HomeMy WebLinkAbout2002-02-19; City Council; 16666; NPDES Stormwater UpdateCITY OF CARLSBAD - AGENDA BILL
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ATG. 9, IW& GPAOI-15IZCA01-08lLCPA01-15
NPDES STORMWATER UPDATE
MCA 01-OSIMCA 01-06IMCA 02-01
IEPT. PLNlPW w
ZECOMMENDED ACTION:
DEPT. HD.
CITY ATTY.
CITY MGR *
rhat the City Council INTRODUCE Ordinances No. N5-lo a a , NS -ha3 , NS-6 a 4
rnd NS-La.5 APPROVING Zone Code Amendment 01-08 and Municipal Code Amendments
)I-05,Ol-06, and 02-01 and ADOPT Resolution No. -2- Ob I APPROVING General
’Ian Amendment 01-15 and Local Coastal Program Amendment 01-15.
TEM EXPLANATION:
3n February 21, 2001, the San Diego Regional Water Quality Control Board (RWQCB) adopted
(ational Pollutant Discharge Elimination System (NPDES) Permit (Order No. 2001-01). This
qegional Storm Water Permit applies to all 18 San Diego cities (including Carlsbad), the County of
;an Diego, and the Port District, and mandates improved water quality within the San Diego area
hrough the implementation of newhevised storm water protection policies, procedures,
equirements, standards and ordinances to reduce discharges of pollutants and runoff flow resulting
:arkbad’s General Plan, Zoning Ordinance, Storm Water Management and Discharge Control
rom existing and new development. Compliance with this Regional Permit requires amendments to
Irdinance, Grading and Erosion Control Ordinance, Health and Sanitation Ordinance, Vehicle and
rraffic Ordinance, General Provisions Ordinance and Local Coastal Program. These amendments nust be submitted to the RWQCB by February 21,2002.
3n January 2, 2002, the Planning Commission conducted a public hearing and recommended
lpproval (6-0 - Baker) of General Plan Amendment 01-15, Zone Code Amendment 01-08, and Local
2oastal Program Amendment 01-15 to comply with RWQCB Order No. 2001-01.
The proposed major revisions include the following:
1. Establish new water quality and watershed protection policies within the Open Space and
Conservation Element and Circulation Element of the Carlsbad General Plan.
2. Amend two Coastal Zone Chapters of the Zoning Ordinance (Title 21) to: a) require all
development to comply with the new runoff and erosion/pollutant control provisions of the
City’s amended Grading Ordinance, Storm Water Ordinance, Standard Storm Water
Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP)
and b) delete the rainy season (October 1 -April 1) grading prohibition.
.ecommending to the City Council amendments to several chapters of the City’s municipal code to
n association with this Planning Commission recommendation, the Public Works Department is
:omply with this Order. The amendments are to the City’s Storm Water Management and Discharge
2ontrol Ordinance (Chapter 15.12), Grading and Erosion Control Ordinance (Chapter 15.16), Health
md Sanitation Ordinance (Title 6), Vehicle and Traffic Ordinance (Title IO), and General Provisions
:Title I), Chapter 1.08.020, MCA 01-06, MCA 01-05, and MCA 02-01 respectively.
n 1996, the City Council adopted a new Storm Water Management and Discharge Control 3rdinance and amended its existing Grading and Erosion Control Ordinance to comply with a
xevious RWQCB NPDES Permit (Order No. 90-42). These amended Ordinances created new
storm water protection standards, requirements and procedures and established the City of Carlsbad
3s a model jurisdiction for storm water protection within the San Diego region. Because of these
Irevious Ordinance amendments, the proposed amendments to comply with the new RWQCB
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PAGE 2 OF AGENDA BILL NO. I&. bbb
NPDES Permit (Order No. 2001-01) are relatively minor and include the following:
1. Redefine the “rainy season” as the time period between October 1 and April 30 (rather than
October 1 and April 1).
2. Require that all grading plans and specific activities include Best Management Practices
(BMPs) for the control of urban pollutants (including sediment, pathogens, heavy metals,
petroleum products, pesticides, herbicides and decaying wastes). BMPs include such
techniques as: a) pollution prevention (Le. education and landscaping), b) site design (i.e.
reducing impervious surfaces, minimizing clearing and grading and maintaining natural
drainage courses), c) source control (minimize contact between pollutants and flows) and d)
treatment control (technologies that remove pollutants from urban runoff).
