Ord 671
ORDINANCE NO 671
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING CHAPTERS
1309,1641 THROUGH 16 50, AND 16 100 THROUGH 16 108 OF THE POWAY
MUNICIPAL CODE CONCERNING STORMWATER MANAGEMENT AND
DISCHARGE CONTROL, EXCAVATION AND GRADING, AND STANDARD URBAN
STORMWATER MITIGATION PLAN
WHEREAS, on February 21, 2001, the California Regional Water Quality Control
Board, San Diego Region (SDRWQCB), issued Order No 2001-01, National Pollutant
Discharge Elimination System (NPDES) Permit No CAS0108758, naming the City of
Poway and 19 other jurisdictions as Copermittees responsible for the implementation of
a countywide Stormwater Management Program, and
WHEREAS, the City adopted or revised a number of ordinances to meet the
requirements of Order No 2001-01, including Ordinances 552, 553, and 569 amending
Chapters 1309, 1641 through 1650, and 16100 through 16.108 of the Poway
Municipal Code, and
WHEREAS, on January 24, 2007, the SDRWQCB issued Order No 2007-0001,
revising the requirements of Order No 2001-01, and
WHEREAS, Order No 2007-0001 mandates all Copermittees, including the City
of Poway, to update their local ordinances as necessary to establish the legal authority
to meet the revised requirements, and
WHEREAS, it has been determined that there is a need to revise Chapters
1309,1641 through 1650, and 16 100 through 16 108 of the Poway Municipal Code to
meet the requirements of the NPDES Permit; and
WHEREAS, it has been determined that there is an additional need to amend
these Sections of the Municipal Code to make other minor updates, such as the
correction of typographic errors and the elimination of outdated references.
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
Section 15061 (b}(3) of the CEQA Guidelines, as it entails State-mandated updates to
current City regulations, and there is no possibility that this will have a significant effect
on the environment
SECTION 2: Section 1309020, first paragraph, first sentence, is amended as
follows
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Page 2
The purposes of this chapter are to protect the health, safety and general welfare of
City of Poway residents, to protect water resources and to improve water quality; to
cause the use of management practices by the City and its citizens that will reduce the
adverse effects of polluted runoff discharges on waters of the State, to secure benefits
from the use of stormwater as a resource, and to ensure that the City is compliant with
Order No 2007-0001 and with applicable State and Federal law
SECTION 3 Section 1309030 is amended by amending the definitions of "Best
management practices", "Manual", "NPDES Permit No CAS0108758", "Significant
redevelopment", "Stormwater", "Stormwater Conveyance System", "Structural BMP",
and "Structural postconstruction BMP", adding definitions for "Directly adjacent to", "Low
Impact Development (LID)", and "Treatment Control BMP", and deleting the definition
for "Stormwater retrofit", as follows.
"Best management practices" means schedules of activities, pollution treatment
practices or devices, prohibitions of practices, general good housekeeping practices,
pollution prevention and educational practices, maintenance procedures and other
management practices or devices to prevent or reduce the discharge of pollutants
directly or indirectly to stormwater, receiving waters or the stormwater conveyance
system. Best management practices also include, but are not limited to, treatment
practices, operating procedures, and practices to control site runoff, spillage or leaks,
sludge or water disposal, or drainage from raw materials storage Best management
practices may include any type of pollution prevention and pollution control measure,
approved by the City and consistent with Order No 2007-0001 that can help to achieve
compliance with this chapter
"Directly adjacent to" means situated within 200 feet of
"Low Impact Development (LID)" means a storm water management and land
development strategy that emphasizes conservation and the use of on-site natural
features integrated with engineered, small-scale hydrologic controls to more closely
reflect pre-development hydrologic functions
"Manual" means the City's Best Management Practices Manual described in PMC
1309040(G), adopted by resolution as part of the City's Jurisdictional Urban Runoff
Management Program and hereinafter referred to as "Manual."
"NPDES Permit No CAS0108758" means RWQCB Order No 2007-0001, NPDES
Permit No CAS0108758, "Waste Discharge Requirements for Discharges of Urban
Runoff From the Municipal Separate Storm Sewer Systems (MS4s) Draining the
Watersheds of the County of San Diego, the Incorporated Cities of San Diego County,
the San Diego Unified Port District, and the San Diego County Regional Airport
Authority"
Ordinance No 671
Page 3
"Significant redevelopment" means development in the City that would create, add, or
replace at least 5,000 square feet of impervious surfaces on an already developed site
that falls under one or more priority development project categories. Significant
redevelopment includes, but is not limited to the expansion of a building footprint;
addition to or replacement of a structure, replacement of an impervious surface that is
not part of a routine maintenance activity; and land disturbing areas related with
structural or impervious surfaces. Replacement of impervious surfaces includes any
activity that is not part of a routine maintenance activity where impervious material(s)
are removed, exposing underlying soil during construction. Significant redevelopment
does not include trenching and resurfacing associated with utility work, resurfacing and
reconfiguring surface parking lots, new sidewalk construction, pedestrian ramps, or bike
lane on existing roads, and replacement of damaged pavement
"Stormwater" shall have the same meaning as set forth in PMC Section 8 68 020
"Stormwater conveyance system" shall have the same meaning as set forth in PMC
Section 8 68 020
"Structural BMP" means a BMP that relies on either a physical condition (other than
an entirely natural and undisturbed condition) or a constructed or installed device to
reduce or prevent pollutants in stormwater discharges and authorized nonstormwater
discharges. Constructed or enhanced BMPs that depend on natural materials and
processes (e.g., constructed drainage swales or buffers, or constructed wetlands) are
structural BMPs
"Structural postconstruction BMP" means a structural BMP (other than a temporary
construction-related BMP) put in place in connection with a land development or
redevelopment project to prevent or reduce contamination in stormwater or receiving
waters, or to prevent or reduce erosion downstream from the project All treatment
control BMPs are structural post-construction BMPs.
"Treatment Control BMP" means any engineered system designed and constructed to
remove pollutants from urban runoff Pollutant removal is achieved by simple gravity
settling of particulate pollutants, filtration, biological uptake, media absorption, or any
other physical, biological, or chemical process ''Treatment control" has the same
meaning.
SECTION 4 Section 13 09 040(B) is amended as follows
B Effective Date The ordinance codified in this chapter shall take effect on March 20,
2008
SECTION 5 Section 13 09040(1) is deleted
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SECTION 6 Section 13 09 070(A) is amended as follows
A. Applicable Requirements. All dischargers in the City must comply with the
generally applicable prohibitions and requirements in PMC 1309040 through
13 09 070, and must also comply with any other parts of this chapter (including relevant
parts of the manual) that are applicable to the type of facility or activity owned or
operated by that discharger
SECTION 7 Section 1309 070(B}(4) is amended as follows.
4 Slopes. Completed slopes that have been disturbed at any time by clearing,
grading or landscaping shall be protected from erosion prior to the first rainy season
following completion of the slope and continuously thereafter
SECTION 8 Section 1309 080(E}(5) is added as follows
5 Lawn waste (green waste) may not be disposed of directly or indirectly to the
street, gutter, or stormwater conveyance system.
SECTION 9' Section 13 09 080(F}(5) is added as follows.
5 Trash and other unwanted household items may not be disposed otto the street,
gutter, or stormwater conveyance system
SECTION 10' Section 13 09 080(1) is added as follows
I Additional Controls. Where necessary to prevent discharges from causing or
contributing to violations of water quality standards, the City may require the
implementation of additional controls for residential dischargers tributary to 303(d) listed
water body segments where the facility or activity generates pollutants for which the
water body segment is impaired or for residential dischargers within or directly adjacent
to or discharging directly to receiving waters within ESAs. Additional cOr;Jtrols may
include but are not limited to implementation of BMPs more stringent than the applicable
minimum BMPs listed in this chapter
SECTION 11 Section 13 09 090 is amended as follows.
Additional minimum best management practice requirements for commercial
activities and facilities.
A. Application of Requirements All regulated commercial dischargers must install,
implement and maintain at least the additional minimum BMPs, if any, specified in this
section or in the manual for the category of activity or facility owned or operated by that
discharger, as applicable All regulated commercial dischargers shall review their
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facilities, activities, operations and procedures at least annually to detect and eliminate
illicit connections and illegal discharges. Corrective training shall be provided as needed
(and documented in training records) whenever an illegal disposal practice is
discovered.
