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Ord 655 ORDINANCE NO. 655 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING TITLE 8 AND TITLE 16 OF THE POWAY MUNICIPAL CODE, SECTIONS 8.60.141, 16.02.020, 16.04.030,16.10.080,16.14.010, 16.41.580,16.42.010, 16.42.040, 16.43.060, 16.44.030,16.44.050,16.50.010,16.50.080,16.50.120, AND 16.50.170 RELATING TO SEPTIC SYSTEMS, SUBDIVISIONS, AND GRADING & EXCAVATIONS WHEREAS, Title 8, of the Poway Municipal Code is known as the Health and Safety Ordinance, and was adopted to serve the public health, safety and welfare; and WHEREAS, Title 16, Division I of the Poway Municipal Code is known as the Subdivision Ordinance, and was adopted to supplement and implement the Subdivision Map Act, Section 66410, et. seq., of the State Government Code; and WHEREAS, Title 16, Division III of the Poway Municipal Code is known as the Grading Ordinance, and was adopted to establish an official set of standards regulating the design and construction of building sites and the development of property by grading, and to regulate the alteration of the ground surface to protect and preserve the public health, safety, and general welfare; and WHEREAS, the City Council finds that this amendment is consistent with the General Plan; and WHEREAS, the proposed changes will allow greater clarity in the application of Title 8 and Title 16. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: Section 1: The City Council finds that the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines Section 15061(b)(3) because it pertains to minor changes to Title 8 and Title 16 that only provide clarification and there is no possibility this will have a significant effect on the environment. Section 2: The following Section of Title 8 of the Poway Municipal Code is amended to read as follows: Chapter 8 8.60.141.C No septic system shall be installed within 200 feet of an intermittent stream unless the entire system, including leach lines, is a minimum of 10 vertical feet above the high water line. This requirement may be modified to meet the requirements of the San Diego County Health Department. Section 3: The following Sections of Title 16 of the Poway Municipal Code are amended to read as follows: Ordinance No. 655 Page 2 Chapter 16 16.02.020.A It is the purpose of this division to regulate and control the division of land within the City and to supplement the provisions of the Subdivision Map Act concerning the design, improvement and survey of subdivisions, the form and content of all maps provided for by the Subdivision Map Act, and the procedure to be followed in securing the official Subdivision Map Act, and the procedure to be followed in securing the official approval of the Development Services Department, the Public Works Department, the City Engineer and City Council regarding such subdivisions and maps. 16.04.030 "Boundary adjustment" means a minor shift or rotation or alteration of existing lot lines or property lines between four or fewer existing adjoining legal lots where land taken from one parcel is added to an adjoining parcel, where a greater number of lots than originally existed is not created, provided that the boundary adjustment is approved by the City Engineer. 16.08.030 A tentative and final parcel map shall be required for all divisions of lands which create four or fewer parcels except for: A. Subdivisions of portion of the operating right-of-way of a railroad corporation, which are created by short-term leases (terminable by either party on not more than 30 days' notice in writing); or B. Land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map; or C. Boundary adjustments between four or fewer existing adjoining legal lots, provided no additional or fewer parcels are created. A plat map, in form as required by the City Engineer, shall be required for boundary adjustments; or D. A final parcel map shall not be required when its requirement has been waived in accordance with Chapter 16.14 PMC; or E. A final map shall not be required for the merger of contiguous parcels under the same ownership, provided a suitable instrument evidencing such merger is prepared and recorded in accordance with PMC 16.22.050. Ordinance No. 655 Page 3 16.10.080.0 The City Council shall act upon the extension request upon the closing of the hearing and may either approve, conditionally approve or deny the extension. Until the decision of the Council is made, the tentative map shall be considered extended. The decision of the Council to extend the tentative map shall be from the date of expiration and/or the date of Council decision. The Council's action shall be in resolution form which, if the extension is approved, shall specify the new expiration date of the tentative subdivision or parcel map. No more than five separate extension requests shall be allowed, with each approved extension request to be valid for a period of one year, and the total of all extensions shall not exceed a total of five years. The City Council may not impose any new conditions or revise existing conditions on the approved tentative map. The action of the City Council on extension requests shall be final. A reasonable fee shall be charged for the processing of any such extension, as set by City Council resolution. 