3. A new provision has been added to the Storm Water Management and Discharge Control
Ordinance which establishes the Environmental Code Enforcement Civil Penalties Fund in
order to set a mechanism for reimbursement of investigative costs, beyond normal operating
expenditures, to departments involved in storm water protection code enforcement activities.
The Fund may also provide moneys to enhance environmental awareness and education in the
City of Carlsbad.
4. Amendments to Title 1 provide the City Manager with the authority to deputize employees in all
appropriate departments, including Public Works, in order to expand enforcement authority
currently only granted to the Community Development Department.
The Storm Water Management and Discharge Control Ordinance and Grading and Erosion Control
Ordinance are implementing ordinances for the City’s Local Coastal Program. Accordingly, this
action also includes a City Council resolution approving a Local Coastal Program Amendment for the
Municipal Code Amendments.
ENVIRONMENTAL:
The Planning Director has determined that this project is exempt from environmental review because
it is a regulatory action instituting policies, standards, requirements and procedures for the protection
of the environment (Section 15308 of CEQA). A Notice of Exemption will be filed by the Planning
Director upon project approval.
FISCAL IMPACT:
The fiscal impacts to the City of Carlsbad, as a result of the revised NPDES regulations, are
unknown at this time. No changes in funding are being requested at this time. The amendments
proposed are required by the revised NPDES permit Order 2001-01. If the amendments are not
approved by the local agency by February 21, 2002, the local agency may be subject to fines for
non-compliance. The City appropriated $1,600,000 from the General Fund in FY 01-02 for the City’s
NPDES program, which included a onetime cost of $773,389 to develop the new NPDES program
and $826,611 for ongoing operations and maintenance. These costs will be reviewed as part of the
NPDES program development and the budget for FY 02-03. The fiscal impacts resulting from
amending the General Plan, Zoning Ordinance, Grading Ordinance and Local Coastal Program, are
anticipated to be recovered through application fees, permits fees and inspections fees. The
amendments to the Storm Water Ordinance will allow the City to impose fines on violators of the
consultants to assist staff in identifying various sources of funding to fund the NPDES program to
NPDES permit as required by the permit. The City is in the process of soliciting proposals from
minimize future impacts to the General Fund.
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PAGE 3 OF AGENDA BILL NO. /6/ b~ b h
EXHIBITS:
1. City Council Ordinances No. fi 5- b 9 9 , fiS"Ld3
2. City Council Resolution No, dcaa
3. Planning Commission Resolutions No. 5129, 5130 and 5131 -Ob I
5. Planning Commission Staff Report, dated January 2, 2002
5. Excerpts of Planning Commission Minutes, dated January 2, 2002.
54724 and NS- 6J.5
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ORDINANCE NO. - 622
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING VARIOUS SECTIONS OF
CHAPTERS 21.203 AND 21.205 OF TITLE 21 OF THE
WATER PROTECTION REQUIREMENTS OF THE SAN DIEGO
REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO
CASE NAME: NPDES STORMWATER UPDATE
CASE NO.: ZCA 01-08
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: That Title 21, Chapter 21.203 of the Carlsbad Municipal Code is
CARLSBAD MUNICIPAL CODE TO IMPLEMENT NEW STORM-
MUNICIPAL STORMWATER ORDER NO. 2001-01.
amended by the amendment of Section 21.203.040(6)(3) to read as follows:
3. Areas West of 1-5. For areas west of the existing Paseo del Norte, west of Interstate 5 and
along El Camino Real immediately upstream of the existing storm drains, the following policy
shall apply:
a. All development must include mitigation measures for the control of urban runoff flow
rates and velocities, urban pollutants, erosion and sedimentation in accordance with the
requirements of the City's Grading Ordinance, Stormwater Ordinance, SUSMP, JURMP, Master
Drainage Plan and the San Diego County Hydrology Manual and any amendments to them.