B Regulated Commercial Dischargers Identified As required by NPDES Permit
No CAS0108758, commercial dischargers in the City having one or more of the
following characteristics are regulated commercial dischargers:
1 The discharger is a regulated commercial discharger if it is engaged in one or
more of the following commercial activities.
a. Airplane mechanical repair, maintenance, fueling, or cleaning;
b Motor vehicle (or other vehicle) parking lots and storage facilities,
c. Motor vehicle and other vehicle body repair or painting;
d Automobile mechanical repair, maintenance, fueling or cleaning;
e Boat mechanical repair, maintenance, fueling, or cleaning;
f Botanical or zoological gardens and exhibits,
g Cement mixing or cutting;
h. Cemeteries,
i. Eating or drinking establishments, including food markets,
j. Equipment repair, maintenance, fueling or cleaning,
k. Golf courses, parks and other recreational areas/facilities,
I. Landscaping;
m Marinas,
n. Masonry;
o Mobile motor vehicle or other vehicle washing;
p Mobile carpet, drape or furniture cleaning;
q. Nurseries and greenhouses,
r Painting and coating,
s. Pest control services;
t Pool and fountain cleaning,
u. Portable sanitary services;
v Retail or wholesale fueling;
w, Building material retailers and storage,
x. Animal facilities, or
y Power washing services.
2. All other commercial dischargers not mentioned in 13 09 090(B}(1), tributary to a
CWA Section 303(d) impaired water body segment, for which the City has determined
the facility or activity generates pollutants for which the water body segment is impaired
3 Commercial dischargers discharging directly to receiving waters within ESAs.
4 All other commercial dischargers that the City determines may contribute a
significant pollutant load to the stormwater conveyance system.
C Additional Minimum Best Management Practices for All Regulated Commercial
Dischargers All regulated commercial dischargers shall install, implement and maintain
the BMPs specified in the manual in the following areas, as applicable
1 Employee training,
2. Storm drain tileage and signing,
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3 Annual review of facilities and activities,
4. Pollution prevention,
5 Materials and waste management;
6 Vehicles and equipment;
7 Outdoor areas, and
8 Good housekeeping.
D Additional Minimum Best Management Practices for Specific Activities
Conducted by Regulated Commercial Dischargers Regulated commercial dischargers
shall install, implement and maintain the BMPs specified in the manual for all locations,
if any, where any of the following activities are conducted.
1 Vehicle and equipment operations,
2. Materials and waste management (including tanks),
3 Outdoor work and storage functions
E. Additional Minimum Best Management Practices for Specific Types of Regulated
Commercial Facilities and Activities Regulated commercial dischargers, including but
not limited to the types of facilities and activities listed below, shall install, implement
and maintain the BMPs specified in the manual for each such type of facility or activity
BMPs must be installed, implemented and maintained for all applicable specific .facility
or activity types regardless of whether that activity is the primary activity of the regulated
commercial discharger
1 Motor vehicle repair, maintenance, fueling or cleaning;
2. Airplane repair, maintenance, fueling or cleaning;
3 Boat repair, maintenance, fueling or cleaning;
4 Equipment repair, maintenance, fueling or cleaning;
5 Outdoor storage of vehicles and equipment;
6 Retail and wholesale fueling,
7 Motor vehicle body repair and painting;
8 Painting and coating;
9 Eating and drinking establishments, including food markets,
10 Marinas,
11 Botanical and zoological gardens and exhibits,
12. Golf courses, parks, and other recreational facilities,
13 Cement mixing and cutting;
14 Mobile carpet, drape or furniture cleaning;
15 Masonry;
16 Pool and fountain cleaning;
17 Portable sanitary services,
18. Vehicle washing at stationary or mobile facilities,
19 Pest control;
20 Landscaping (including cemeteries),
21 Building materials retailers and storage,
22. Animal facilities, and
23 Power washing.
F Additional Controls Where necessary to prevent discharges from causing or
contributing to violations of water quality standards, the City may require the
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implementation of additional controls for commercial dischargers tributary to CWQ
section 303(d) impaired water body segments where the facility or activity generates
pollutants for which the water body segment is impaired or for commercial dischargers
within or directly adjacent to or discharging directly to receiving waters within ESAs
when determined to be necessary by the City Additional controls may include, but are
not limited to, implementation of BMPs more stringent than the applicable minimum
BMPs in this chapter and preparing a SWPPP or conducting monitoring as provided in
PMC 1309070
SECTION 12: Section 13 09 100 is amended as follows.
Additional minimum best management practice requirements for industrial
activities and facilities
A. Application of Requirements. All regulated industrial dischargers must install,
implement and maintain at least the applicable additional minimum BMPs, if any,
specified in this section or in the manual for the category of activity or facility owned or
operated by that discharger All regulated industrial dischargers shall review their
facilities, activities, operations and procedures at least annually to detect and eliminate
illicit connections and illegal discharges. Corrective training shall be provided as needed
(and documented in training records) whenever an illegal disposal practice is
discovered
B Regulated Industrial Dischargers Identified. Dischargers that meet one or more of
the criteria listed below are regulated industrial dischargers.
1 The facility is an industrial facility, as defined in 40 CFR S 122.26(b)(14),
including those subject to the state industrial general storm water permit or other
individual NPDES permit.
2. The facility is an operating or closed landfill.
3 The facility is an industrial discharger tributary to a 303(d) listed water body and
the facility generates a pollutant for which that water body is impaired
4 The facility is an industrial discharger and is located within or directly adjacent to
(within 200 feet of) or discharges directly to a coastal lagoon or a receiving water body
within an ESA.
5 The facility is subject to Section 313 of Title III of the Superfund Amendments
and Reauthorization Act of 1986 (SARA)
6 The facility is a hazardous waste treatment, disposal, storage, and/or recovery
facility
7 The facility was notified in writing by an authorized enforcement official that it has
been designated a regulated industrial discharger Such designations shall take effect
90 days after mailing or service of notice These designations shall be made where the
facility discharges a pollutant load in stormwater or runoff that causes or contributes to
the violation of water quality standards.
C Regulated industrial dischargers must meet the applicable requirements set out
in PMC 13 09 040 through 13 09 070 for all discharges, the applicable requirements set
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out in PMC 1309090 for regulated commercial dischargers, any applicable
requirements in PMC 1309130, and the following practices.
1 Pollution Prevention Practices. Regulated industrial dischargers shall consider
and, where determined to be appropriate by the facility, shall implement the following
measures to prevent the pollution of stormwater and runoff'
a. The use of smaller quantities of toxic materials or substitution of less toxic
materials,
b Changes to production processes to reduce waste,
c Decreases in waste water flows,
d Recycling of wastes as part of the production process,
e Segregation of wastes, and
f Treatment of wastes on site to decrease volume and/or toxicity
2. Nonstructural BMPs. Regulated industrial dischargers shall install, implement
and maintain the following nonstructural BMPs. The implementation of these practices
shall be consistent with specifications, if any, contained in the manual:
a. BMPs for material handling and storage of significant materials,
b BMPs for nonhazardous waste handling and recycling,
c. Employee training programs,
d Good housekeeping practices,
e Preventive maintenance practices,
f Self inspection and quality assurance practices, and
g. Spill response planning.
3 BMPs for Specific Activities Regulated industrial dischargers shall install,
implement and maintain BMPs as specified in the manual for any commercial activities
conducted at the facility (as identified in PMC 13 09 090), and for areas at the facility
where industrial activities are conducted Industrial activities include but are not limited
to the following
a. Hazardous waste storage (including tanks),
b Solid waste storage,
c. Loading and unloading significant materials,
d. Vehicle fueling;
e Landscaping and groundskeeping;
f Vehicle/equipment washing;
e Parking lots,
f Process water pretreatment;
g. Outdoor equipment storage,
h. Rooftops,
i. Wastewater treatment; and
j. Vehicle maintenance.
4 Additional structural BMPs Regulated industrial dischargers shall install,
implement and maintain one or more of the additional structural BMPs listed below
where practicable, if use of such BMPs would significantly reduce pollution in runoff
from the facility The discharger shall determine in the first instance which of these
BMPs to implement. However, an authorized enforcement official can order that
additional BMPs be used at a particular facility
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a. Overhead coverage of outdoor work areas or chemical storage,
b Retention ponds, basins or other impoundments that confine stormwater to the
site,
c. Berms and concrete swales or channels that divert run-on and runoff away
from contact with pollutant sources;
d. Secondary containment structures, and
e Treatment controls to reduce pollutants in stormwater or authorized
nonstormwater discharges The design of proposed treatment controls must be
approved by the City Engineer prior to implementation.
D Additional Requirements for Regulated Industrial Dischargers Subject to the State
Industrial General Storm Water Permit.