16.14.010 Notwithstanding any other provisions of this division to the contrary, the procedure set forth in this chapter shall govern the processing of and requirements for boundary adjustments and adjustment plats. Any adjustment plat may be filed pursuant to the provisions of this chapter to adjust the boundaries between four or fewer existing adjoining legal lots where the land taken from one parcel is added to an adjoining parcel, and where a greater number of lots than originally existed is not thereby created provided the City Engineer determines that the proposed boundary adjustment does not: A. Create any additional lots; B. Include any lots or parcels which are not legal lots, as defined by City Ordinance; C. Impair any existing access or create a need for new access to any adjacent lots or parcels; D. Impair any existing easements or create a need for any new easements serving any adjacent lots or parcels; E. Require substantial alteration of any existing improvements or create a need for any new improvements; F. Adjust the boundary between lots or parcels for which a covenant of improvement requirements has been recorded and all required improvements stated therein have not been completed unless the City Engineer determines the proposed boundary adjustment will not significantly affect said covenant of improvement requirements. Ordinance No. 655 Page 4 16.41.580 "Precise Grading Permit" means a permit that is issued on the basis of approved plans which show the precise locations of structures, finished elevations, drainage details and all on-site improvements on a given property, including concrete or bituminous pavement surfacing on natural or existing grade in excess of 10,000 square feet for any commercial, industrial, multi-residential, or other parking lot. 16.42.010 No person shall conduct any grading, excavation, earth moving, filling, clearing, brushing, or grubbing on natural or existing grade, or perform work that is preparatory to grading, without first having obtained a valid Grading Permit, Stockpile Permit, or Administrative Clearing Permit in accordance with this division, except for the following: A. An excavation below finished grade for recompaction within the building zone (within five feet of footings) or for basements and footings for a building, mobile home, retaining wall, septic system, well, or structure authorized by a valid Building Permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than two feet after the completion of such structure. This shall not prohibit a minimum-fee Grading Permit or soils or geologic report from being required for foundation design and inspection purposes when, in the opinion of the City Engineer, stability considerations warrant such inspection; B. Cemetery graves; C. Refuse disposal sites controlled by other regulations or agencies; D. Earthwork or construction controlled by the Federal, State, County, or City governments, or by a local agency as defined by Government Code Sections 53090 through 53095 (special districts) including the Poway Redevelopment Agency or pipeline or conduit excavation and backfill conducted by local agencies. This exemption, however, shall apply only when the earthwork construction takes place on the property, or dedicated rights-of-way or easements of the above agencies; E. Excavation and backfill for installation of underground utilities by public utilities or companies operating under the authority of a franchise or public property Right-of-Way Permit; F. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay for commercial purposes, where established and provided for by a valid Conditional Use Permit, provided such operations do not affect the lateral support or increase the stresses in or pressures upon any adjacent or contiguous property, or alter the orientation of or contribute excessive sedimentation to natural watercourses which may result in adverse changes on adjoining property; Ordinance No. 655 Page 5 G. Exploratory excavations under the direction of Civil Engineers, Soils Engineers, engineering geologists, and/or archaeologists or paleontologists, or pursuant to a Well Permit, provided all excavations are properly backfilled or otherwise restored. When such work involves removal of any native vegetation, it must be accompanied by an Administrative Clearing Permit. Any access roadways or pads constructed for this work shall only be constructed as approved in the Administrative Clearing Permit and shall be restored as required in the permit; H. An excavation less than two feet in vertical depth which does not create a cut slope greater than two feet in vertical height and steeper than two horizontal to one vertical (2:1) which does not exceed 50 cubic yards on anyone site and does not adversely affect the stability of any existing slopes or alter drainage conditions; I. A fill less than one foot in depth, placed on natural grade with a slope flatter than five horizontal to one vertical (5:1), which does not exceed 50 cubic yards on anyone lot and does not obstruct a drainage course; J. Excavation or fill on a developed parcel of land that is done for the purposes of minor landscaping improvements or recreational purposes and which: 1. Is a minimum of 10 feet away from any structures and three feet from any property line, unless entirely contained by a retaining wall, 2. Does not exceed 250 cubic yards of total excavation and fill, 3. Does not exceed three vertical feet in depth, 4. Does not create a cut or fill slope greater than five feet in height nor a slope steeper than three horizontal to one vertical (3: 1), 5. Does not divert, concentrate or otherwise alter surface or subsurface drainage as it leaves or enters adjacent properties, 6. Is not undertaken within any open space, utility, access or other easement, and 7. Is not in an area where any structure is planned, including patios, swimming pools and accessory structures; K. Clearing and brushing when directed by the Fire Chief to mitigate a potential fire hazard in accordance with Chapter 8.76 PMC, with the concurrence of the Director of Development Services that such clearing and brushing will not cause significant damage to any rare, endangered or protected species of plant or wildlife, or cause any significant damage to any habitat of any rare, endangered or protected species of wildlife, or endanger any archaeological or historical resources, open space areas Ordinance No. 655 Page 6 with biological significance, or transition areas