Such mitigation shall become an element of the project, and shall be installed prior to the initial
grading. Mitigation shall require construction of all improvements shown in the master drainage
plan and any amendments to them for the area between the project site and the lagoon
(including the debris basin), as well as revegetation of graded areas immediately after grading;
and a mechanism for permanent maintenance if the city declines to accept the responsibility.
Construction'of drainage improvements may be through formation of an assessment district, or
through any similar arrangement that allocates costs among the various landowners in an
equitable manner.
SECTION 2: That Title 21, Chapter 21.203 of the Carlsbad Municipal Code is
amended by the amendment of Section 21.203.04O(B)(4) to read as follows:
4. All Other Areas in the Coastal Zone. All development must include mitigation
measures for the control of urban runoff flow rates and velocities, urban pollutants, erosion and
sedimentation in accordance with the requirements of the City's Grading Ordinance, Stormwater
Ordinance, SUSMP, JURMP, Master Drainage Plan, the San Diego County Hydrology Manual
and amendments to them and the additional requirements enumerated in this Code Section.
Mitigation shall also require construction of all improvements shown in the master drainage plan
and amendments to it. No subsequent amendments are a part of this zone unless certified by
the Coastal Commission. The general provisions, procedures, standards, content of plans and
implementation contained with them are required conditions of development in addition to the
provisions below. Approved development shall include the following conditions, in addition to the
requirements specified above:
a. All offsite, downstream improvements (including debris basin and any other
improvements recommended in the drainage plan) shall be constructed prior to the issuance of
a grading permit onsite. Improvements shall be inspected by city or county staff and certified as
adequate and in compliance with the requirements of the drainage plan and the additional
requirements of this zone. If the city or county declines to accept maintenance responsibility for
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the improvements, the developer shall maintain the improvements during construction of thc
onsite improvements.
b. If the offsite or onsite improvements are not to be accepted and maintained b!
a public agency, detailed maintenance agreements including provisions for financing tht
the permit. Maintenance shall be addressed in the report required to be submitted with thc
maintenance through bonding or other acceptable means shall be secured prior to issuance o
permit application. The report shall discuss maintenance costs and such costs shall be certifiec
as a best effort at obtaining accurate figures.
c. Construction of offsite grading improvements may use an assessment distric
or any other acceptable manner of financing. Such mechanisms shall be secured by bonding 01
other acceptable means prior to issuance of a coastal development permit.
d. If a public agency agrees to accept maintenance responsibilities, it shal
inspect the facilities prior to onsite construction or grading and indicate if such facilities assure
continued maintenance. No onsite development may take place prior to acceptance of the
drainage improvements.
e.. All areas disturbed by grading shall be planted within sixty days of initia
disturbance and prior to October 1st with temporary or permanent (in the case of finishec
slopes) erosion control methods.
f. Storm drainage facilities in developed areas shall be improved and enlarged
according to the Carlsbad master drainage plan, incorporating the changes specified in this
Section. Improvement districts shall be formed for presently undeveloped areas which are
expected to urbanize in the future. The improvement districts shall implement the master
drainage plan. Upstream areas in the coastal zone shall not be permitted to develop
incrementally prior to installation of the storm drain facilities downstream, in order to assure
districts shall be financed either by some form of bond or from fees collected from developers
protection of coastal resources. New drainage facilities, required within the improvement
on a cost-per-acre basis.
and duration of exposure shall be kept at a minimum.
g. When earth changes are required and natural vegetation is removed, the area
h. Soil erosion control practices shall be used against "onsite" soil erosion. These
include keeping soil covered with temporary or permanent vegetation or with mulch materials,
special grading procedures, diversion structures to divert surface runoff from exposed soils, and
grade stabilization structures to control surface water.
i. Apply "sediment control" practices as a perimeter protection to prevent offsite
drainage. Preventing sediment from leaving the site should be accomplished by such methods
as diversion ditches, sediment traps, vegetative filters, and sediment basins. Preventing erosion
is, of course, the most efficient way to control sediment runoff.