1 Notice of Intent. Industrial dischargers required to comply with the State industrial
general stormwater permit shall maintain on site and make available for inspection on
request by the City the State-issued Waste Discharge Identification Number (WDID) for
the facility, and a copy of the Notice of Intent (NOI) filed with the SWRCB pursuant to
that permit. The discharger shall submit the WDID and a copy of that NOI to the City by
mail if directed to do so by an authorized enforcement official. Regulated industrial
dischargers that are potentially subject to the State industrial general storm water permit
that have determined they do not require coverage under that permit must prepare and
retain on site, and make available for inspection by the City, a written report
documenting and explaining that determination.
2. Stormwater Pollution Prevention Plan. Dischargers required to prepare an SWPPP
under the State general industrial stormwater permit must prepare the plan, implement
the plan, and maintain it at the site readily available for review Failure to comply with an
applicable State-required SWPPP is a violation of this chapter
E. Stormwater Monitoring. Dischargers owning or operating industrial facilities
required to conduct monitoring under the State industrial general stormwater permit
shall make records of such monitoring available for inspection, and submit a copy of
such records to the City if directed to do so by an authorized enforcement official. Group
monitoring approved by the State is also acceptable to the City The City may direct that
any required records be submitted in a specified electronic format.
F Additional Controls. Where necessary to prevent discharges from causing or
contributing to violations of water quality standards, the City may require the
implementation of additional controls for industrial dischargers tributary to 303(d) listed
water body segments where the facility or activity generates pollutants for which the
water body segment is impaired or for industrial dischargers within or directly adjacent
to or discharging directly to receiving waters within ESAs. Additional controls may
include but are not limited to implementation of BMPs more stringent than the applicable
minimum BMPs in this chapter and preparing a SWPPP or conducting monitoring as
provided in PMC 1309070
SECTION 13 Section 13 09 11 O(A) is amended as follows
A. Nursery and Greenhouse Operations Pursuant to NPDES Permit No
CAS0108758, nursery and greenhouse operations are classified as commercial
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operations for purposes of this chapter, and are subject to all requirements for regulated
commercial dischargers set out in this chapter
SECTION 14. Section 13 09110(D)(1) is amended as follows
1 Where practicable, all runoff from areas where livestock, horses or other large
animals are kept within an enclosure on a parcel must be collected and managed in a
manner that avoids a discharge to the stormwater conveyance system or receiving
waters. Where this is not practicable, manure must be cleaned up at least twice weekly,
and must either be composted, or stored prior to disposal.
SECTION 15 Section 13 09 11 O(E) is amended as follows.
E. Other Agricultural Operations. Other agricultural operations are subject to the
discharge prohibitions and other requirements set out in PMC 1309040 through
1309060 Agricultural operations located within or adjacent to (within 200 feet of) an
impaired water body or a coastal lagoon or a receiving water body within an ESA" or
which discharge directly to such a water body, are also subject to the requirements set
out in PMC 13 09 070
SECTION 16 Section 1309120, first paragraph, first sentence, is amended
as follows
Municipal facilities must meet the requirements set out in PMC 13 09 040 through
1309070 and, where applicable, PMC 1309140 and 1309150
SECTION 17 Section 1309140(1) is added as follows
I Additional Controls. Where necessary to prevent discharges from causing or
contributing to violations of water quality standards, the City may require the
implementation of additional controls for dischargers tributary to 303(d) listed water
body segments where the facility or activity generates pollutants for which the water
body segment is impaired or for dischargers within or directly adjacent to or discharging
directly to receiving waters within ESAs. Additional controls may include but are not
limited to implementation of BMPs more stringent than the applicable minimum BMPs
listed in this chapter
SECTION 18' Sections 1309150(G}(4) through 13 09 150(G)(8) are
amended as follows.
4 Low Impact Development (LID) site design BMPs, such as impervious surface
minimization, and appropriate use of buffer areas to protect natural water bodies,
5 LID site planning BMPs, such as siting and clustering of development to
conserve natural areas to the extent practicable,
6 The installation of storm drain tiles or concrete stamping, and appropriate
signage to discourage illegal discharges,
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7 BMPs for trash storage and disposal and materials storage areas;
8 Treatment Control BMPs to treat and/or to infiltrate stormwater where a
development project would otherwise cause or contribute to a violation of water quality
standards in receiving waters. Off-site structural BMPs may be used for treatment and
infiltration necessary to meet water quality standards only if the conveyance of runoff to
those facilities prior to treatment will not cause or contribute to an exceedance of water
quality standards, or deprive wetlands or riparian habitats of needed flows. Off-site
facilities shall not substitute for the use of anyon-site source control BMPs required by
the manual;
SECTION 19' Section 1309 160(B) is amended as follows.
B New Development. The owners and occupants of lands on which treatment control
BMPs have been installed to meet the requirements of this chapter shall ensure the
maintenance of those BMPs, and shall themselves maintain those BMPs (by contract or
covenant, or pursuant to this chapter) Such owners and occupants shall provide annual
written verification that appropriate maintenance is conducted for all treatment control
BMPs
SECTION 20' Section 1309 160(F)is amended as follows.
F Maintenance Plans for Land Development Projects The proponents of any land
development project or significant redevelopment project that requires a discretionary
City permit shall provide to the City for review and approval prior to issuance of such
permit, a plan for maintenance of all treatment control BMPs associated with the project.
The plan shall specify the persons or entities responsible for maintenance activity, the
persons or entities responsible for funding, schedules and procedures for inspection
and maintenance of the BMPs, worker training requirements, and any other activities
necessary to ensure BMP maintenance. The plan shall provide for servicing of all
postconstruction structural BMPs, including treatment control BMPs, at least annually,
and for the retention of inspection and maintenance records for at least three years.
SECTION 21 Section 1309 190(D), last sentence, is amended as follows
For purposes of this chapter a permit provision or condition of approval is
"stormwater-related" if compliance with the provision or condition would have the effect
of preventing or reducing contamination of stormwater or of moderating runoff flow rates
or velocities, whether or not the provision or condition was initially imposed to promote
those outcomes.
SECTION 22. Section 1641 015 is added as follows
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Advanced treatment
"Advanced treatment" means using mechanical or chemical means to flocculate and
remove suspended sediment from runoff from construction sites prior to discharge.
SECTION 23 Section 1641515 is added as follows:
Municipal separate storm sewer system (MS4)
"Municipal separate storm sewer system (MS4)" shall have the same meaning as
"Stormwater conveyance system" as set forth in PMC Section 8 68 020
SECTION 24 Section 1644 050(E) is amended as follows
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 and as required by the City's hydromodification
management standards 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
SECTION 25 Section 1644 060(C) is amended as follows
C Maximum Disturbed Area. Cleared or graded areas left exposed at any given time
are limited to the amount of acreage that the project proponent can adequately protect
prior to a predicted storm event or 17 acres, whichever is smaller, unless the
disturbance of a larger area is approved in writing by the City Engineer In the event
that a project proponent requests approval to disturb area greater than 17 acres, the
project proponent shall first submit to the City Engineer written documentation
describing how it will ensure that it reduces discharges of pollutants to the Maximum
Extent Practicable and prevents discharges of pollutants that would cause or contribute
to violations of water quality standards despite the larger disturbed area.
SECTION 26 Section 1650 170(C) is amended as follows.
C No grading work shall be allowed between October 1st and the following April 30th
on any site when the City Engineer determines that erosion, mudflow or sediment or silt
discharge may adversely affect downstream properties, drainage courses, storm drains,
streets, easements, or public or private facilities or improvements unless an approved
erosion control system has been implemented on the site If the City determines that it
is necessary for the City to cause erosion control measures to be installed or cleanup to
be done, the developer shall pay all of the City's direct and indirect costs including extra
inspection, supervision, and reasonable overhead charges
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SECTION 27 Section 1650 170(D) is added as follows.
D Advanced treatment for sediment shall be required for construction sites
determined by the City Engineer to be an exceptional threat to water quality In
evaluating the threat to water quality, the City Engineer shall consider the following
factors
1 Soil erosion potential or soil type,
2. The site's slopes,
3 Project size and type,
4 Sensitivity of receiving water bodies,
5 Proximity to receiving water bodies,
6 Non-storm water discharges,
7 Ineffectiveness of other BMPs, and
8. Any other relevant factors.
SECTION 28' Section 16 100 020(A) is amended as follows
A. The municipal stormwater National Pollutant Discharge Elimination System
(NPDES) Permit (Order No R9-2007-0001, NPDES No CAS0108758, hereinafter
referred to as "Municipal Permit") issued to San Diego County, the Port of San Diego,
San Diego County Regional Airport Authority and 18 cities (Copermittees) by the San
Diego Regional Water Quality Control Board (Regional Board) on January 24, 2007,
requires the development and implementation of a program addressing urban runoff
pollution issues in development planning for public and private projects
SECTION 29' Section 16 100 030(C) is amended as follows
C The goal of this division is to develop and implement practicable policies to ensure,
to the maximum extent practicable, that development does not increase pollutant loads
from a project site. This includes mitigation of urban runoff based on the flow rates and
velocities of historical rainfall events. This goal may be achieved through site-specific
controls and/or drainage area-based or shared structural treatment controls. This
division identifies appropriate Best Management Practices (BMPs) for certain
designated project types to achieve this goal
SECTION 30' Section 16 100 040(C) is amended as follows.
