Regulated Projects are developments that fall into one of the following three categories. These types of projects must submit a Stormwater Control Plan that includes Site Design Measures, Source Control Measures and hydraulically sized Low Impact Development (LID) Treatment Measures.
Special Land Use Categories
Special Land Use Categories are any auto service facilities, retail gasoline stations, restaurants, and/or uncovered or standalone (or part of a larger project) parking areas that creates, replaces, or expands the amount of impervious areas by 5,000 square feet (or more).
Other Development & Redevelopment Projects
New development or redevelopment projects are projects that create, replace, or expand the amount of impervious surface by 10,000 square feet (or more). Redevelopment is any land-disturbing activity that results in the creation, addition, or replacement of exterior impervious surface area on a site which some past development has occurred.
New development and Redevelopment projects may qualify for alternative means of compliance with Provision C3 through the use of smart growth, high density and/or transit-oriented measures. Those qualifying projects would be considered as Special Projects.
Hydromodification Management Projects (HMP)
HMP projects are located in a green area of the Hydromodification Applicability Map that create and/or replace one acre or more of impervious surface and increases the amount of impervious areas above the pre-project conditions. Projects that meet this criteria must submit a Hydromodification Plan that meets the requirements of the Municipal Regional Stormwater NPDES Permit as detailed in the Post Construction Hydromodification Management policy.
50% Rule – Applies to Special Land Use Categories, Other and Redevelopment Projects and Hydromodification Management Projects
When a project results in an alteration of 50% or more of the total amount of impervious area from a previously approved project/existing area then runoff from the entire project must be included in the treatment system design. Where a project results in an alteration of less than 50% of the total amount of impervious area from a previously approved project/existing area then only the new and/or replaced impervious surface of the project must be included in the treatment system design.
Refer to the Post-Construction Urban Runoff Management policy, the Stormwater Evaluation Form, Special Projects Worksheet and the C.3 Stormwater Handbook for the specific source control measures that must be included on the Stormwater Control Plan.
The Municipal Regional Stormwater Permit (MRP) allows certain types of smart growth, high density, and transit-oriented development to use alternative means of treatment depending on specific criteria. These types of qualifying projects, known as Special Projects, can apply for alternative means of Low Impact Development (LID) stormwater treatment which may include non LID methods in addition to LID practices of infiltration, harvest and use and biotreatment to manage stormwater runoff.
Refer to the Special Projects Category A and B Map and Special Projects Category C Map to determine if you meet one of the three following categories to qualify for a reduction of the LID requirements:
Category A (Small Infill)
Located in a San José designated downtown core area or downtown core zoning district, neighborhood business district, or historic preservation district; 0.5 acres or less; no surface parking (except incidental, see MRP); Max 85% coverage.
Category B (High Density)
Located in a San José designated downtown core area or downtown core zoning district, neighborhood business district, or historic preservation district; 0.5 acres up to 2.0 acres; no surface parking (except incidental, see MRP); Max 85% coverage; Minimum density of 50 dwelling units per acre (for residential projects) or a Floor Area Ratio (FAR) of 2:1 (for commercial or mixed use projects).
Category C (High Density)
At least 50% of the project area is within 1/2 mile of an existing or planned transit hub3 or 100% within a Priority Development Area; the project is characterized as a non-auto-related use; minimum density of either 25 dwelling units per acre (for residential projects) or a Floor Area Ratio (FAR) of 2:1 (for commercial or mixed use projects).
Qualifying projects may apply for reduction credits based on location and density criteria that allow non-LID treatment for a portion of the project’s runoff, but only after the applicant demonstrates why LID is infeasible for the proposed project. The LID reduction credits are intended to allow Smart Growth projects greater flexibility in meeting stormwater treatment requirements, based on the inherent environmental benefits of Smart Growth and potential technical challenges of implementing LID treatment exclusively on high-density sites in urban areas.
Project applicants may use the Special Projects Worksheet and Appendix J (Section J.7) of the C.3 Stormwater Handbook to determine if a project meets the specific criteria that allows treatment reduction credits. The final determination to allow non LID treatment measures is based on whether or not onsite and/or offsite LID treatment is feasible or infeasible, subject to the City’s review and approval. Site design and source control measures are still required for all Regulated Projects.