Chapter 20.95 - STORM WATER MANAGEMENT

San José Municipal Code — Chapter 20.95 - STORM WATER MANAGEMENT

in effect

San José Municipal Code § 20.95.010 Purpose.

The purpose of this chapter is to achieve all of the following: A. Promote adequate storm water management; and B. Promote proper siting of storm water runoff treatment to mitigate potential adverse impacts on adjacent land uses; and C. Encourage the use of alternative modes of storm water runoff treatment; and D. Ensure access to storm water treatment measures; and E. Enable the permitting of off-site storm water runoff treatment facilities without creating adverse conditions or impacts on the subject or neighboring properties. (Ord. 26995.)

San José Municipal Code § 20.95.020 Applicability.

The provisions of this Chapter shall apply: A. Whenever the creation, on or above ground through installation, construction, or replacement, of five thousand (5,000) square feet or more of impervious surface will occur through a proposed development or redevelopment of real property for uncovered parking (stand-alone or part of another use), restaurant, auto service facility or retail gasoline outlet use including sidewalks and any other portions of the public right-of-way that are developed or redeveloped as a part of the project; or B. Whenever the creation, on or above ground through installation, construction, or replacement, of five thousand (5,000) square feet or more of impervious surface will occur through a proposed development or redevelopment of real property, for any use except for development of detached single-family home projects, which are not part of a larger plan of development; or C. Whenever the creation, on or above ground through installation, construction, or replacement, of two thousand five hundred (2,500) or more, but less than five thousand (5,000) square feet, of impervious surface will occur for any use through a proposed development of real property (a small project); or D. Whenever the creation, on or above ground through installation, construction, or replacement of ten thousand (10,000) square feet or more of impervious surface (collectively over the entire project site) will occur for the development or redevelopment of a detached, single-family home project which is not part of a larger plan of development, or E. Whenever a proposed development of real property requires the demolition of a structure; or F. Whenever a proposed project involves the reconstruction of existing streets and roads and creates or replaces greater than, or equal to, one (1) contiguous acre of impervious surface, including utility trenching projects that are, on average, over the entire length of the project, greater than or equal to eight (8) feet wide. (Ords. 26995, 28301, 28977, 29169, 30906, 31082.)

San José Municipal Code § 20.95.110 Conformance.

A. Design Requirements. Whenever the creation, on or above ground through installation, construction, or replacement of impervious surface will occur as part of a proposed development of real property, that development shall be designed, comply, and be maintained in conformance with "City Council Policy 6-29 Post-Construction Urban Runoff Management," and in conformance with the provisions of this chapter and Chapter 20.100 of this title, all as the same may be amended from time to time. B. Demolition. Whenever a proposed project of real property requires the demolition of a structure, that project shall comply with City Council Policy 6-28, Management of Pollutants During the Demolition of Applicable Projects and all other requirements of federal and state law, rule, or regulation, and this Code. (Ords. 26995, 28301, 28977, 30906.)

San José Municipal Code § 20.95.120 Maintenance.

A. All storm water runoff treatment measures installed on property shall be permanently maintained by the property owner in good repair and free of litter and debris, obstructions, and stored materials. B. All owners of property on which a storm water treatment measure has been installed pursuant to the requirements of this chapter shall retain, and make available for inspection and copying, all records of inspection and maintenance activities performed on the installed storm water treatment measure within the five years immediately preceding the demand for such records by any representative of city. C. It shall be unlawful for any person to alter, remove fail to maintain, or to cause, allow or permit alteration, removal or failure to maintain a storm water treatment measure that has been installed pursuant to the requirements of this chapter, except pursuant to an adjustment to the development permit for the project if the development permit required installation of the storm water treatment measure, or pursuant to an administrative permit issued for the removal or alteration of the storm water treatment measure, if the measure was not installed pursuant to a development permit. The criteria for granting an adjustment or administrative permit shall be that an alternate means of providing equivalent storm water treatment will be provided. (Ords. 26995, 28977.)

San José Municipal Code § 20.95.210 Permit required.

No person shall place, construct or operate, or permit the placement, construction, or operation, of any off-site storm water runoff treatment facility on a site without first obtaining a special use permit issued in accordance with the provisions set forth in Chapter 20.100 of this title. (Ord. 26995.)

San José Municipal Code § 20.95.220 Special use permit for off-site storm water runoff treatment.

A. An applicant for a special use permit to allow the placement, construction or operation of off-site storm water runoff treatment facilities shall, in addition to all other special use permit requirements, declare under penalty of perjury that the off-site storm water runoff treatment facilities sought for placement, construction or operation under the special use permit will at all times be maintained in full conformance with each and every one of the criteria and standards set forth in this part. B. A special use permit to allow an off-site storm water runoff treatment facility shall not be issued unless the director first determines that all of the applicable criteria and standards set forth in this part are or can be met at the time of issuance of the permit. (Ord. 26995.)

San José Municipal Code § 20.95.230 Criteria and standards.

A. Any off-site storm water runoff treatment facility that may be permitted with a special use permit shall meet the standards and criteria set forth below; provided, however, that the director, or planning commission on appeal, may modify such standards and criteria or impose stricter standards or criteria upon a finding that such modifications are reasonably necessary in the director's or commission's determination in order to implement the purposes of this title and, more specifically, the purposes of this part set forth in Section 20.95.010 above. B. The standards and criteria for off-site storm water runoff treatment facilities are as follows: 1. The off-site storm water runoff treatment facilities shall be designed in conformance with City Council Policy No. 6-29, entitled "City Council Policy on Post Construction Urban Runoff Management," and in conformance with the provisions of Chapter 20.100 of this title. 2. Prior to the issuance of any public works clearance, a covenant of easement for ingress/egress and operation and maintenance purposes to be maintained in perpetuity shall be recorded by the applicant and the property owner on the subject property on which the off-site storm water runoff treatment facility is located, with all necessary subordinations to the satisfaction of the director of planning and the director of public works. 3. The applicant shall be responsible for operating and maintaining the off-site storm water runoff treatment in accordance with the conditions of the special use permit. (Ord. 26995.)

Source: San José Municipal Code (Municode library)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinancesFetched: 7/25/2026