C All new development and significant redevelopment projects that fall into one of the
following "priority project" categories are subject to the requirements of this division,
subject to the lawful prior-approval provisions of the Municipal Permit. In the instance
where a project feature, such as a parking lot, falls into a priority project category, the
entire project footprint is subject to the requirements of this division. These categories
are
1 Residential development of 10 units or more,
2. Commercial development greater than 1 acre
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3 Industrial development greater than 1 acre,
4 Automotive repair shops,
5 Restaurants,
6 Hillside development greater than 5,000 square feet;
7 Projects discharging to receiving waters within environmentally sensitive areas,
8 Parking lots8 Parking Lots with 5,000 square feet or more of impervious surface,
or with> 15 parking spaces, that are potentially exposed to urban runoff;
9 Streets, roads, highways, and freeways which would create a new paved
impervious surface that is 5,000 square feet or greater; and
10 Retail gasoline outlets 5,000 square feet or more or with a projected Average
Daily Traffic (ADT) of 100 or more vehicles per day
Where redevelopment results in an increase of less than 50 percent of the
impervious surfaces of a previously existing development, and the existing development
was not subject to SUSMP requirements, the numeric sizing criteria identified in
Chapter 16107 of this division apply only to the addition, and not the entire
development. When redevelopment results in an increase of more than 50 percent of
the impervious surfaces of a previously existing development, the numeric sizing criteria
applies to the entire development.
SECTION 31 Section 16 100050 is amended as follows.
Limited exclusion.
The following activities are not considered priority projects. Trenching and resurfacing
work associated with utility projects, resurfacing and reconfiguring surface parking lots
and existing roadways, construction of new sidewalk, pedestrian ramps, or bike lane on
existing roads, and routine replacement of damage pavement, such as pothole repair
Parking lots, buildings and other structures associated with utility projects are subject to
the requirements of this division if one or more of the criteria for the above categories
are met.
SECTION 32. Section 16101 is amended by amending the definitions of
"Attached residential development", "Detached residential development",
"Environmentally sensitive areas", Projects discharging to receiving waters within
environmentally sensitive areas", "Receiving waters", "Restaurant", "Significant
redevelopment", "Site design BMP", and "Source control BMP (both structural and
nonstructural)", deleting the definition of "Commercial development greater than
1 00,000 square feet", adding the definitions of "Hydromodification", "Industrial
development greater than one acre", "Integrated Management Practice (IMP)", "Low
Impact Development (LID)", "Natural Drainage", "Residential development of 10 units or
more", and "Sediment", and renumbering the sections, as follows
16 101 010 "Attached residential development" means any development that provides
residential units that share an interior/exterior wall. This category includes, but is not
limited to dormitories, condominiums and apartments
Ordinance No 671
Page 15
16 101 040 "Commercial development greater than one acre" means any commercial
development that results in the disturbance of one acre or more of land
16101 050 "Detached residential development" means any development that
provides freestanding residential units. This category includes, but is not limited to
detached homes, such as single-family homes and detached condominiums
16101070 "Environmentally sensitive areas" means areas that include, but are not
limited to, all Clean Water Act 303(d) impaired water bodies ("303(d) listed water
bodies"), areas designated as an "Area of Special Biological Significance (ASBS)" by
the State Water Resources Control Board (Water Quality Control Plan for the San Diego
Basin (1994) and amendments); water bodies designated as having a RARE beneficial
use by the State Water Resources Control Board (Water Quality Control Plan for the
San Diego Basin (1994) and amendments), or areas designated as preserves or their
equivalent under the Multiple Species Conservation Program (MSCP) within the Cities
and County of San Diego The limits of Areas of Special Biological Significance are
those defined in the Water Quality Control Plan for the San Diego Basin (1994 and
amendments) Environmentally sensitive area is defined for the purposes of
implementing SUSMP requirements, and does not replace or supplement other
environmental resource-based terms, such as "Environmentally Sensitive Lands,"
employed by the City in its land development review processes
16101100 "Hydromodification" means the change In the natural hydrologic
processes and runoff characteristics (such as interception, infiltration, overland flow,
interflow and groundwater flow) caused by urbanization or other land use changes that
result in increased stream flows and changes in sediment transport. In addition,
alteration of stream and river channels, installation of dams and water impoundments,
and excessive stream bank and shoreline erosion are also considered
hydromodification, due to their disruption of natural watershed hydrologic processes
16101110 "Industrial development greater than one acre" means development of
industrial facilities that results in the disturbance of over one acre of land. Industrial
facilities include those defined at 40 CFR 122.26(b)(14), including those subject to the
General Industrial Permit or other individual NPDES permit, operating and closed
landfills, facilities subject to SARA Title III, and hazardous waste treatment, disposal,
storage and recovery facilities Examples of industrial facilities include manufacturing
plants, food processing plants, metal working facilities, printing plants, and fleet storage
areas (bus, truck, or other vehicles)
Renumber Section 16 101100 ("Infiltration") as 16 101 120
16101 130 Integrated Management Practice means a facility (BMP) that provides
small-scale treatment, retention, or detention and is integrated into site layout,
landscaping, and drainage design.
Ordinance No 671
Page 16
16101 140 "Low Impact Development (LID)" means a stormwater management and
land development strategy that emphasizes conservation and the use of on-site natural
features integrated with engineered, small-scale hydrologic controls to more closely
reflect pre-development hydrologic features.
Renumber Section 16 101 110 ("Maximum extent practicable") as 16 101 150
16101 160 "Natural drainage" means a natural swale or topographic depression that
gathers and/or conveys runoff to a permanent or intermittent watercourse or waterbody
Renumber Sections 16101120 ("New development") and 16101130 ("Parking lot")
as 16 101 170 and 16101180, respectively
16 101 190 "Projects discharging to receiving waters within environmentally sensitive
areas" means all development and significant redevelopment that (1) would create
2,500 square feet of impervious surfaces or increase the area of imperviousness of a
project site to 10 percent or more of its naturally occurring condition and (2) is located
within or directly adjacent to (where any portion of the project footprint is located within
200 feet of the environmentally sensitive area) an environmentally sensitive area (where
discharges from the development or redevelopment will enter receiving waters within
the environmentally sensitive area) or discharges to a receiving water within an
environmentally sensitive area without mixing with flows from adjacent lands (where the
project footprint is located more than 200 feet from the environmentally sensitive area)
Renumber Section 16 101 150 ("Project footprint") as 16 101.200
16.101.210 "Receiving waters" means surface bodies of water that directly or
indirectly receive discharges from urban runoff conveyance systems, including naturally
occurring wetlands, streams (perennial, intermittent, and ephemeral (exhibiting bed,
bank, and ordir:lary high water mark)), creeks, rivers, reservoirs, lakes, lagoons,
estuaries, harbors, bays and the Pacific Ocean. The Director of Development Services
shall determine the definition for wetlands and the limits thereof for the purposes of this
definition, provided this definition is as protective as the Federal definition utilized by the
United States Army Corps of Engineers and the United States Environmental Protection
Agency Constructed wetlands are not considered wetlands under this definition, unless
the wetlands were constructed as mitigation for habitat loss Other constructed BMPs
are not considered receiving waters under this definition, unless the BMP was originally
constructed in receiving waters. Construction of treatment control BMPs in receiving
waters is prohibited and therefore may not be used to satisfy SUSMP requirements.
Renumber Section 16 101 170 ("Residential development") as 16 101.220
Ordinance No 671
Page 17
16 101.230 "Residential development of 10 units or more" means any development
that provides 10 or more residential units. Residential units can be attached or
detached.
16101.240 "Restaurant" means a facility that sells prepared foods and drinks for
consumption, including stationary lunch counters and refreshment stands selling
prepared foods and drinks for immediate consumption (Standard Industrial
Classification code 5812) Restaurants where the land area for development is greater
than 5,000 square feet shall meet all SUSMP requirements. Restaurants where the
land development is less than 5,000 square feet shall meet all SUSMP requirements
except for the structural treatment BMP and numeric sizing criteria requirement and the
hydromodification requirement.
