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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of the Municipal Code to make other minor updates, such as the correction of typographic errors and the elimination of outdated references.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 Ordinance No 671 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 Ordinance No 671 Page 4 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 Ordinance No 671 Page 5 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, Ordinance No 671 Page 6 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 Ordinance No 671 Page 7 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 Ordinance No 671 Page 8 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 Ordinance No 671 Page 9 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 Ordinance No 671 Page 10 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, Ordinance No 671 Page 11 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 Ordinance No 671 Page 12 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 Ordinance No 671 Page 13 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 Ordinance No 671 Page 14 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) '" "" '" " '" '" ~ '" >- " {J) '" '" {J) ~ " '" '" e e " >- " .;;; .c '6. ~ m > m '" '" Ll '" 'C C> ro .c " ~ '" '" '" '0 0<:: " '" Ll m m '0 0 m -~ '" Ll '" 0: c " " e 0 m ~ '" e S ~ '" ~ m 0:: :';:::('0 " m " >- -' ell. ~ e " 0 E {J) '" {J) " " "- " 13 0 e " .~ '0 10 :!21J) -'" C Cl. '0 > '" Q) u .c '0 '5 ~ '" Qi ~ 0: " " 0 'm " :5 0- n; 0 " 0::\9 0 :;; > 0 W 0.. 0:: LL I m Ll <.5 '0 Q) - {J) .c .- .~ -"" 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 Page 30 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