Ord 702 ORDINANCE NO. 702
AN ORDWANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING TITLE 16, DIVISION VI OF THE POWAY MUNICIPAL CODE BY
AMENDING CHAPTERS 16.100, 16.101, 16.102, AND 16.103;
REPEALING CHAPTERS 16.104 THROUGH 16.107; AND
RENUMBERING CHAPTERS 16.108 AND 16.109, ALL REGARDING
THE 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, on January 24, 2007, the SDRWQCB issued Orde� No. 2007-
0001, which revised the requirements of the 2001 Permit; and
WHEREAS, Order No. 2007-0001 requires all Copermittees, including the City
of Poway, to update their Standard Urban Stormwater Mitigation Plan (SUSMP) for
Priority Development Projects; and
WHEREAS, the purpose of this Ordinance is to update the City of Poway's
SUSMP pursuant to the.requirements of Order No. 2007-0001; and
WHEREAS, as a part of the update to the City of Poway's SUSMP, a detailed
set of guidelines entitled the "City of Poway Local SUSMP" has been created, which
is incorporated by reference into the Poway Municipal Code by this Ordinance.
NOW, THEREFORE, TNE CITY COUNCIL OF THE GTY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1: The City Council finds that this Ordinance is exempt from the
requirements of the California Environmentai 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 16.100.040, entitled "Applicability of division" is amended to
read as follows:
A. The regulations set forth in this chapter shall apply to the development plan
approval process for discretionary development applications, and prior to
issuing development permits for ministerial projects.
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Page 2
B. To allow flexibility in meeting the design standards set forth in this division,
structural treatment control best management practices (BMPs) may be
located on- or off-site, used singly or in combination, or shared by multiple
developments, provided certain conditions are met.
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, falis into
a priority project category, the entire project footprint is subject to the require-
ments of this division. These categories are:
1. Residential development of 10 units or more;
2. Commercial development greater than one acre;
3. Industrial development greater than one 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 lots with 5,000 square feet or more of impervious surface, or
with greater than 15 parking spaces, that are potentially exposed to
urban runoff;
9. Streets, roads, driveways, 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.
11. Pollutant generating development project that is one acre or more of
disturbance. Pollutant generating development projects are those
projects that generate pollutants at levels greater than background
levels.
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 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 apply to the entire development.
Section 3: Chapter 16.101, entitled "Definitions" is amended to read as follows:
Section 16.101.010 City of Poway Local SUSMP
"City of Poway Local SUSMP" means the most recent guidelines concerning the
Standard Urban Stormwater Mitigation Plan Requirements for Development
Ordinance No. 702
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Applications, as adopted by the City Council by resolution, which is incorporated by
reference into this Division.
16.101.020 Commercial development.
"Commercial developmenY' means any development on private land that is not
exclusively heavy industrial or residential uses. The category includes, but is not
limited to: mini-malls and othe� business complexes, shopping malls, hotels, office
buildings, public warehouses, hospitals, laboratories and other medical facilities,
educational institutions, recreational facilities, plant nurseries, car wash facilities,
automotive dealerships, commercial ai�elds, and other light industrial complexes.
16.101.030 Commercial development greater than one acre.
°Commercial development greater than one acre" means any commercial
development that results in the disturbance of one acre or more of land.
16.101.040 Environmentally sensitive areas.
"Envi�onmentalty 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 their land development review processes.
16.101.050 Hillside.
"Hillside" means lands that have a natural gradient of 25 percent (four feet of
horizontal distance fo� every one foot of vertical distance) or greater and a minimum
elevation differential of 50 feet, or a natural gradient of 200 percent (one foot of hori-
zontal distance for every two feet of vertical distance) or greater and a minimum
elevation differential of 10 feet.
16.101.060 Hillside development greater than 5,000 square feet.
"Hillside development greater than 5,000 square feeY' means any development
that would create more than 5,000 square feet of impervious surfaces in hillsides with
known erosive soil conditions.
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16.101.070 Industrial development greater than one acre.
"Industriai development greaYer 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 indiyidual 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).
16.101.080 Low impact development (LID).
"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 predevelopment hydrologic features.
16.101.090 Maximum extent practicable (MEP).
"Maximum extent practicable (MEP)" means the technology-based standard
established by Congress in the Clean Water Act Section 402(p)(3)(B)(iii) that
municipal dischargers of urban runoff must meet. MEP generally emphasizes
pollution prevention and source control BMPs primarily (as the first line of defense) in
combination with treatment methods serving as a backup (additional lines of
defense).
16.101.100 New development.
"New development" means land disturbing activities; structural development,
including construction or installation of a building or structure; the creation of
impervious surfaces; and land subdivision.
T6.101.170 Parking lot.
"Parking IoY' means land area or facility for the temporary parking or storage of
motor vehicles used personally, or for business or commerce.
16.101.120 Projects discharging to receiving waters within environmentally
sensitive areas.
"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
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from adjacent lands (where the project footprint is located more than 200 feet from
the environmentally sensitive area).
16.101.130 Project footprint.
"Project footprinY' means the limits of all grading and ground disturbance,
including landscaping, associated with a project.
16.101.140 Receiving waters.
''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 ordinary 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.
16.101.150 Residentiaf development.
"Residential developmenY' means any development on private land that
provides living accommodations for one or more persons, This category includes, but
is not limited to: single-family homes, multifamily homes, condominiums, and apart-
ments.
16.101.160 Residential development of 10 units or more.
"Residential development of 10 units or more" means any development that
provides 10 or more residential units. Residential units can be attached or detached.