16 101.250 "Sediment" means soils or other surficial materials eroded and then
transported or deposited by the action of wind, water, ice, or gravity Sediments can
increase turbidity, clog fish gills, reduce spawning habitat, lower young aquatic
organism survival rates, smother bottom-dwelling organisms, and suppress aquatic
vegetation growth.
16101.260 "Significant redevelopment" means development that would create, add,
or replace at least 5,000 square feet of impervious surfaces on an already developed
site that falls under one or more priority development project categories. Significant
redevelopment includes, but is not limited to the expansion of a building footprint;
addition to or replacement of a structure, replacement of an impervious surface that is
not part of a routine maintenance activity; and land disturbing activities related with
structural or impervious surfaces. Replacement of impervious surfaces includes any
activity that is not part of a routine maintenance activity where impervious material(s)
are removed, exposing underlying soil during construction. Significant redevelopment
does not include trenching and resurfacing associated with utility work; resurfacing and
reconfiguring surface parking lots, new sidewalk construction, pedestrian ramps, or bike
lane on existing roads, and replacement of damaged pavement.
16 101.270 "Site design BMP", also known as a significant part of Low Impact
Development (LID), means any project design feature that reduces the amount of
impervious surfaces, disconnects impervious surfaces, reduces creation or severity of
potential pollutant sources, and/or reduces the alteration of the project site's natural flow
regime Redevelopment projects that are undertaken to remove pollutant sources (such
as existing surface parking lots and other impervious surfaces) or to reduce the need for
new roads and other impervious surfaces (as compared to conventional or low-density
new development) by incorporating higher densities and/or mixed land uses into the
project design are also considered site design BMPs
16 101.280 "Source control BMP (both structural and nonstructural)" means land use
or site planning practices or structures that aim to prevent urban runoff pollution by
Ordinance No 671
Page 18
reducing the potential for contamination at the source of pollution. Source control BMPs
minimize the contact between pollutants and urban runoff Examples include roof
structures over trash or material storage areas, and berms around fuel dispensing
areas
Renumber Section 16101.220 ("Stormwater best management practice (BMP)") as
16101.290.
16101 300 "Stormwater conveyance system" shall have the same meaning as set
forth in PMC Section 8 68 020
Renumber Sections 16101.240 ("Streets, roads, highways, and freeways") and
16101.250 ('Treatment control (structural) BMP") as 16101310 and 16.101320,
respectively
SECTION 33 Section 16 102 010 is amended as follows.
Limitations
Where requirements of this division conflict with established local codes, (e g.,
specific language of signage used on storm drain stenciling), the City Council may
continue the local practice and modify this division to be consistent with the code,
except to the extent that the standards in this division are more stringent than those
under local codes, such more stringent standards shall apply
SECTION 34 Section 16 102 020(D) is added as follows.
D City departments responsible for implementing this division and the respective
roles and responsibilities of these departments are identified in the City's Jurisdictional
Urban Runoff Management Plan.
SECTION 35 Section 16 102.030(A) is amended as follows.
A. All priority projects shall implement stormwater BMPs, including:
1 LID and site design BMPs,
2. Source control BMPs, and
3 Structural treatment BMPs after the pollutants and conditions of concern have
been identified.
SECTION 36 Section 16 102.030(B), first paragraph, is amended as follows.
B Stormwater BMPs shall be considered and implemented where expressly required
by this division and, if not so required, where determined applicable and feasible by the
Director of Development Services Additional information on BMPs is included in the
notes to Table 3 in this division. The stormwater BMPs shall adhere to the requirements
of this division, and shall be correctly designed, implemented, and maintained so as to
Ordinance No 671
Page 19
remove pollutants to the maximum extent practicable A flow chart summarizing the
stormwater BMP selection procedure is provided in Figure 1
SECTION 37 Section 16 102.040 is amended as follows
Site design stormwater treatment credits.
The Copermittees may develop and submit for public review and comment and
Regional Water Quality Control Board (RWQCB) approval a regional model site design
stormwater treatment credits program that allows reductions in the volume or flow of
stormwater that must be captured or treated on a project in return for the inclusion of
specified project design features in the project. The model site design stormwater
treatment credits program shall be deemed to be a part of this division following
RWQCB and City Council approval. Any such model program shall specify the
conditions under which project proponents can be credited for the use of site design
features and low impact development techniques that can reduce the volume of
stormwater runoff, preserve natural areas, and minimize the pollutant loads generated
and potentially discharged from the site. Any site design stormwater treatment credits
program implemented shall be consistent and compliant with this division and approved
by the City Council.
SECTION 38: Section 16 102.050 is added as follows.
Alternative methods for achieving treatment requirements
The City may choose to implement the Local Equivalent Area Drainage (LEAD)
Method, as proposed by the City of San Diego, to meet treatment BMP requirements.
Any alternative treatment must meet the following criteria:
A The alternative treatment area shall be located within the proximity of the project;
B The alternative treatment area shall discharge to the same receiving water as the
project;
C The alternative treatment area shall be equivalent to or greater than the project
footprint;
D The alternative treatment area shall have an equivalent or greater impervious
surface area than the project;
E. The alternative treatment area shall have an equivalent or greater pollutant load
than the project;
F Site design and source control BMPs shall be required in the project design, and
G Alternative treatments shall be limited to redevelopment or infill projects.
SECTION 39' Section 16 103020, first paragraph, is added as follows
Urban runoff from a developed site has the potential to contribute pollutants, including
oil and grease, suspended solids, metals, gasoline, pesticides, and pathogens, to the
stormwater conveyance system and receiving waters For the purposes of identifying
Ordinance No 671
Page 20
pollutants of concern and associated stormwater BMPs, pollutants are grouped in nine
general categories as follows
SECTION 40' Section 16 103 020(D) is amended as follows.
D Organic Compounds. Organic compounds are carbon-based Commercially
available or naturally occurring organic compounds are found in pesticides, solvents,
and hydrocarbons Organic compounds can, at certain concentrations, indirectly or
directly constitute a hazard to life or health. When rinsing off objects, toxic levels of
solvents and cleaning compounds can be discharged to storm drains. Dirt, grease, and
grime retained in the cleaning fluid or rinse water may also adsorb levels of organic
compounds that are harmful or hazardous to aquatic life
SECTION 41 Section 16 103 020(F) is amended as follows
F Oxygen Demanding Substances This category includes biodegradable organic
material as well as chemicals that react with dissolved oxygen in water to form other
compounds Proteins, carbohydrates, and fats are examples of biodegradable organic
compounds. Compounds such as ammonia and hydrogen sulfide are examples of
oxygen-demanding compounds The oxygen demand of a substance can lead to
depletion of dissolved oxygen in a water body and possibly the development of septic
conditions.
SECTION 42 Section 16 103 020(G) is amended as follows
G Oil and Grease Oil and grease are characterized as high-molecular weight
organic compounds. Primary sources of oil and grease are petroleum hydrocarbon
products, motor products from leaking vehicles, esters, oils, fats, waxes, and high
molecular-weight fatty acids. Introduction of these pollutants to water bodies is very
possible due to the wide uses and applications of some of these products in municipal,
residential, commercial, industrial, and construction areas. Elevated oil and grease
content can decrease the aesthetic value of the water body, as well as the water quality
Ordinance No 671
Page 21
SECTION 43 Section 16 103030, Table 1, is amended as follows.
Table 1 AnticiDated and Potential Pollutants Generaled by Land Use TYoe.
General Pollutant Cateoories
Priority Trash Oxygen Bacteria
Project Heavy Organic & Demanding Oil& &
Cateoories Sediments Nutrients Metals Comoounds Debris Substances Grease Viruses Pesticides
Detached
Residential X X X X X X X
Development
Attached
Residential X X X p(1) p(2) P X
Development
Commercial
Development p(1) p(1) p(2) X p(5) X p(3) p(51
>One Acre
Industrial
Development X X X X X X
>One Acre
Automotive X(4)(5)
Repair X X X
Restaurants X X X X
Hillside
Development X X X X X X
>5,000 It'
Parking Lots p(1) p(1) X X p(l) X p(1)
Retail X X X X X
Gasoline
Streets, p(S)
Highways & X p(1) X X(4) X X
Freeways
X = anticipated
P = potential
(1) A potential pollutant if landscaping exists on-site.
(2) A potential pollutant if the project includes uncovered parking areas.
(3) A potential pollutant if land use involves food or animal waste products.
(4) Including pelroleum hydrocarbons.
(5) Includina solvents.
Ordinance No 671
Page 22
SECTION 44 Section 16 103 040 is amended as follows.
Identifying pollutants of concern in receiving waters
A. Pollutants generated by the proposed priority project that exhibit one or more of the
following characteristics are considered primary pollutants of concern.
