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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. Ordinance No. 702 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 Page 3 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. Ordinance No. 702 Page 4 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 Ordinance No. 702 Page 5 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 Page 6 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. Ordinance No. 702 Page 7 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: �r,� r a�, w� a,ua s�vmR PNCedure r�ow cr�en PmJad recNired ta Imqement Low impact • Development ' • Salce Canirol BMPa MQ • BMps tor trldMfdual Cahpories • TfeaEneMCaliVd �� {Of 1. IderrtHy 2. IdendTy Pdlutants � w«ae me am�ea � Pa�uterds irom & Conditbns of ��*^Q1' �� �� 3 � p� Concem In �� � p� RecaMng Wetera �„� {SecSon Vi.1�) (Sec4on Vl.t.h) OR Low impact . Dev¢lopment . $qlcp YFS � gMP! �6 Ir�� Cete9orbs . Tre84n0�R � O .. CoMtdBA�afor PrirnRy� Pdkrtetu cp 0. of G«�em ('fabb (D 7 3) Cp � O � Z O v O N 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