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