1 Current loadings or historical deposits of the pollutant are impairing the beneficial
uses of a receiving water;
2. Elevated levels of the pollutant are found in water or sediments of a receiving
water and/or have the potential to be toxic to or bioaccumulate in organisms therein,
and
3 Inputs of the pollutant are at a level high enough to be considered potentially
toxic.
B To identify primary pollutants of concern in receiving waters, each priority project
shall, at a minimum, do the following:
1 For each of the proposed project's discharge points, identify the receiving
water(s) that each discharge point proposes to discharge to, including hydrologic unit
basin number(s), as identified in the most recent version of the Water Quality Control
Plan for the San Diego Basin, prepared by the San Diego Regional Water Quality
Control Board.
2. Identify any receiving waters, into which the developed area would discharge,
listed on the most recent list of Clean Water Act Section 303(d) impaired water bodies.
List any and all pollutants for which the receiving waters are impaired.
3 Compare the list of pollutants for which the receiving waters are impaired with
the pollutants anticipated to be generated by the project (as identified in Table 1) Any
pollutants identified by Table 1 which are also causing impairment of receiving waters
shall be considered primary pollutants of concern.
C For projects where no primary pollutants of concern exist, those pollutants
identified through the use of Table 1 shall be considered secondary pollutants of
concern.
SECTION 45 Section 16 103050 is amended as follows.
Identifying conditions of concern in receiving waters.
A. Common impacts to the hydrologic regime ,resulting from development typically
include increased runoff volume and velocity; reduced infiltration, increased flow
frequency, duration, and peaks, faster time to reach peak flow; and water quality
degradation. These changes have the potential to permanently impact downstream
channels and habitat integrity A change to a priority project site's hydrologic regime
would be considered a condition of concern if the change would impact downstream
channels and habitat integrity Because of these potential impacts, the following steps
shall be followed by each priority project:
Ordinance No 671
Page 23
1 Evaluate the project's conditions of concern in a drainage study report prepared
by a registered Civil Engineer in the State of California with experience in fluvial
geomorphology and water resources management. The report shall consider the project
area's location (from the larger watershed perspective), topography, soil and vegetation
conditions, percent impervious area, natural and infrastructure drainage features, and
any other relevant hydrologic and environmental factors to be protected specific to the
project area's watershed
2. As part of the drainage study, a qualified, licensed professional shall provide a
report on proposed infiltration techniques (trenches, basins, dry wells, permeable
pavements with underground reservoir for infiltration) regarding any potential adverse
geotechnical concerns. Geotechnical conditions such as slope stability, expansive soils,
compressible soils, seepage, groundwater depth, and loss of foundation or pavement
subgrade strength should be addressed, and mitigation measures provided.
3 As part of the drainage study, the Civil Engineer shall conduct a field
reconnaissance to observe and report on downstream conditions, including undercutting
erosion, slope stability, vegetative stress (due to flooding, erosion, water quality
degradation, or loss of water supplies) and the area's susceptibility to erosion or habitat
alteration as a result of an altered flow regime.
4 The drainage study shall compute rainfall runoff characteristics from the project
area including, at a minimum, peak flow rate, flow velocity, runoff volume, time of
concentration, and retention volume These characteristics shall be developed for the
two-year and 10-year frequency, Type I storm, of six-hour or 24chour duration
(whichever is the closer approximation of the site's time of concentration), during critical
hydrologic conditions for soil and vegetative cover The drainage study shall report the
project's conditions of concern based on the hydrologic and downstream conditions
discussed above Where downstream conditions of concern have been identified, the
drainage study shall establish that preproject hydrologic conditions affecting
downstream conditions of concern would be maintained by the proposed project,
satisfactory to the Director of Development Services, by incorporating the site design,
source control, and treatment control requirements identified in this division.
B Priority Development Projects that disturb 50 acres or more are subject to the
City's Interim Hydromodification Criteria (IHC) There are two compliance options
curve-matching based on continuous simulation modeling, and implementation of LID
The curve-matching approach as described below is currently available for use by
Priority Development Projects within the City's jurisdiction The range of flows to be
managed under the curve-matching option is expressed as a percentage of the 5-year
peak flow (Q5) based on the understanding that dominant discharge for southern
California streams is in the vicinity of Q5 The LID implementation option may become
available later if design and sizing procedures are created and approved regionally If
LID design guidance is not approved during the period that the IHC are in place, the
curve-matching standard is the default compliance standard.
1 Curve-matching based on continuous simulation modeling Estimated post-
project runoff durations and flows shall not exceed pre-project durations and flows
where the increased flow rates and durations will result in increased potential for
erosion or other significant adverse impacts to beneficial uses attributable to changes in
Ordinance No 671
Page 24
the flow rates or durations The project proponent must use a continuous simulation
hydrologic computer model such as USEPA's Hydrograph Simulation Program-Fortran
(HSPF) to simulate pre-project and post-project runoff, including the effect of proposed
Integrated Management Practices (IMPs), detention basins, or other stormwater
management facilities. To use this method, the project proponent shall compare the pre-
project and post-project model output for a rainfall record of at least 30 years, and shall
show the following criteria are met:
a. For flow rates from 20% of the pre-project 5-year runoff event (0.2Q5) to the pre-
project 10-year runoff event (Q1 0), the post-project discharge rates and durations shall
not deviate above the pre-project rates and durations by more than 10% over more than
10% of the length of the flow duration curve
b For flow rates from 0.2Q5 to Q5, the post-project peak flows shall not exceed
pre-project peak flows For flow rates from Q5 to Q10, post-project peak flows may
exceed pre-project flows by up to 10% for a 1-year frequency interval. For example,
post-project flows could exceed pre-project flows by up to 10% for the interval from Q9
to Q10 or from Q5 5 to Q6 5, but not from Q8 to Q10
2. Implementation of LID IMPs The project proponent may implement LID IMPs to
manage hydrograph modification impacts using design procedures, criteria, and sizing
factors (ratios of LID IMP volume or area to tributary area) as specified by the City once
standard design procedures, criteria, and sizing factors are accepted by the City The
LID IMP designs and sizing factors shall be determined using continuous simulation of
runoff from a long-term rainfall record.
C Priority Development Projects disturbing 50 acres of more are exempt from the
above IHC when.
1 The project would discharge into channels that are concrete-lined or significantly
hardened (for example, with rip-rap, sackcrete, or a similar material) downstream to
their outfall in bays or the ocean;
2 The project would discharge into underground storm drains discharging directly
to bays or the ocean, or
3 The project would discharge to a channel where the watershed areas below the
project's discharge points are highly impervious (>70% impervious)
4 The applicant conducts an assessment incorporating sediment transport
modeling across the range of geomorphically significant flows that demonstrates to the
City Engineer's satisfaction that the project flows and sediment reductions will not
detrimentally affect the receiving water
SECTION 46 Section 16 104020 is amended as follows
Requirements to implement stormwater BMPs.
At a minimum, priority projects must implement LID site design BMPs and source
control BMPs, and must implement treatment control BMPs unless a waiver is granted
based on the infeasibility of all treatment control BMPs BMPs must achieve certain
performance standards set out in the Municipal Permit Section D 1 (d) (4 to 6)
Ordinance No 671
Page 25
Selection of BMPs from the menus included in this division, using the rules set out in
this division, must fulfill these requirements
SECTION 47 Section 16 104030 is amended as follows.
Selection of structural stormwater BMPs.
Using the treatment control BMP selection matrix, each priority project shall select a
structural treatment BMP by comparing the list of pollutants for which the downstream
receiving waters are impaired (if any), with the pollutants anticipated to be generated by
the project (as identified in Table 1) Any pollutants identified by Table 1 which are also
causing a Clean Water Act Section 303(d) impairment of the receiving waters of the
project shall be considered primary pollutants of concern Priority projects that are
anticipated to generate a primary pollutant of concern shall meet all applicable
requirements of establishing stormwater BMPs, and shall select a single or combination
of stormwater BMPs from Table 3 which maximizes pollutant removal for the particular
primary pollutant(s) of concern.
Alternatively, a project proponent may elect to implement a combination of LID BMPs
that either disperse and infiltrate, or direct to bioretention facilities, the flows from all
impervious areas on-site These BMPs are presumed to provide maximum extent
practicable treatment for all pollutants of concern, therefore, no further documentation of
the treatment BMP selection process is required.
SECTION 48' Section 16 104040 is amended as follows.
Structural storm water BMPs for projects not generating primary pollutants.