New development and significant redevelopment of private and publicly-owned properties, must
incorporate design elements and/or best management practices (BMPs) which will effectively
prevent runoff contamination, and minimize runoff volume from the site in the developed
condition, to the greatest extent feasible. At a minimum, the following specific requirements shall
be applied to development of type and/or intensity listed below:
Residential DeveloDment. Development plans for, or which include, residential housing
development with greater than ten housing units shall include a drainage and pollution runoff
control plan prepared by a licensed engineer, designed to infiltrate, filter or treat the volume of
runoff produced from each and every storm event up to and including the eighty-fifth percentile
twenty-four hour runoff event, prior to conveying runoff in excess of this standard to the
stormwater conveyance system. The plan shall be reviewed and approved by the consulting
soils engineer or engineering geologist to ensure the plan is in conformance with their
recommendations. The plan shall be designed in consideration of the following criteria, and
approved prior to issuance of a coastal development permit:
j. In addition the following shall apply to development within Kelly Ranch:
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i. Maximize the percentage of permeable surfaces and green space to
allow more percolation of runoff into the ground and/or design site with the capacity to convey or
store peak runoff from a storm and release it at a slow rate so as to minimize the peak
discharge into storm drains or receiving water bodies;
ii. Use porous materials for or near walkways and driveways where
feasible;
iii. Incorporate design elements which will serve to reduce direct1
connected impervious area where feasible. Options include the use of alternative desigl
features such as concrete grid driveways, and/or pavers for walkways.
collected and directed through a system of vegetated and/or gravel filter strips or other medi;
iv. Runoff from driveways, streets and other impervious surfaces shall bc
devices, where feasible. Selected filter elements shall be designed to (1) trap sedimeni
particulates and other solids and (2) remove or mitigate contaminates through infiltration and/o
biological uptake. The drainage system shall also be designed to convey and discharge runof
from the building site in a nonerosive manner.
v. Selected BMPs shall be engineered and constructed in accordana
with the design specifications and guidance contained in the California Stormwater Bes
Management Practices Handbook (Municipal).
vi. The plan must include provisions for regular inspection anc
maintenance of structural BMPs, for the life of the project.
Parkinq Lots. Development plans for, or which include parking lots greater than five thousanc
square feet in size and/or with twenty-five or more parking spaces, susceptible to stormwater
shall incorporate BMPs effective at removing or mitigating potential pollutants of concern suct
as oil, grease, hydrocarbons, heavy metals, and particulates from stormwater leaving the
developed site, prior to such runoff entering the stormwater conveyance system, or an)
receiving water body. Options to meet this requirement include the use of vegetative filter strips
or other media filter devices, clarifiers, grassy swales or berms, vacuum devices or i
combination of these. Selected BMPs shall be designed to collectively infiltrate, filter or treat the
volume of runoff produced by each and every storm event up to and including the eighty-fifth
percentile twenty-four-hour runoff event. BMPs shall be engineered and constructed in
accordance with the guidance and specifications provided in the California Stormwater Besi
Management Handbooks (Commercial and Industrial).
All Development. A public education program shall be designed to raise the level of awareness
of water quality issues around the lagoon including such elements as catch basin stenciling and
public awareness signs.
A landscape management plan shall be created that includes herbicide/pesticide management.
Such measures shall be incorporated into project design through a water qualityhrban runofl
control plan and monitoring program to ensure the discharge from all proposed outlets is
consistent with local and regional standards. Such measures shall be required as a condition of
coastal development permit approval at the subdivision stage.
C. Landslides and Slope Instability. Developments within five hundred feet of areas
identified generally in the PRC Toups report, Figure 8, as containing soils of the La Jolla group
(susceptible to accelerated erosion) or landslide prone areas shall be required to submit
additional geologic reports containing the additional information required in the coastal shoreline
development overlay zone.
D. Seismic Hazards. Development in liquefaction-prone areas shall include site-specific
investigations done addressing the liquefaction problem and suggesting mitigation measures.
New residential development in excess of four units, commercial, industrial, and public facilities
shall have site-specific geologic investigations completed in known potential liquefaction areas.
E. Floodplain Development. Within the coastal zone, in the one hundred-year floodplain,
periodic flooding shall be allowed.
no new or expanded permanent structures or fill shall be permitted. Only uses compatible with
F. Reserved.
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G. Within the Kelly Ranch, scenic public views from Interstate 5, Cannon Road an(
Agua Hedionda Lagoon shall be preserved, as feasible, through the following measures:
1. Landscaping and Setbacks. