plan required for regulated projects. 769
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9.18.130 Low impact development (LID) requirements.

9.18.140 Reserved

9.18.150 Stormwater treatment measure operation and maintenance responsibility.

9.18.160 Agreement to maintain stormwater treatment systems and best management practices.

9.18.170 Stormwater treatment systems and BMP inspection and verification responsibility (C.3.h).

9.18.180 Records of maintenance and inspection activities and submission of revised stormwater management plan.

9.18.190 Failure to maintain.

9.18.195 Inspections by City.

9.18.200 Inspection and maintenance easement.

9.18.210 Stormwater pollutant source controls and BMPs.

9.18.215 Litter prevention and enforcement.

9.18.220 Violation.

9.18.230 Civil penalty for violation–Payment of funds to account.

9.18.240 Civil penalty for illicit discharges–Payment of funds to account.

9.18.250 Notice of violation.

9.18.260 Administrative penalties–Payment of funds to account.

9.18.270 Severability.
* Prior ordinance history: Ord. 1571.

9.18.010 Purpose of Chapter.

Blackline of Stormwater Pollution Prevention Ordinance - Page 3 Francisco Bay.
(https://www.waterboards.ca.gov/sanfranciscobay/board_decisions/adopted_orders/202 2/R2-2022-0018.pdf)
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.

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. The MRP, as amended from time to time, is incorporated by reference into this chapter. The City Clerk shall update the link provided in this chapter as necessary to incorporate any amendments to the MRP. Any act or omission that causes or contributes to a violation of any condition of the MRP is a violation of the Municipal Code and is subject to the enforcement provisions of this Chapter.

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.
(Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)

9.18.015 Administration.

9.18.020 Definitions.
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Blackline of Stormwater Pollution Prevention Ordinance - Page 4 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.

3. “Authorized enforcement official.” The Ddirector of Ppublic Wworks or the Ddirector'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 asdesigned performance of best management practice or stormwater treatment system, and includes, but is 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 systems.

56. “CASQA.” California Stormwater Quality Association.

67. “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. 772
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78. “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.

89. “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. 910. “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.
110. “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 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.
141. “Detention.” The temporary storage of storm runoff in a manner that controls peak discharge rates and provides some gravity settling of pollutants. 152. “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. Construction, rehabilitation, redevelopment, or reconstruction of any public or private residential project (whether single-family, multi-unit, or planned unit development); or industrial, commercial, retail or other nonresidential project, including public agency projects. 773
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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.
173. “Director of Public Works.” The Director of Public Works and his or her duly authorized agents and representatives.
184. “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. 195. “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. 2016. “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.
2117. “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.
2218. “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.
2319. “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. 2420. “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. 2521. “Food service facility.” Any nonresidential establishment that uses or generates grease when preparing food.
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Blackline of Stormwater Pollution Prevention Ordinance - Page 7 2622. “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.
2723. “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.
2824. “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.
2925. “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.
3026. “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.
3127. “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 from hydromodification include channel scouring, bank undercutting, and channel widening and deepening, all of which adversely impact downstream habitats. 3228. “Hydromodification management” (“HM”). The requirements for Regulated Projects that create or replace one acre or more of impervious surface per 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.
3329. “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. 775
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Blackline of Stormwater Pollution Prevention Ordinance - Page 8 3430. “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.
3531. “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.
3632. “Impervious surface area.” The ground area covered or sheltered by an impervious surface, measured as if from directly above.
3733. “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;
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;
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Blackline of Stormwater Pollution Prevention Ordinance - Page 9 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. 4034. “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.
4235. “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, 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.
4336. “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.
4437. “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. 4538. “Litter.” As used in this chapter, litter may be, but is not limited to, plastic, paper, cigarette butts, floor sweepings, trash, rubbish, food, cloth, metal, recyclable material, or waste matter of whatever character.
4639. “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 777
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Blackline of Stormwater Pollution Prevention Ordinance - Page 10 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.
4740. “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. 4841. “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 outflow. 4942. “Mobile Businesses.” Service providing businesses that operate by traveling to customers or customer’s sites, rather than operating from a permanently fixed facility.