between land to be cleared for fire-fuel mitigation and permanent open space. L. Clearing and brushing, expressly for the following purposes, with the concurrence of the Director of Public Works: 1. Routine landscaping and maintenance of already landscaped areas, and the removal of dead or diseased trees or shrubs, 2. Clearing which conforms to the location, extent and purpose authorized explicitly by a Construction Permit pursuant to a discretionary Land Use Permit or a Discretionary Development Permit. An Administrative Permit shall be required for any purpose which is not specifically addressed by the Construction Permit, 3. Clearing of sites of 10,000 square feet or less which are not part of a larger parcel owned by the same person, persons or entity, 4. Clearing for agricultural purposes on land which has been legitimately used for agricultural purposes within five years immediately prior to institution of the clearing operation. This exemption shall not apply to those portions of any property which contain natural vegetation which has been in existence for more than five years. The owner shall supply written proof or other evidence satisfactory to the Director of Development Services that the property has previously been used for agricultural purposes within the past five years prior to commencement of clearing. M. Paving, preparing, resurfacing and maintenance of existing public and private roads and parking lots of less than 10,000 square feet in size and the subgrade preparation necessary for that work, provided no grading beyond the limits of other exemptions is performed. N. Minor maintenance and alterations to natural drainage areas that do not: 1. Obstruct drainage from adjacent properties, 2. Divert the outflow of drainage from the natural discharge point of the property, 3. Unduly concentrate or accelerate the flow of drainage as it leaves the property, 4. Create ponding, siltation or erosion in or of the streambed, nor 5. Disturb wetlands. 16.42.040 A. B. Ordinance No. 655 Page 7 Note: The above-listed exemptions do not apply to clearing, grubbing, brushing or grading when: a. Work will occur in, or physically impact, designated or dedicated open space or environmentally sensitive areas designated in the general plan or shown on any approved specific plan, b. Work will occur in any waterway or wetland, stream, river, channel, pond, lake, marsh, bog, lagoon, vernal pool, or riparian habitat, except as provided in subsection N of this section, c. Work will occur in any floodway or floodplain as shown on the Federal Emergency Management Agency Floodplain Maps, or on City revised maps, except as provided in subsection N of this Section. Rough Grading Permit or Precise Grading Permit. A Rough Grading Permit or a Precise Grading Permit may be issued for grading work, as defined in this chapter, upon completion of a proper application, submittal of other required data, and review and approval of grading plans by the City Engineer. Stockpile Permit. A Stockpile Permit may be issued for the temporary stockpile of materials, provided the materials shall be removed from the stockpile site, or compacted and worked thereon under a subsequently issued Rough or Precise Grading Permit within two weeks, or a timeframe specified by the City Engineer, of the issuance of the Stockpile Permit; and, provided further, that the stockpile material is graded and placed such that unreasonable erosion will not occur. Erosion control plans are required for every submittal of a stockpile permit application. Erosion control devices designed by the Engineer of Work shall be installed promptly at the commencement of stockpiling. A Stockpile Permit and a stockpile plan prepared by a Civil Engineer along with an engineer's cost estimate, minimum administrative and inspection fees, and a cash deposit shall be required by the City Engineer to ensure proper erosion control and cleanup and removal of stockpile. In no case shall a Stockpile Permit application be accepted by the City prior to City Councilor written staff approval of a project on the site, including environmental review by the Development Services Department, and submittal of a complete grading application including plans, soils report, engineer's cost estimate, fees and application. C. Administrative Clearing Permit. No person shall commence any clearing and grubbing operation without first receiving a Grading, Stockpiling or Paving Permit or obtaining an Administrative Clearing Permit from the City Engineer. An Administrative Clearing Permit shall not be issued until all of Ordinance No. 655 Page 8 the following have occurred to the satisfaction of the City Engineer after review by the Director of Development Services: 1. For development-related clearing, where the proposed clearing and grubbing is in anticipation of, or pursuant to, development of the affected property, the following shall be accomplished: a. All applicable discretionary approvals for development of the land shall have been issued, b. All required environmental mitigation measures shall have been implemented, c. All applicable fees and deposits shall have been paid, d. A satisfactory clearing plan shall have been approved, and e. An erosion control plan shall have been approved and cash security posted to assure implementation. Any clearing done pursuant to this section shall conform to the location, extent and purpose authorized explicitly by the applicable approvals for development of land. 2. For nondevelopment clearing, in all other instances where development is not anticipated, the following shall be accomplished: a. A satisfactory clearing plan showing the location of existing natural vegetation, locations of all existing buildings or structures on the property and the specific area to be cleared shall have been approved, b. Photographs of the site and surrounding properties which clearly indicate