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Ord 712ORDINANCE NO. 712 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING SECTION 16.103.050 OF THE POWAY MUNICIPAL CODE REGARDING HYDROMODIFICATION MANAGEMENT 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 other Copermittees responsible for the implementation of a Countywide Stormwater Management Program; and WHEREAS, on January 24, 2007, the SDRWQCB issued Order 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 develop and implement a Hydromodification Management Plan; and WHEREAS, the Hydromodification Management Plan is intended to manage increases in runoff discharge rates and durations from all Priority Development Projects to protect the environment; WHEREAS, as Title 16, Division VI of the Poway Municipal Code has been updated to comply with Permit Order No. 2007 -0001. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: Section 1 : The City Council finds that 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 16.103.050, entitled "Identifying conditions of concern in receiving waters" is amended to read as follows: 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: 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. Ordinance No. 712 Page 2 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 24 -hour 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 pre - project 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 are subject to the City's Hydromodification Management Plan (HMP) as incorporated in the Poway Local SUSMP. The HMP shall demonstrate how priority projects will manage increases in runoff discharge rates and durations where such increased rates and durations are likely to cause increased erosion of channel beds and banks, sediment pollutant generation, or other impacts to beneficial uses and stream habitat due to increased erosive force. Projects will be required to utilize a continuous hydrological simulation and the results of a hydromodification management analysis must adhere to the following criteria: Ordinance No. 712 Page 3 1. For flow rates between the pre - project lower flow threshold and the pre - project 10 -year runoff event, the post - project discharge rates and durations may not deviate above the pre - project discharge rates and durations by more than 10 percent over more than 10 percent of the length of the flow duration curve. 2. Lower flow thresholds may be determined using the tools provided in the local SUSMP along with a critical flow calculator and channel screening tools developed by the Southern California Coastal Water Research Project ( SCCWRP). These methods identify lower flow thresholds for a range of channel conditions. The critical flow calculator recommends a lower flow value of 0.1Q2, 0.302 or 0.5Q2 dependent on the receiving channel material and dimensions, where Q2 is defined as the 2 -year runoff event. This value will be compared to channel susceptibility rating (High, Medium or Low) as determined from the most recent SCCWRP screening tools to determine the final lower flow threshold. 3. The lower flow threshold may alternately be determined as 10 percent of the pre - project 2 -year runoff event or 0.1Q2. This approach is available if the project applicant chooses not to complete the channel screening analysis. C. Priority Development Projects are required to implement hydromodification mitigation measures so that post - project runoff flow rates and durations do not exceed pre - project flow rates and durations. Hydromodification mitigation can be provided as follows: 1. Demonstrate no post - project increase in impervious area and resultant peak flow rates as compared to pre - project conditions. 2. Installation of LID BMPs such as bioretention facilities to control runoff flows and durations from new impervious areas. 3. Mitigation of flow and durations through implementation of extended detention flow duration control basins. 4. Preparation of continuous simulation hydrologic models and comparison of the pre - project and mitigated post - project runoff peaks and durations (with hydromodification flow controls) until compliance is achieved. 5. Implementation of in- stream rehabilitation controls to demonstrate that projected increases in runoff peaks and /or durations would not accelerate erosion to the rehabilitated receiving stream reach. D. Priority development projects shall be exempt from the HMP criteria under the following conditions. Ordinance No. 712 Page 4 1. If the proposed project does not increase the impervious area or peak flows to any discharge location. 2. If the proposed project discharges runoff directly to an exempt receiving water such as the Pacific Ocean, an exempt river reach, an exempt reservoir, or a tidally influenced area. 3. If the proposed project discharges to a stabilized conveyance system that extends to the Pacific Ocean, a tidally influenced area, an exempt river reach or reservoir. 4. If the contributing watershed area to which the project discharges has an impervious area percentage greater than 70 percent. 5. If an urban infill project discharges to an existing hardened or rehabilitated conveyance system that extends beyond the "domain of analysis ", the potential for cumulative impacts in the watershed are low, and the ultimate receiving channel has a low susceptibility to erosion as defined in the SCCWRP channel assessment tool. E. LID facilities must be designed to be practically built and maintained within the urban environment. Projects are encouraged to use LID design approaches to provide both treatment for the 85th percentile water quality event as well as flow control to meet hydromodification criteria. To assure compliance with hydromodification flow control requirements, design criteria, specifications, and long -term operations and maintenance requirements have been provided in the local SUSMP for a variety of LID -based flow control methods including bioretention basins, flow - through planter boxes, and bioretention systems in combination with cisterns and vaults. Sizing factor development shall include the use of continuous simulation of runoff from the long -term rainfall record. F. Proof of a long -term maintenance responsibility and mechanism will be required for all post- construction BMP and flow control facilities. If not properly designed or maintained, hydromodification flow control devices may create a habitat for vectors such as mosquitoes or rodents. Maintenance activities for flow control and LID devices shall be specified in the proposed Project Submittal. G. The local SUSMP outlines the monitoring program to assess the effectiveness of hydromodification management facilities. Monitoring activities will include inflow and outflow monitoring from BMPs, baseline cross section monitoring, and flow -based sediment monitoring. Section 3 : This Ordinance shall be codified. Ordinance No. 712 Page 5 EFFECTIVE DATE: This Ordinance shall take effect and be in force on January 14, 2011; 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 Poway 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 16th day of November 2010, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 7th day of December 2010. Don Higginson, Mayor ATTEST: Ordinance No. 712 Page 6 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. 712, was duly adopted by the City Council at a meeting of said City Council held on the 7th day of December 2010, and that it was so adopted by the following vote: AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON NOES: NONE ABSTAIN: NONE DISQUALIFIED: NONE �. Troyan, MMC, City Poway