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.
5043. “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. 5144. “New development.” A land development activity on a previously undeveloped site. Construction, rehabilitation, redevelopment, or reconstruction of any public or private residential project (whether single-family, multi-unit, or planned unit development); or industrial, commercial, retail or other nonresidential project, including public agency projects.
5245. “Non-stormwater.” Any discharge that is not composed entirely of stormwater. 5346. “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.
5447. “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 778
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Blackline of Stormwater Pollution Prevention Ordinance - Page 11 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.
5548. “Operation and maintenance agreement Stormwater Management Facilities Operation, Maintenance and Easement 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.
5649. “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.
5750. “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.
5851. “Permit.” The permit issued by the City of Cupertino to the applicant required for undertaking any land development activity.
5952. “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.
6053. “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.
6154. “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. 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.
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Blackline of Stormwater Pollution Prevention Ordinance - Page 12 6255. “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.
6356. “Regulated Project.” Any project fitting a category description listed in Provision C.3.b. of the Municipal Regional Permit.
6457. “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.
6558. “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.
6659. “Runon.” Water entering a specific location from elsewhere on or off a site. 6760. “Sanitary sewage or sewage.” Water-carried wastes from residences, business property, institutions and industrial property excluding ground water, surface water, and storm waters.
6861. “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.
6962. “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.
7063. “Sewer system or sanitary sewer system.” All sewers and other facilities for carrying, collecting, treating, and disposing of sanitary sewage. 7164. “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. 7265. “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.
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Blackline of Stormwater Pollution Prevention Ordinance - Page 13 7366. “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.

74. “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.
7567. “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. 7668. “Stormwater.” Surface runoff and drainage associated with storm events. 7769. “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.
7870. “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. 7971. “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.
8072. “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 781
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Blackline of Stormwater Pollution Prevention Ordinance - Page 14 filtration, gravity settling, media absorption, biodegradation, biological uptake, chemical oxidation and ultraviolet (UV) radiation.
8173. “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. 8274. “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. 8375. “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. 8476. “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. 8577. “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.
8678. “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. 8779. “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.
8880. “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. 8981. “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.
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Blackline of Stormwater Pollution Prevention Ordinance - Page 15 (Ord. 13-2103, § 1, 2013; Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)

9.18.030 Limitations on Point of Discharge.

9.18.040 Discharge into the Storm Drain System Prohibited.

Blackline of Stormwater Pollution Prevention Ordinance - Page 16 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) Single family homes’ pumped ground water; foundation drains, and water from crawl space pumps and footing drains;
(67) Pumped groundwater from drinking water aquifers; and (78) NPDES permitted discharges (individual or general permits).

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 nonstormwater 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. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992) 784
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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. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)

9.18.070 Accidental Discharge–Notification of Discharge.

All persons shall notify the Director of Public Works, or their designee 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.
(Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)

9.18.080 Permitted Discharges Pursuant to Industrial and Construction Stormwater NPDES General Permits.

9.18.090 Stormwater Pollution Prevention Plan (SWPPP).
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Blackline of Stormwater Pollution Prevention Ordinance - Page 18 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) nonstormwater management. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

9.18.100 Permanent Stormwater Measures Required for Development and RedevelopmentRegulated Projects.

A. All Rregulated pProjects as described in Provision C.3.b of the City’s Municipal Regional Stormwater NPDES Permit that are subjectapplicants for permits pertaining to the planning, design, and construction of new development and redevelopment projects meeting the definition of a Regulated Project 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 City’s Municipal Regional Stormwater NPDES Permit. Hydromodification Management (HM), if applicable, shall be designed according to Provision and C.3.g of the City’s Municipal Regional Stormwater NPDES Permit. Any new and redevelopment Regulated projects that are subject to the City’s review and approval , and shall meet all requirements in Provision C.3. of the City’s Municipal Regional Stormwater NPDES Permit. The Owner(s) of Regulated Projects are responsible for ongoing maintenance and compliance with applicable MRP requirements.

B. Site Design and Source Control BMP Requirements. All development and redevelopment regulated 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.

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.
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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 singlefamily 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. 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). 787
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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 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. 788
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Blackline of Stormwater Pollution Prevention Ordinance - Page 21 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 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. 789
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Blackline of Stormwater Pollution Prevention Ordinance - Page 22 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 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.