Priority projects that are not anticipated to generate a pollutant for which the receiving
water is Clean Water Act Section 303(d) impaired shall meet applicable standard
requirements of establishing stormwater BMPs, and shall select a single or combination
of stormwater BMPs from Table 3 which are effective for pollutant removal of the
identified secondary pollutants of concern, consistent with the "maximum extent
practicable" standard defined in Attachment C of the Municipal Permit.
SECTION 49' Section 16 104050 is amended as follows.
Structural stormwater BMPs for projects generating primary and secondary
pollutants.
A. Where a site generates both primary and secondary pollutants of concern, primary
pollutants of concern receive priority for BMP selection. For such sites, selected BMPs
must only maximize pollutant removal for the primary pollutants of concern.
B Where a site generates only secondary pollutants of concern, selected BMPs shall
target the secondary pollutant of concern determined to be most significant for the
project.
Ordinance No 671
Page 26
C Selected BMPs must be effective for the widest range of pollutants of concern
anticipated to be generated by a priority project (as identified in Table 1), consistent with
the maximum extent practicable standard defined in Attachment C of the Municipal
Permit.
SECTION 50' Section 16 104 060 is added as follows:
Efficiency standards for structural stormwater BMPs.
Treatment control BMPs with a high or medium pollutant removal efficiency for the
project's most significant pollutant of concern shall be selected. Treatment control BMPs
with a low removal efficiency ranking shall only be approved by the Director of
Development Services when a feasibility analysis has been conducted which exhibits
that implementations of treatment control BMPs with a high or medium removal
efficiency ranking are infeasible
SECTION 51 Section 16104060 (Alternative stormwater BMPs ) is
renumbered as section 16 104070
SECTION 52: Section 16, Table 2, is amended as follows.
Ordinance No 671
Page 27
Table 2. Site Deslqn and Source Control Stormwater BMP Selection Matrix.
LID and Source
Priority Project Site Desi?n Control
CateaoN BMPs() BMPs(2) Requirements Applicable to Individual Priority Project Categories(3)
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0::\9 0 :;; > 0 W 0.. 0:: LL I
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Detached
Residential R R R R R
Development
Attached
Residential R R R
Development
Commercial
Development> R R R R R R
One Acre
Industrial
Development> R R R R R R R
One Acre
Automotive R R R R R R R
Repair Shop
Restaurants R R R R
Hillside
Development R R R R
>5,000 ft2
Parking Lots R R R(4)
Retail Gasoline R R R R
Outlets
Streets,
Highways & R R R
Freeways
R = Required; select BMPs as required from the applicable steps in Chapter 16.105 or 16.106 PMC
(1) Refer to Chapter 16.105 PMC.
(2) Refer to Chapter 16.106 PMC
(3) Priority project categories must apply specific stormwater BMP requirements, where applicable. Projects are
subject to the requirements of all priority project categories that apply
(4) Applies if the paved area totals >5,000 square feet or with >15 parking spaces and potentially exposed to urban
runoff.
Ordinance No 671
Page 28
SECTION 53 Section 16, Table 3, is amended as follows.
Table 3 Treatment Control BMP Selection Matrix.
Pollutants of Bioretention Settling Wet Ponds Infiltration Media High-rate High-rate Trash
Concern Facilities Basins and Facilities or Filters biofilters media Racks &
(L10) (Dry Ponds) Wetlands Practices filters Hydro
(LID) -dynamic
Devices
Coarse High High High High High High High High
Sediment
and Trash
Pollutants High High High High High Medium Medium Low
that tend to
associate
with fine
particles
during
treatment
Pollutants Medium Low Medium High Low Low Low Low
that tend to
be dissolved
following
treatment
SECTION 54 Section 16 104 080 is added as follows.
Description of treatment control BMP categories.
All rankings of treatment control BMP pollutant removal efficiency in Table 3 are
relative Ranking of all facilities assumes proper sizing, design, and periodic
maintenance. Following are general descriptions of each treatment control BMP
category included in Table 3'
A. Bioretention facilities (infiltration planters, flow-through planters, bioretention areas,
and bioretention swales) Facilities are designed to capture runoff and infiltrate slowly
through soil media, which also supports vegetation. Bioretention facilities, except for
flow-through planters, effectively promote infiltration into native soils. In clay soils,
facilities may capture excess treated runoff in an underdrain piped to the municipal
storm drain system Typical criteria. an infiltration surface area at least four percent of
tributary impervious area, six inch average depth of top reservoir, 18-inch soil layer, 12-
inch to 18-inch gravel subsurface storage layer
B Settling basins and wetlands (extended detention basins, "wet" basins, decorative
or recreational lakes or water features also used for stormwater treatment, constructed
wetlands) Facilities are designed to capture a minimum water quality volume of 80% of
total runoff and detain for a minimum of 48 hours. Some wetland designs have proven
effective in removing nutrients, but performance varies.
C Infiltration Facilities or Practices (infiltration basins, infiltration trenches, dry wells,
dispersal of runoff to landscape, pervious pavements) These facilities and landscape
designs capture, retain, and infiltrate a minimum of 80% of runoff into the ground.
Ordinance No 671
Page 29
Infiltration facilities are generally only feasible in permeable (Hydrologic Soil Group A or
B) soils Volume and area of infiltration facilities depends on soil permeability and safety
factor used. Typical criteria: Infiltration facilities should have pretreatment to remove silt
to prolong life of the facility A 10-foot vertical separation from average seasonal
groundwater depth is required Dispersal to landscape may be accomplished in any soil
type and generally requires a maximum 2:1 ratio impervious. pervious and concave
topography to ensure the first 1 inch of rainfall is retained.
D Media Filters (sand filters) Filters designed to treat runoff produced by a rainfall of
0.2 inches per hour (or 2 x 85th percentile hourly rainfall intensity) by slow infiltration
through sand or other media. Typical criteria: Surface loading rate not to exceed 5
inches/hour Entire surface of the sand must be accessible for maintenance
E. High Rate Biofilters (tree wells, typically proprietary). Biofilters with specially
designed media to rapidly filter runoff while removing some pollutants Filterra@
(proprietary version) recommends surface loading rates of up to 100 inches/hour
F High-rate Media Filters (typically proprietary) Vaults with replaceable cartridge
filters filled with inorganic media.
G. Drainage Inserts have low effectiveness in removing pollutants that tend to
associate with fine particles and have medium effectiveness in removing coarse
sediment and trash. They are sometimes used to augment more effective treatment
facilities and are sometimes used alone when more effective facilities have been
deemed infeasible
SECTION 55 Section 16 104090 is added as follows
Description of pollutant of concern categories
In Table 3, Pollutants of Concern are grouped as gross pollutants, pollutants that tend
to associate with fine particles, and pollutants that remain dissolved. The different
pollutant categories that fall under these groups are presented in Table 4
Table 4 Pollutants and Associated Particle Sizes
Coarse Sediment and Pollutants that tend to Pollutants that tend to be
Pollutant Trash associate with fine dissolved'following
oarticles durina treatment treatment
Sediment X X
Nutrients X X
Heavv Metals X
Oraanic ComDounds X
Trash & Debris X
Oxvaen Demanding X
Bacteria X
Oil & Grease X
Pesticides X
Ordinance No 671
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SECTION 56 Chapter 16 105 is renamed as follows.
LOW IMPACT DEVELOPMENT (LID) AND SITE DESIGN BMPS
SECTION 57 Section 16 105010 is amended as follows.
Low impact development (LID) and site design BMPs - Objectives.
A. Priority projects shall be designed so as to minimize directly connected impervious
surfaces and to promote infiltration using LID techniques Priority projects shall, to the
maximum extent practicable, minimize the introduction of pollutants and conditions of
concern that may result in significant impacts generated from site runoff to the
stormwater conveyance system. Priority projects shall also control post-development
peak stormwater runoff discharge rates and velocities to maintain or reduce pre-
development downstream erosion and to protect stream habitat Although not
mandatory, priority projects can address these objectives through the creation of a
hydrologically functional project design that attempts to mimic the natural hydrologic
regime Many of these techniques are outlined and reviewed in the County of San
Diego's LID Handbook and Appendices. Mimicking a site's natural hydrologic regime
can be pursued by'
1 Reducing imperviousness, conserving natural resources and areas, maintaining
and using natural drainage courses in the stormwater conveyance system, and
minimizing clearing and grading.
2. Providing runoff storage measures dispersed uniformly throughout a site's
landscape with the use of bioretention facilities and detention, retention, and infiltration
practices.
3 Implementing on-lot hydrologically functional landscape design and management
practices.
B LID design principles and site design BMPs shall offer an innovative approach to
urban stormwater management, one that does not rely on the conventional end-of-pipe
or in-the-pipe structural methods but instead uniformly or strategically integrates
storm water controls throughout the urban landscape Useful resources for applying
these principles include the County of San Diego's LID Handbook (2007), Start at the
Source (1999), Low-Impact Development Design Strategies (1999), the City of
Portland's Stormwater Manual (2004), and the Contra Costa Clean Water Program's
Storm water C 3 Guidebook (2006)
SECTION 58' Section 16 105020 is amended as follows
Maintaining predevelopment rainfall runoff characteristics.
A. Priority projects shall control post-development peak stormwater runoff discharge
rates and velocities to maintain or reduce predevelopment downstream erosion. In
addition, projects should control runoff discharge volumes and durations to the
Ordinance No 671
Page 31
maximum extent practicable using the site design, source control, and treatment control
requirements.
B Design Concept 1 - Minimize Project's Impervious Footprint and Conserve Natural
Areas The following site design options shall be considered, and incorporated and
implemented where determined applicable and feasible by the Director of Development
Services, during the site planning and approval process, consistent with applicable
General Plan policies and other development regulations.
1 Minimize and disconnect impervious footprint. Decreasing the project's footprint
can substantially reduce the project's impacts to water quality and hydrologic conditions.
2. Conserve natural areas, soils, and vegetation where feasible This can be
achieved by concentrating or clustering development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural, undisturbed
condition. The following list provides a guideline for determining the least sensitive
portions of the site, in order of increasing sensitivity Within each of the following
categories, areas containing hillsides should be considered more sensitive than the
same category without hillsides, References should also be made to the Poway subarea
conservation plan, as appropriate
a. Areas devoid of vegetation, including previously graded areas and agricultural
fields.
b Areas of non-native vegetation, disturbed habitats and eucalyptus woodlands.
c. Areas of chamise or mixed chaparral, and non-native grasslands.
d Areas containing coastal scrub communities
e All other upland communities.
f Occupied habitat of sensitive species and all wetlands
g. All areas necessary to maintain the viability of wildlife corridors.
3 Construct walkways, trails, patios, overflow parking lots and alleys, and other
low-traffic areas with permeable surfaces, such as pervious concrete, permeable
asphalt, unit pavers, and, granular materials
4 Construct streets, sidewalks and parking lot aisles to the minimum widths
necessary, provided that public safety and a walkable environment for pedestrians are
not compromised
5 Maximize canopy interception and water conservation by preserving existing
native trees and shrubs, and planting additional native or drought tolerant trees and
large shrubs.
6 Minimize the use of impervious surfaces, such as decorative concrete, in the
landscape design.
7 Use natural drainage systems to the maximum extent practicable
8 Minimize soil compaction.
9 Other site design options that are comparable, and equally effective
C Design Concept 2 - Minimize Directly Connected Impervious Areas (DCIAs)
Priority projects shall consider, and incorporate and implement where determined
applicable and feasible by the Director of Development Services, the following design
characteristics
1 Where landscaping is proposed, drain rooftops into adjacent landscaping prior to
discharging to the storm drain.
Ordinance No. 671
Page 32
2. Where landscaping is proposed, drain impervious sidewalks, walkways, trails,
and patios into adjacent landscaping.
3 Other design characteristics that are comparable and equally effective
SECTION 59' Section 16 105030 is amended as follows
Protection of slopes and channels.
Project plans shall include stormwater BMPs to decrease the potential for erosion of
slopes and/or channels, consistent with local codes and ordinances, and with the
approval of all agencies with jurisdiction, e g., the U S Army Corps of Engineers, the
San Diego Regional Water Quality Control Board, and the California Department of Fish
and Game. The following design principles shall be considered, and incorporated and
implemented where determined applicable and feasible by the Director of Development
Services.
A. Minimize disturbances to natural drainages.
B Convey runoff safely from the tops of slopes.
C Vegetate slopes with native or drought tolerant vegetation.
D Control and treat flows in landscaping and/or other controls prior to reaching
existing natural drainage systems.
E. Stabilize permanent channel crossings
F Install energy dissipaters, such as riprap, at the outlets of new storm drains,
culverts, conduits, or channels that enter unlined channels in accordance with
applicable specifications to minimize erosion. Energy dissipaters shall be installed in
such a way as to minimize impacts to receiving waters.
G Other design principles that are comparable and equally effective
SECTION 60' Section 16 106040, first paragraph, is amended as follows.
Priority projects shall design the timing and application methods of irrigation water to
minimize the runoff of excess irrigation water into the stormwater conveyance system
(limited exclusion. detached residential homes) In compliance with the Water
Conservation in Landscaping Act, the following methods to reduce excessive irrigation
runoff shall be considered, and incorporated and implemented where determined
applicable and feasible by the Director of Development Services
SECTION 61 Section 16 106050 is retitledas follows.
Incorporating requirements applicable to individual priority project categories.
SECTION 62: Section 16 106 050(G)(3) is amended as follows
3 Be properly connected to a sanitary sewer;
Ordinance No 671
Page 33
SECTION 63 Section 16 106 050(J), first sentence, is amended as follows.
J Fueling Area. Fuel dispensing areas shall contain the following:
SECTION 64 Section 16 106 060 is added as follows.
Minimizing stormwater pollutants of concern in urban runoff
Priority projects shall incorporate other source control BMPs as necessary to
minimize stormwater pollutants of concern in urban runoff to the maximum extent
practicable
SECTION 65 Section 16 107 01 O(B) is amended as follows.
B In meeting the requirements in this section, priority projects shall implement a
single BMP or combination of stormwater BMPs that will remove anticipated pollutants
of concern, as identified by the procedure of this division, in site runoff to the maximum
extent practicable Treatment control BMPs with a high or medium pollutant removal
efficiency for the project's most significant pollutant of concern shall be selected
Treatment control BMPs with a low removal efficiency ranking shall only be approved by
the City when a feasibility analysis has been conducted that exhibits that
implementation of treatment control BMPs with a high or medium removal efficiency
ranking are infeasible Treatment control BMPs must be implemented unless a waiver is
granted to the project by the Director of Development Services based on the infeasibility
of any treatment control BMP
SECTION 66 Section 16 108 020(A) is amended as follows.
A. Public Entity Maintenance The City Council may approve a public or acceptable
quasi-public entity (for example, the County Flood Control District, or annex to an
existing assessment district, an existing utility district, a State or Federal resource
agency, or a conservation conservancy) to assume responsibility for maintenance,
repair and replacement of the BMP Unless acceptable to the City Council, public entity
maintenance agreements shall ensure estimated costs are front-funded or reliably
guaranteed (for example, through a trust fund, assessment district fees, bond, letter of
credit or similar means) In addition, the City Council may seek protection from liability
by appropriate releases and indemnities The City Council shall have the authority to
approve stormwater BMPs proposed for transfer to any other public entity within its
jurisdiction before installation. The City Council shall be involved in the negotiation of
maintenance requirements with any other public entities accepting maintenance
responsibilities within their respective jurisdictions, and in negotiations with the resource
agencies responsible for issuing permits for the construction and/or maintenance of the
facilities The City Council must be identified as a third party beneficiary empowered to
enforce any such maintenance agreement within their respective jurisdictions
Ordinance No 671
Page 34
SECTION 67 Section 16 108 030(F) is added as follows
F The party responsible for the structural BMP maintenance shall provide to the City
annual written verification of effective operation and maintenance of each approved
treatment control BMP
SECTION 68' Section 16 108 040(A), first sentence, is amended as follows.
A copy of an operation and maintenance (O&M) plan, prepared by the project
proponent and satisfactory to the Director of Development Services, shall be attached to
the approved maintenance agreement, which describes the designated responsible
party to manage the stormwater BMP(s), employee's training program and duties,
operating schedule, maintenance frequency, routine service schedule, specific
maintenance activities, copies of resource agency permits, and any other necessary
activities.
SECTION 69' This Ordinance shall be codified
EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30)
days after the date of its passage, and before the expiration of fifteen (15) days after its
passage, it shall be published once with the names of members voting for and against
the same in the Po way News Chieftain, a newspaper of general circulation published in
the City of Poway
Introduced and first read at a Regular Meeting of the City Council of the City of
Poway held the 5th day of February, 2008, and thereafter PASSED AND ADOPTED at
a regular meeting of said City Council held the 4th day of March, 2008, by the following
roll call vote.
Michael P C
ATTEST
X)n~~
L. Dian'e Shea, City Clerk
Ordinance No 671
Page 35
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Ordinance No 671 was duly adopted by the City Council at
a meeting of said City Council on the 4th day of March 2008, and that it was so adopted
by the following vote
AYES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES NONE
ABSENT NONE
DISQUALIFIED NONE ~Jh~ ~
L. Diane Shea, City Clerk
City of Poway