Ord 553ORDINANCE NO. 553
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
AMENDING TITLE 16, DIVISION III, OF THE POWAY MUNICIPAL CODE
BY THE AMENDING AND ADDITION OF CERTAIN SECTIONS
PERTAINING TO EROSION AND DRAINAGE
WHEREAS, the City Council desires to amend the City of Poway's Ordinance to
reflect requirements of stormwater discharge programs; and
WHEREAS, the City Council finds that this amendment is consistent with the
General Plan; and
WHEREAS, it is the intent of this Ordinance and Title 16, Division III, of the
Poway Municipal Code to provide erosion control and proper drainage; and
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
The following Sections of Title 16 of the Poway Municipal Code are amended to
read as follows:
Chapter 16.41.310 Erosion control plan.
An "erosion control plan" is a plan prepared under the direction of and signed by
a Civil Engineer competent in the preparation of such plans and knowledgeable
about current erosion control methods. The plan shall provide for protection of
exposed soils, prevention of discharge of sediment, and desiltation of runoff at
frequent intervals along flowage areas, at entrances to storm drains, at entrances
to streets and driveways, and at the exit of the area being graded.
Chapter 16.41.590 Rainy season.
"Rainy season" means the period beginning October 1st and ending April 30th in
the next calendar year.
Chapter 16.44.050 Responsibility of permittee- Protection of adiacent property.
A. Notwithstanding the minimum standards set forth in this division, the
permittee is responsible for the prevention of damage to adjacent property, and
no person shall excavate on land so close to the property line as to endanger any
adjoining public street, sidewalk, alley, or any other public or private property
without supporting and protecting such property from settling, cracking or other
damage which might result.
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Page 2
B. For all public watemourses, the applicant shall grant or cause to be
granted, at the City Engineer's discretion, to the City, a drainage easement in
accordance with the requirements of the City Engineer prior to the issuance of
the grading permit.
C. For all private watercourses, including brow ditches, where the
continuous functioning of the drainageway is essential to the protection and use
of multiple properties, a covenant, a maintenance agreement and/or deed
restriction shall be recorded by the applicant, placing the responsibility for the
maintenance of the drainageway(s) on the owners of record of each respective
lot affected. Permanent off-site drainage or flowage easements, as required by
the City Engineer, shall be acquired by the applicant. Such easements shall be
subject to approval by the City Engineer and recorded prior to issuance of the
grading permit.
D. No man-made dams, ponds, diversions, flow decelerators or excessive
vegetation shall be placed, allowed to be placed, or allowed to grow within the
property without suitable provisions, as approved by the City Engineer, for
maintenance. Erosion or siltation as a result of these features shall be the sole
responsibility of the property owner.
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. 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. This includes the right to
discharge, within natural basins, runoff due to decrease of permeability of the
property from grading operations, landscaping, and the construction of
improvements and to discharge a reasonable silt load in this runoff comparable
to the historic, predevelopment condition.
Chapter 16.44.060 Safety precautions.
A. 1. If, at any stage of work, the City Engineer determines that
authorized grading is likely to endanger any public or private property or result in
the deposition of debris on any public way or interfere with any existing drainage
course, the City Engineer may specify and require reasonable safety precautions
to avoid the danger. The permittee may be responsible for removing excess soil
and debris deposited upon adjacent and downstream public or private property
resulting from his grading operations. Soil and debris shall be removed and
damage to adjacent and downstream property repaired as directed by the City
Engineer. Erosion and siltation control shall require temporary or permanent
siltation basins, energy dissipators, or other measures as field conditions
warrant, whether or not such measures are a part of approved plans. Cost
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Page 3
associated with any work outlined in this section shall be incurred by the
permittee.
2. No off-site work will be required when, in the opinion of the City
Engineer, the permittee has properly implemented and maintained erosion
control measures and the deposition of soil and debris or erosion on adjacent
properties is the direct or indirect result of actions of the downstream property
owner.
B. During grading operations, the contractor and owner shall take all
necessary measures to eliminate any hazard, resulting from the work, to the
public in its normal use of public property or right-of-way. Any fences or
barricades installed shall be approved by the City Engineer and shall be properly
constructed and maintained. They shall separate the public from the hazard as
long as the hazard exists.
C. The area that can be cleared or graded and left exposed at one time is
limited to the amount of acreage that the project proponent can adequately
protect. No new area shall be cleared or graded until the previous portion is
adequately covered to the satisfaction of the City Engineer.
Chapter 16.48.020 Gradinq plan requirements.