DC. Hydromodification Management (HM) Requirements.
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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 Permit. A copy of the HM requirements may be obtained from the City’s Public Works Department.

2. Applicability. All new and redevelopment regulated 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.

EDB. 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 a Regulated Project, are encouraged required to use adequate site design measures per Provision C.3.i of the City’s Municipal Regional Stormwater NPDES Permit. 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.

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Blackline of Stormwater Pollution Prevention Ordinance - Page 24 satisfied.The Director of Public Works shall have the authority to establish reasonable rules and regulations consistent with provisions of this chapter for the purpose of its administration and enforcement.
(Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

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:

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 792
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Blackline of Stormwater Pollution Prevention Ordinance - Page 25 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 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.
(Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)
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9.18.115 Trash Load Reductions to Storm Drain Collection System.

A. All Regulated Projects and all building permitted projects with a permit valuation exceeding $100,000 located in Moderate, High, and/or Very High Trash Generation Areas must install full trash capture devices or systems to collect litter and debris from their project site, prior to connecting to the City’s storm drain collection system. This includes requirement applies to projects on private lands already connected to the City’s storm drain system. This requirement also applies to includes installation of bioretention overflow drains. Full trash capture devices and/or systems 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 can be obtained from the State of California Water Quality Control Board website. 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 property owner to fail to properly operate and maintain any full capture trash device installed on the owner’s property. (Ord. 2088, § 1 (part), 2012)

9.18.120 Stormwater Management Plan Required for Regulated Projects.

A. Development Permit Application Requirements. Development permit applications for Aall 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.

Blackline of Stormwater Pollution Prevention Ordinance - Page 27 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 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.

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.

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:

Regulated Pprojects shall comply with LID requirements in the SCVURPPP C.3. Stormwater Handbook and shall be designed according to the current Provision C.3.c. of the City’s Municipal Regional Stormwater NPDES Permit. The Owner(s) of Regulated Projects are responsible for ongoing maintenance and compliance with applicable MRP 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 795
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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 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 of 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 reuse. 796
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Blackline of Stormwater Pollution Prevention Ordinance - Page 29 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 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 797
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Blackline of Stormwater Pollution Prevention Ordinance - Page 30 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, 2011, 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 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. (Ord. 2088, § 1 (part), 2012)

9.18.140 [reserved]

9.18.150 Stormwater Treatment Measure Operation and Maintenance Responsibility.

B. Any repairs or restoration and maintenance shall be in accordance with City-approved plans.

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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 Stormwater Management Facilities Operation, Maintenance and Easement Agreement (Agreement) with the City. The City shall record theis Aagreement, 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 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.

DE. The Aagreement 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).

EF. Any property owner party to an 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. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

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 799
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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. :Upon City’s request, the annual inspection report shall be submitted to the City. The City may also request inspections be performed and inspection reports be prepared by a third-party consultant. Written records shall be kept of all inspections and shall include, at a minimum, information per Provision C.3.h of the City’s Municipal Regional Stormwater NPDES Permit.

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

7. Any problems and corrective actions taken.
(Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

9.18.180 Records of Maintenance and Inspection Activities and Submission of Revised Stormwater Management Plan.

1. The project was not constructed according to the approved plans; or 800
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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.

Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

9.18.190 Failure to Maintain.

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.

9.18.195 Inspections by City.

Blackline of Stormwater Pollution Prevention Ordinance - Page 34 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.
(Ord. 2088, § 1 (part), 2012)

9.18.200 Inspection and Maintenance Easement.

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.

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. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

9.18.210 Stormwater Pollutant Source Controls and BMPs.

1.A. 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. 802
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2.B. 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.C. 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.D. 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 dDirector of Public Works 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:

A1. 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 or their designee.

B2. 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 overirrigation, follow the Bay-Friendly Landscaping Guidelines or other landscaping guidelines with similar goals and practices.

C3. 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:
a1. The landscape area is adjacent to permeable surfacing and no runoff occurs; or b2. The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping.