16.101.170 Restaurant.
"RestauranY' means a facility that sells prepared foods and drinks fo�
consumption, including stationary lunch counters and refreshment stands selliny
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.
16.101.180 Significant redevelopment.
"Significant redevelopmenY' means development that would create, add, or
replace at least 5,000 square feet of impervious surtaces on an already developed
Ordinance No. 702
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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.
16.101.190 Site design BMP.
"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.
16.101.200 Source control BMP (both structural and nonstructural).
"Source control BMP (both structural and nonstructural)" means land use or
site planning practices or structures that aim to prevent urban runoff pollution by
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.
16.101.210 Stormwater best management practice (BMP).
"Stormwater best management practice (BMP)" means any schedule of
activities, prohibitions of practices, general good housekeeping practices, pollution
prevention and educationai practices, maintenance procedures, structural treatment
BMPs, and other management practices to prevent or reduce to the maximum extent
practicable the discharge of pollutants directly or indirectly to receiving waters. It is
any procedure or device designed to minimize the quantity of pollutants that enterthe
storm drain system. Stormwater BMPs also include treatment requirements,
operating procedures and practices to control site runoff, spillage or leaks, sludge or
waste disposal, or drainage from raw material storage. This SUSMP groups
stormwater BMPs into the following categories: site design, source cont�ol, and
treatment control (pollutant removal) BMPs.
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16.101.220 Stormwater comeyance system.
"Stormwater conveyance system" shall have the same meaning as set forth in
PMC 8.68.020.
16.101.230 Streets, roads, highways, and freeways.
"Streets, roads, highways, and freeways" means any project that is not part of
a routine maintenance aciivity, and would create a new paved surface that is 5,000
square feet or greater used for the transportation of automobiles, trucks, motorcycles
and othervehicles. This category includes commercial and residential driveways. For
the purposes of SUSMP requirements, streets, roads, highways and freeways do not
include trenching and resurfacing associated with utility work; applying asphalt over-
lay to existing pavement; new sidewalk, pedestrian ramps, or bike lane construction
on existing roads; and replacement of damaged pavement.
16.101.240 Treatment control (structural) BMP.
"Treatment control (structural) 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 adsorption or any other physical, biological, or chemical process.
Section 4; Section 16.102.030 entitled "Implementation" is amended to read as
follows:
Implementation.
A, All priority projects shall implement stormwater BMPs according to the
provisions of the City of Poway Local SUSMP, 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.
B. Stormwater BMPs shali 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. The stormwater BMPs
shall adhere to the requirements of this division and the City of Poway Local
SUSMP, and shall be correctly designed, implemented, and maintained so as
to remove pollutants to the maximum extent practicable. A flow chart
summarizing the stormwater BMP selection procedure is provided in Figure 1.
Section 5: Section 16.102.050 entitled, "Alternative methods for achieving treatment
requi�ements" is amended to read as follows:
Ordinance No. 702
Page 8
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. LID and source control BMPs shall be required in the project design; and
G. Alternative treatments shall be limited to redevelopment or infill projects.
Section 5: Figure 1 to Chapter 16.102 is amended to read as follows:
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Ordinance No. 702
Page 10
Section 6: The Title of Chapter 16.103 is amended to read "City of Poway Local
SUSMP".
Section 7: The Titie of Section 16.103.010 is amended to read "Compliance with
City of Poway Local SUSMP", and Section 16.103.010 is amended to read as follows:
"All Priority Development projects, as defined by Section 16.100.040, shall comply
with the provisions of the City of Poway Local SUSMP, as adopted by the City
Council by resolution, and incorporated by reference into this Division. Compliance
with the City of Poway Local SUSMP includes, but is not limited to:
A. Identifying pollutants and conditions of concern.
B. Establishing stormwater BMPs.
C. LID and Site Design BMPs including LID Integrated Management Practices.
D. Source Control BMPs.
E. Treatment Control BMPs.
F. Hydromodification
G. Operations and Maintenance of Stormwater Facilities."
Section 8: Chapter 16.104, entitled "Establishment of Stormwater BMP's is hereby
repealed.
Section 9: Chapter 16.105, entitled "Low Impact Development (LID) and Site
Design BMP's" is hereby repealed.
Section 10: Chapter 16.106, entitied "Source Contro! BMP's" is hereby repealed.
Section 11: Chapter 16.107, entitled 'Tteatment Control BMP's" is hereby repealed.
Section 12: Chapter 16.108, entitled "Providing Proof of Ongoing BMP
Maintenance" is hereby renumbered to Chapter 16.104.
Section 13: Chapter 16.109, entitled "Waiver of Structural Treatment BMP
Requirements" is hereby renumbered to Chapter 16.105.
Section 14 : 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 inembers voting for and
against the same in the Poway News Chieftain, a newspaper of general circulation
published in the City of Poway.
Ordinance No. 702
Page 11
Introducetl and first read at a Regular Meeting of the City Council of the City of
Poway held the 2nd day of February 2010, and thereafter PASSED AND ADOPTED
at a regular meeting of said City Council held the 16th day of February 2010.
�tll�--
Don Higginson, Mayor
ATTEST:
Li A. T yan, MMC, City Cl rk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify that the
foregoing Ordinance No. 702, was duly adopted by the City Council at a meeting of
said City Council held on the 16th day of February 2010, and that it was so adopted
by the following vote:
AYES: BOYACK, CUNNINGHHM, KRUSE, HIGUINSOIV
NOES: NONE
ABSENT: REXFURD
DISQUALIFIED: NONE
G�i��'
ind A. Troyan, MMC, City Clerk
Cit of Poway