A. A grading plan shall consist of a general set of plans on reproducible
mylar sheets measuring twenty-four inches by thirty-six inches, drawn to a
maximum of one-inch-equals-forty-feet scale, showing the original and designed
finish contours at a maximum interval of two feet, spot elevations of building pads
and public improvements, slope ratios, proposed and existing drainage facilities
and patterns, protective fencing, retaining walls, and any structures or buildings
on adjacent properties within fifteen feet of the common property lines, and the
existing elevations of adjoining/adjacent properties and parcels.
B. All grading plans shall be signed by the Engineer of Work and the Soils
Engineer.
C. All grading plans, regardless of the date of submittal, shall include an
erosion control plan designed to limit erosion of all disturbed portions of the
property and to eliminate the transport of soil onto adjacent properties or into
streets, storm drains, or drainage ways to the maximum extent practicable.
D. A statement of quantities shall be on the plan, giving the estimated
cubic yards of excavation, embankment, import, export, and the shrinkage or
swell factor.
E. All grading plans shall include a vicinity map, clearly delineated
property lines, all public and private easements, all public facilities and utilities, all
drainage ways, prominent existing or natural terrain features, and setbacks from
tops and toes of slopes to property lines or other features.
F. Precise grading plans shall show the footprint for all proposed
structures, setback distances therefrom, detailed finish grading, finish floor
elevations, yard swales and drains, and all concrete sidewalks, driveways, or
flatwork which will be used for drainage or potentially obstruct drainage.
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(3. The title sheet of all grading plans shall show the names, addresses,
and phone numbers of the site owner, the responsible civil engineer, project soils
engineer and geologist, the person available on twenty-four-hour call to provide
erosion control installation, and the subdivider or developer of the property if
different than the owner.
H. The grading plan shall include all standard City grading notes and
show such other information as required by the City Engineer including any
special conditions of approval.
Chapter 16.50.170 Erosion control required.
A. Plans for an erosion control system shall be prepared and submitted
for the review and approval of the City Engineer as a part of any application for a
permit under this division. The erosion control system shall comply with the
requirements of the latest National Pollutant Discharge Elimination System
permit and storm drain ordinance to satisfy the requirements for erosion control
and eliminate the discharge of sediment and pollutants. The erosion control plan
shall include, but not be limited to, the following information:
1. Name, address, and a twenty-four-hour phone number of the owner
or responsible party, and the person or contractor responsible for installing and
maintaining the erosion control system and performing emergency erosion
control work;
2. The name, address and signature of the Civil Engineer or person
who prepared the plan;
3. All desilting basins, debris basins, silt traps, and other desilting,
velocity retarding and protection facilities necessary to adequately protect the site
and downstream properties from erosion and its effects, preserve natural
hydrologic features, and preserve riparian buffers and corridors;
4. The streets, easements, drains, and other improvements.
5. The location and placement of gravel bags, diverters, check dams,
slope planting, drains, and other erosion controlling devices and measures;
6. Access routes to all such erosion control facilities and how access
shall be maintained during inclement weather.
B. Erosion control system standards shall be as follows:
1. The faces of cut-and-fill slopes and the project site shall be
prepared and maintained to control against erosion. Where cut slopes are not
subject to erosion due to the erosion-resistant character of the materials, such
protection may be omitted upon approval of the City Engineer.
2. Where necessary, temporary and/or permanent erosion control
devices such as desilting basins, check dams, cribbing, riprap, or other devices
or methods as approved by the City Engineer, shall be employed to control
erosion, prevent discharge of sediment, and provide safety.
3. Temporary desilting basins constructed of compacted earth shall be
compacted to a relative compaction of ninety percent of maximum density. A
gravel bag or plastic spillway must be installed for overflow, as designed by the
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engineer of work, to avoid failure of the earthen dam. A soils engineering report
prepared by the Soils Engineer, including the type of field testing performed,
location and results of testing shall be submitted to the City Engineer for approval
upon completion of the desilting basins.
4. Desilting facilities shall be provided at drainage outlets from the
graded site, and shall be designed to provide a desilting capacity capable of
containing the anticipated runoff for a period of time adequate to allow
reasonable settlement of suspended particles.
5. Desilting basins shall be constructed around the perimeter of
projects, whenever feasible, and shall provide improved maintenance access
from paved roads during wet weather. Grading cost estimates must include
maintenance and ultimate removal costs for temporary desilting basins.
6. The erosion control provisions shall take into account drainage
patterns during the current and future phases of grading.