D4. Drains and Drain Lines.
a1. Interior floor drains must not be connected to the storm drain system. 803
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Blackline of Stormwater Pollution Prevention Ordinance - Page 36 b2. Exterior drains within the following areas must not be connected to the storm drain:
ai. Equipment or vehicle washing areas;
bii. Areas where chemicals, hazardous materials, or other uncontained materials are used and/or stored unless secondary containment is provided; ciii. Equipment or vehicle fueling areas or fluid changing areas; and div. Loading docks where chemicals, hazardous materials, grease, oil, or waste products are handled.
ev. Trash enclosures or approved covered areas where waste bins and used cooking oils are stored.

34. 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.

45. Nonresidential facilities shall either:
a. Pprovide secondary containment for all roof-mounted equipment, tanks, and piping containing liquids.; or Roof drains and equipment discharge lines must not be connected to the sanitary sewer unless reviewed and permitted by the Cupertino Sanitary District.
b. Connect all roof drains and equipment discharge lines to the sanitary sewer.

56. Fire Sprinkler Tests and Water Pipe Flushing: Discharges from fire sprinkler tests and water pipe flushing may not be discharged in a manner to create a threatened discharge or actual discharge to the storm water system. Discharges from these activities must be directed to landscaping capable of containing and absorbing all discharge water.

Discharge to landscaping within a bioretention or similar stormwater pretreatment landscape feature is prohibited. Discharges to the sanitary system may only be conducted after a permit has been issued by the Cupertino Sanitary District.: 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 which do not serve as a bioretention pretreatment system, 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. 804
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67. Cooling systems shall not be connected or allowed to drain to the storm drain system.

78. 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 the landscaped area cannot accommodate the discharge, pool and spa water shall be disposed to the sanitary sewer. The discharger shall contact the Cupertino Sanitary District for permitting prior to any discharges. City Public Works Department regarding coordination with the Sanitary Sewer District.

1. Paving the fueling area with concrete or other impervious surface;

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.

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3. It is unlawful to use tanks, containers or sinks for parts cleaning or rinsing which are connected to the storm drain system.

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.

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 with the words “No Dumping - Flows to Bay,” or equivalent, as approved by the Director of Public Works or their designee. 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.

Blackline of Stormwater Pollution Prevention Ordinance - Page 39 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 or their designee.

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.

4. All used cooking oil/grease containers must have secondary containment and the containment device must be kept free from excessive buildup of spilled materials.

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.

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.

2. The area shall be designed to prevent water runon to the area and runoff from the area.

3. Dumpsters serving food service facilities shall be designed in accordance with Section 9.18.210.

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.
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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.

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 advance 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.

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.

P. Outdoor Recycling, Composting and Trash Receptacle Sets (Trios) Required for Public Use at New and Redeveloped Commercial and Retail Sites. 808
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1. To help prevent littering, a At least one set of outdoor waste receptacles consisting of three separate containers receptacles is referred to as a “Trio.” The Trio shall consist of one receptacle each for recyclable, compostable and garbage materials and must be provided by the property owner and placed together in collection areas for public use at all new and redeveloped commercial and retail sites. Unless approved by the Director of Public Works or their designee, the Trio should be located on private property adjacent to the City sidewalk. The receptacles must be a minimum of 20 gallons (each receptacle within the Trio), be permanently attached to the ground, be designed for exterior use, and include a cover to prevent rainwater or irrigation intrusion, and each be labeled Recycle, Compost, Trash. The receptacles shall be maintained by the property owner or the property owner’s designee.

2. One Trioset of these receptacles may satisfy the requirement for up to four adjacent businesses at one shopping center, and is at the discretion of the Director of Public Works or their designee. The number of receptacle sets that are required for large redevelopment projects will be determined by the Director of Public Works or their designee and are intended to be sufficient to contain the amount of litter and debris that is reasonably expected to be generated from the development project or the permitted project site. type and size of the businesses at each commercial or retail site.

3. The requirement for outdoor litter receptacles Trios shall be a condition of approval that will be reviewed within the permit application process. The condition may be amended if an alternative set of bins litter receptacles will provide equal containment of public litter, or waived by the Director of Public Works or their designee if the potential impact from litter in the vicinity of the business is negligible. (Ord. 13-2103, § 2, 2013; Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003)

4. Covered cigarette urns are required to be installed adjacent to or attached to the Trio.

Placement of the cigarette urn must conform to the Cupertino Municipal Code and any State laws limiting smoking in relation to buildings.

5. Removal of any required Trio or cigarette urn is prohibited unless approved by the Director of Public Works or their designee.

9.18.215 Litter Prevention and Enforcement.

A. Violations

2. It is unlawful for any person to throw or deposit litter in any fountain, pond, creek, stream or other body of water in a park or elsewhere within the City.

3. It is unlawful for any person to collect any garbage, mixed recyclables, or other materials from public or privately authorized outdoor receptacles, kept or accumulated 809
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4. It is unlawful for any person to throw discard ,or deposit, or maintain litter on any occupied private property within the City, whether owned by such person or not.

5. It is unlawful for any person to throw discard, or deposit, or maintain litter on any open or vacant private property within the City whether or not the property is owned by such person.

B. Collection and Maintenance

2. Persons placing material intended for disposal or recycling in any public or privately authorized outdoor receptacle shall ensure that the lid is left maintained completely closed.

The over-filling of any outdoor receptacle intended for, but not limited to, trash, compostable organics and recyclables, in a manner that does not allow the lid to be completely closed is prohibited. The lid of a residential yard waste bin may be left partially open so long as the greater part of the yard and tree trimmings are contained if it is necessary to leave the lid partially open due to the branches or limbs not fitting completely into the bin with the lid closed. Yard waste bins containing food waste must be left with lids completely closed when not being serviced.

4. Persons owning or occupying property shall maintain the premises, including the perimeter and the City sidewalk in front of their premises, free of loose litter.

5. Persons sharing receptacles Trios and cigarette urns placed outside of retail areas for public use, as required in section 9.18.210.4.P., must also share equally in the responsibility of emptying the receptacles so that they do not overflow and maintaining the area around the receptacles so that it is free of loose litter.

C. Exceptions
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Blackline of Stormwater Pollution Prevention Ordinance - Page 43 The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers of general circulation as defined by general law, nor any periodical or current magazine regularly published; provided, however, that no newspaper shall be thrown, deposited or distributed upon any premises where the owner or inhabitant thereof shall have previously advised, in writing, the publisher or distributor of such newspaper not to do so; and no newspaper shall be thrown, deposited or distributed upon any premises where two (2) or more editions of the same newspaper remain unclaimed by the owner or occupant thereof. (Ord. 13-2103, § 3 (part), 2013)

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.

The City may also impose re-inspection fees to the property owner for verification of compliance as enumerated in the City’s Public Works Fee Schedule. (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)

9.18.230 Civil Penalty for Violation–Payment of Funds to 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 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.
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Blackline of Stormwater Pollution Prevention Ordinance - Page 44 (Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)

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

9.18.260 Administrative Penalties–Payment of Funds to Account.

Whenever the City Manager Director of Public Works or their designee finds that any person has violated any provision of this chapter, or has violated any notice requiring compliance with any provision of this chapter, the City Manager Director of Public Works or their designee may issue an administrative citation pursuant to the procedures set forth in Chapter 1.10 of this code and 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. (Ord. 13-2103, § 3 (part), 2013; Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)

9.18.270 Severability.

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CITY OF CUPERTINO
Agenda Item
23-12229 Agenda Date: 5/16/2023
Agenda #: 14.

Subject: Councilmember Reports
CITY OF CUPERTINO Page 1 of 1 Printed on 5/10/2023
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CITY COUNCIL ACTIVITY REPORT
ȱȱ
ȱǱȱ
Reporting Councilmember:ȱȱ
Report Activity Dates:ȱȱȱ
Event ǰȱTitleǰ and Description:

May 16, 2023
Councilmember J.R. Fruen
4/26/23 5/5/23
Event 1. 4/27/23 - HOMELESSNESS PREVENTION SYSTEM COMMUNITY BRIEFING - I attended a briefing on Destination: Home's homelessness prevention efforts. The meeting was well-attended by a variety of local electeds and specifically featured Destination: Home's partnerships with local agencies and other non-profits in the County.

Event 2. 4/27/23 - MEETING DE ANZA COMMUNITY COLLEGE REPRESENTATIVES RE PRIDE FLAG RAISING CEREMONY - Met with Marisa Spatafore and representatives planning their Pride Flag Raising Ceremony for early June on the campus of De Anza College.

