Ord 839ORDINANCE NO. 839
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING CHAPTER 5.02 (BUSINESS
CERTIFICATES) OF THE POWAY MUNICIPAL CODE
WHEREAS, a new unfunded state mandate, Senate Bill 205 ("SB 205") amended the
California Business and Professions Code to require a person applying to a city or a county for
an initial business certificate or business certificate renewal, who conducts a business operation
that is a regulated industry, to demonstrate enrollment with the National Pollutant Discharge
Elimination System permit program by providing specified information, under penalty of perjury,
on the application;
WHEREAS, SB 205 would apply to all applications for initial business certificates and
business certificate renewals submitted on and after January 1, 2020;
WHEREAS, the Poway Municipal Code ("PMC") does not currently require all of the
information required by SB 205; and
WHEREAS, an amendment to section 5.02.080 of the PMC by adding subsection
5.02.080(A)(9) is necessary to reflect this requirement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN
AS FOLLOWS:
SECTION 1: The above recitals are true and correct, and are incorporated herein by
reference.
SECTION 2: The City Council hereby approves this Ordinance and amends section
5.02.080 of the PMC to add subsection 5.02.080(A)(9), which reads as follows:
9. The information required by Business and Professions Code section 16000.3, as may
be amended from time to time, which includes:
a. All primary Standard Industrial Classification Codes, as defined in Section
25244.14 of the Health and Safety Code, for the business.
b. Any of the following for each facility operated by the person of that business:
1. The stormwater permit number, known as the Waste Discharger Identification
number (WDID), issued for the facility by the State Water Resources Control
Board.
2. The WDID application number issued for the facility by the State Water
Resources Control Board.
3. The "notice of nonapplicability identification number" (NONA) issued for the
facility by the State Water Resources Control Board.
4. The "no exposure" certification identification number (NEC) issued for the
facility by the State Water Resources Control Board.
Ordinance No. 839
Page 2
SECTION 3: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after
its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City Council
members voting for and against the same in the Poway News Chieftain, a newspaper of general
circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified
copy of this Ordinance in the Office of the City Clerk in accordance with Government Code §
36933.
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of
Poway, California, held the 4th day of February, 2020 and thereafter
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 18th day of
February, 2020 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MULLIN, LEONARD, GROSCH, FRANK, VAUS
NONE
NONE
NONE
Steve Vaus, Mayor
ATTEST:
Faviola edina, CMC, City Clerk