7. Erosion protection may include effective planting of all slopes
unless otherwise approved by the City Engineer. Planting of the slopes shall be
done as soon as practicable, and prior to rough grade approval. Planting shall be
installed, fully germinated, and effectively cover the required slopes prior to
finished grade approval. If this is not accomplished, the slope shall be treated
with punched cereal straw, broadcast on the soil surface at four thousand pounds
per acre and held with a tackifier, fiber or net, or an equal system approved by
the City Engineer or City Landscape Architect.
8. The permittee or owner shall be responsible for control of erosion
on all areas of grading until acceptance of the completed grading by the City
Council. This responsibility extends to completed and occupied lots.
9. Equipment and workers for emergency work shall be made
available at all times. One hundred and twenty-five percent of all necessary
materials shall be available on-site and stock-piled at convenient locations to
facilitate rapid construction of temporary devices at all times.
10. All removable protective devices shown shall be in place at the
end of each working day when there is a fifty percent chance of rain within a
forty-eight hour period. If the developer does not provide the required installation
or maintenance of erosion control structures within two hours of notification at the
twenty-four hour number on the plans, the City Engineer may order City crews to
do the work or may issue contracts for such work and charge the cost of this
work along with reasonable overhead charges to the cash deposits or other
instruments implemented for this work without further notification to the owner.
No additional work on the project, except erosion control work, may be performed
until the full amount drawn from the deposit is restored by the developer.
11. At any time of year, an inactive site shall be fully protected from
erosion and discharges of sediment. Flat areas with less than five percent grade
shall be fully covered unless sediment control is provided through desiltation
basins at all project discharge points. A site is considered inactive if construction
activities have ceased for a period of ten or more consecutive days.
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C. No grading work shall be allowed between October 1 and the following
April 30, on any site when the City Engineer determines that erosion, mudflow or
sediment of 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.
Chapter 16.50.230 Asphalt concrete pavement.
A. Requirements. For the purpose of this chapter, asphalt concrete (A.C.),
aggregate base (A.B.), prime coat, tack coat and seal coat shall meet the current
standards of the City for road construction and/or the approval of the City
Engineer.
B. Cost Estimates. Asphalt concrete is classified as a secondary drainage
device when used for roadway and parking lot surfacing and other similar uses.
Accordingly, the cost of all paving, with the exception of single-family driveways,
shall be included in the engineer's cost estimate.
C. Subgrade Compaction. Subgrade earth materials must be compacted
to a minimum of twelve inches in depth and shall comply with all other
requirements of this division.
D. Soil Sterilization. Unless otherwise approved by the City Engineer,
subgrade earth materials shall be sterilized with non-pollutant materials to
preclude plant growth.
E. Pavement Structural Section. The project Soils Engineer, or design
civil engineer shall recommend a pavement structural section(s) for parking
lots/service roads, private streets, and dedicated streets for all developments
based on:
1. Soils tests of the subgrade soil(s) performed in accordance with
the latest revision of ASTM: 1557-82; and
2. Anticipated traffic and/or loading conditions. Design shall be in
accordance with the Caltrans Highway Design Manual. The structural sections
shall be not less than the minimum standards established by the City. Minimum
traffic index for pavement design shall be 4.5.
F. All adjoining pavement edges shall be saw-cut for butt joints or ground
with a minimum of one and one-half inches of asphalt applied. No feathering is
allowed.
G. Minimum overlay depth shall be one and one-half inches.
H. A minimum slope of two percent shall be utilized on all asphalt
pavement sections including parking lots. Concrete drainage structures placed at
less than one-per-cent slope must have grade stakes set by the engineer of work
at no greater than twenty-foot intervals.
I. Maximum gradient for parking stalls shall be eight percent.
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Page 7
J. Maximum gradient change in driveways and parking lots shall be eight
percent in every twenty horizontal feet.
Chapter 16.56.040 Violations as a misdemeanor offense.
Any grading or clearing which is done in violation of the Poway Municipal Code
grading regulations, or failure to provide erosion control measures and devices,
shall be a misdemeanor punishable by a one thousand dollar fine and/or
imprisonment for a period not to exceed six months in the County Jail. Each day
or any portion of a day that any person violates or continues to violate the City's
grading regulations will constitute a separate offense and may be charged and
punished separately without awaiting conviction on any prior offense. The
permittee shall be responsible for all fines assessed by outside agencies.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after the date of this passage; and before the expiration of fifteen (15) days after
its passage, it shall be published once with the names and members voting for and
against the same in the Poway 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 this 8th day of January 2002, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 22nd day of January 2002, by the following
roll call vote.
AYES: EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: GOLDBY
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
Lort Anne~eoples, City CleFk -
Michael P. Cafagna,