Event 3. 4/29/23 - CUPERTINO CHERRY BLOSSOM FESTIVAL - I attended the annual Cherry Blossom Festival put on by the Cupertino-Toyokawa Sister Cities Organization at Memorial Park. It was extremely well-attended. Owing to the replacement of the ponds, booths were more spread out and walking traffic flowed more clearly across the park.

Event 4. 4/29/23 - RIBBON CUTTING AT BERRACO COFFEE - The Chamber of Commerce facilitated the ribbon cutting and grand opening of this new Colombian coffeehouse at the former Roasted Coffee Bean location.

Event 5. 5/1/23 - MEETING WITH SACRAMENTO DELEGATION AND CDTFA OFFICIALS - At the invitation of Sen. Cortese's office, I met with members of Sen. Cortese's staff, Asm. Low's staff, and officials of the CDTFA with regard to Cupertino's needs in Sacramento. 815
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1 CITY COUNCIL ACTIVITY REPORT
Meeting: Tuesday, May 9, 2023
Reporting Councilmember: Vice Mayor Sheila Mohan
Report Activity Dates: 4/25/23 to 5/8/23
Event Date, Title, and Description:
4/25/23: Attended a briefing by City staff and Household Hazardous Waste staff on the City’s landfill agreement and possible future enhancements.

4/26/23: Participated in an Enterprise Leadership Assessment conducted by Moss Adams, the City’s internal auditors. The annual assessment of governance policies is consistent with the work plan developed by the auditors.

4/27/2023: Attended virtual meeting of the Santa Clara County Homelessness Prevention System – hosted by Destination: Home to brief the community on solutions to combat homelessness.
4/28/23: Celebrated the FUHSD Earth Day Festival with high school students at Monta Vista High, and spoke about Cupertino’s accomplishments in the area of sustainability and clean energy. Thank you to City staff who prepared a Power Point presentation to supplement my talk.
4/29/23: Attended the City’s Cherry Blossom Festival – a well planned and wellattended event at Memorial Park organized by Cupertino-Toyokawa Sister Cities Inc. A very enjoyable community event showcasing a variety of artists, performers, activity booths and food.
4/29/23 Participated in the ribbon-cutting at Berraco Coffee, a Colombian coffee shop on Stevens Creek. Chamber of Commerce staff and City Economic Development staff did a great job of organizing the opening. Councilmembers 816
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2 Fruen and Moore presented a commendation to the owners. 5/3/23 Celebrated the accomplishments of the girls team of the Cupertino Cricket Academy and wished them success in their upcoming competition in the UK.
5/5/23: Along with Mayor Wei, Representative Ro Khanna, City staff, and community leaders, I attended the Renaming Ceremony of the Cupertino Post Office in honor of Petty Officer Matthew Axelson.
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1 CITY COUNCIL ACTIVITY REPORT
Meeting: Tuesday, May 16, 2023
Reporting Councilmember: Councilmember Kitty Moore
Report Activity Dates: 4/5/2023 to 5/8/2023
Event Date, Title, and Description:

April 5, 2023, Discover Stanford for You: Preventing Housing Displacement – One Family at a Time. End of COVID protections: funds and arguments which protected families struggling with rent payments resulting in housing displacement. Discussion of how Legal Aid Society of San Mateo County (and Law Foundation of Silicon Valley) help with housing displacement.

April 6, 2023, Santa Clara Valley Water Water Ambassador Program, Moore initiatied – application approved by SCVW BOD member. Attending multi-week course on water challenges, role of Valley Water, Valley Water Projects, and Organizational structure. Course begins today.

April 8, 2023, Cupertino Big Bunny Fun Run! Participated in the 5K, helped Parks and Recreation Staff give out all of the prize medals, placed 3rd for age group : ) Great and healthy fun for the community!
April 10, 2023, CPUC meeting, voluntary attendance.

April 12, 2023, Santa Clara Valley Water Commission, Chair was unable to attend, as Vice Chair I ran the meeting. We had a robust discussion on the water rates and proposed rate hikes and recommended the BOD not approve the rate hike, elected to hold the August meeting and will hold it at the Advanced Water Purification Center.

April 13, 2023, Apple site visit RE Agenda item project on Vallco Parkway and Tantau. 818
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Page 2 ends

Cupertino City CouncilMay 16, 2023

Cupertino City Council
May 16, 2023