existing conditions and vegetation shall have been submitted, c. A biological report or other documentation which indicates the quantity and quality of existing vegetation as potentially suitable habitat for sensitive species, and any potential impacts on the suitability of remaining habitat on-site and adjacent properties shall be submitted and approved by the Director of Development Services (on disturbed sites, this report may be required to recommend revegetation with native plants), d. All required environmental mitigation measures shall have been implemented, e. An erosion control plan shall have been approved and cash security posted to assure implementation, and Ordinance No. 655 Page 9 f. An archaeological resources report which indicates the location of sensitive resources, as determined by a qualified archaeologist or paleontologist, shall have been submitted and approved. 16.43.060.A General Conditions. The City Engineer shall not issue a permit in any case where he finds, or where it may reasonably be inferred, that the work as proposed by the applicant will: 1. Damage any private or public property; 2. Expose any property to landslide or geologic hazard; 3. Adversely interfere with existing drainage courses or patterns; 4. Cause erosion which could result in the depositing of mud, silt, or debris on any public or private street or way or any municipal separate storm sewer system or receiving water; or 5. Create any hazard to person or property. If it can be shown to the satisfaction of the City Engineer that the hazard can be mitigated by the construction of retaining structures, buttress fills, drainage structures or facilities or by other means, the City Engineer may issue the permit on the condition that such construction be performed. 16.44.030 As a condition of application for any permit, the owner of the site to be graded or cleared and the contractor, if any, shall thereby grant to the City or the City's contractor a right of entry on the site for the purposes of inspection and for purposes of correction of grading not performed in compliance with the terms and conditions of the permit. The owner and the contractor shall agree to indemnify the City for any claims or damages which may result from the City's or City's contractor entry onto the property including any corrective action taken pursuant to such right of entry. 16.44.050.E The permittee has the right to the proper discharge of natural drainage, within the provisions of this division, into natural drainage courses. In order to reduce pollutants and peak runoff from new development and redevelopment, the runoff shall be limited to the peak runoff of predevelopment conditions to the maximum extent practicable to the discretion of the City Engineer. Post-development runoff from the site shall not contain pollutant loads which cause or contribute to an exceedance of receiving water quality objectives or which have not been reduced to the maximum extent practicable. 16.50.010.A Cut slopes shall generally be no steeper than two horizontal to one vertical (2: 1). In special circumstances where no evidence of previous instability exists and, when recommended in the soils engineering and engineering geologic report and approved by Ordinance No. 655 Page 10 the Director of Development Services and the City Engineer, cut slopes may be constructed steeper than two to one (2: 1). The soils reports must include calculations that show that the steeper slope has a factor of safety of greater than one and one-half, both in mass stability and surficial stability. Special designs to mitigate minor surficial instability may be considered for approval by the City Engineer. 16.50.080 Unless waived by the City Engineer, a compacted earthen berm shall be constructed at the top of all slopes steeper than five to one (5:1). The berm shall conform to the slope and shall be a minimum of six inches high and one foot wide. 16.50.120 A. B. C. D. E. Terraces at least eight feet in width shall be established at not more than 30-foot vertical intervals on all cut or fill slopes to control surface drainage and debris. Where only one terrace is required, it shall be at midheight. Terrace widths shall be subtracted from the horizontal component of the slope ratio so that slope faces do not exceed the maximum slope. Accordingly, each component section of the slope between terraces will be calculated independently. Terrace widths and spacing for cut-and-fill slopes greater than 90 feet in height shall be designed by the Civil Engineer upon recommendation of the Soils Engineer and approved by the City Engineer. Suitable access shall be provided to permit proper cleaning and maintenance. Terrace drains shall be constructed on all terraces, using concrete with suitable reinforcement, with a minimum gradient of three percent unless waived by the City Engineer due to special circumstances. Construction of the drains shall be such that concrete is a minimum of one-half inch below (and a maximum of four inches below) the surface elevation of the adjacent grade. The terrace drain shall have a minimum depth at the deepest point of one foot and a minimum width of three feet (measured across the top), and shall be designed to accommodate the runoff intercepted. Unless otherwise approved by the City Engineer, a single run of terrace drain shall not collect more than 15,000 square feet of drainage area without discharging into a downdrain or other approved collection device. Splash walls, velocity reducers, flow spreaders and other structures shall be provided to the satisfaction of the City Engineer. All downdrains shall be constructed of concrete with suitable reinforcement and shall equal the cross-sectional area of the terrace drain or be a pipe of approved material and of 12 inches minimum diameter. Construction of the terrace drains shall be as described for gutters and downdrains herein, and shall be located on the terraces with one side of the ditch at least two feet from the toe of the slope. In special circumstances, when recommended in the soil engineering report, and approved by the City Engineer, fill slopes constructed at Ordinance No. 655 Page 11 inclinations no steeper than two to one may be constructed without terraces. However, the global slope stability analysis calculations shall demonstrate a factor of safety no less than 1.5. In addition, slope stability calculations for surficial stability shall demonstrate a factor of safety no less than 1.5 for a depth of wetting corresponding to 4.0 feet and assuming slope-parallel seepage. Finally, analyses shall be submitted that demonstrate that the removal of terraces will not create adverse slope erosion debris and surface drainage conditions. 16.50.170.8 Erosion control system standards shall be as follows: 1. The faces of cut-and-fill slopes and the project site shall be prepared and maintained to control against erosion. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted upon approval of the City Engineer. 2. Where necessary, temporary and/or permanent erosion control devices such as de-silting basins, check dams, cribbing, riprap, or other devices or methods as approved by the City Engineer, shall be employed to control erosion, prevent discharge of sediment, and provide safety. 3. Temporary de-silting basins constructed of compacted earth shall be compacted to a relative compaction of 90 percent of maximum density. A gravel bag or plastic spillway must be installed for overflow, as designed by the Engineer of Work, to avoid failure of the earthen dam. A soils engineering report prepared by the Soils Engineer, including the type of field testing performed, location and results of testing shall be submitted to the City Engineer for approval upon completion of the de-silting basins. 4. De-silting facilities shall be provided at drainage outlets from the graded site, and shall be designed to provide a de-silting capacity capable of containing the anticipated runoff for a period of time adequate to allow reasonable settlement of suspended particles. 5. De-silting basins shall be constructed around the perimeter of projects, whenever feasible, and shall provide improved maintenance access from paved roads during wet weather. Grading cost estimates must include maintenance and ultimate removal costs for temporary de-silting basins. 6. The erosion control provisions shall take into account drainage patterns during the current and future phases of grading. 7. Erosion protection may include effective planting of all slopes unless otherwise approved by the City Engineer. Planting of the slopes shall be done as soon as practicable, and prior to rough Ordinance No. 655 Page 12 grade approval. Planting shall be installed, fully germinated, and effectively cover the required slopes prior to finished grade approval. If this is not accomplished, the slope shall be treated with punched cereal straw, broadcast on the soil surface at 4,000 pounds per acre and held with a tackifier, fiber or net, or an equal system approved by the City Engineer or City Landscape Architect. 8. The permittee or owner shall be responsible for control of erosion on all areas of grading until acceptance of the completed grading by the City Council. This responsibility extends to completed and occupied lots. 9. Equipment and workers for emergency work shall be made available at all times. One hundred and 25 percent of all necessary materials shall be available on-site and stockpiled at convenient locations to facilitate rapid construction of temporary devices at all times. 10. All removable protective devices shown shall be in place at the end of each working day when there is a 50 percent chance of rain within a 48-hour period. If the developer does not provide the required installation or maintenance of erosion control structures within two hours of notification at the 24-hour number on the plans, the City Engineer may order City crews or the City's contractor to do the work or may issue contracts for such work and charge the cost of this work along with reasonable overhead charges to the cash deposits or other instruments implemented for this work without further notification to the owner. No additional work on the project, except erosion control work, may be performed until the full amount drawn from the deposit is restored by the developer. 11. At any time of year, an inactive site shall be fully protected from erosion and discharges of sediment. Flat areas with less than five percent grade shall be fully covered unless sediment control is provided through de-silting basins at all project discharge points. A site is considered inactive if construction activities have ceased for a period of ten or more consecutive days. Section 4: If any portion of this Ordinance is determined to be unconstitutional or otherwise contrary to law, that portion will be severed, and the remainder will continue in full force and effect. Section 5: This Ordinance shall be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after the date of this passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names and members voting for and against the same in the Po way News Chieftain, a newspaper of general circulation published in the City of Poway. Ordinance No. 655 Page 13 Introduced and first read at a regular meeting of the City Council of the City of Poway held this 24th day of April 2007, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 8th day of May 2007. ATTEST: ~e~~~ STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify that the foregoing Ordinance No. 655, was duly adopted by the City Council at a meeting of said City Council held on the 8th day of May , 2007, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ~ ~~C~ L. Diane Shea, City Clerk City of Poway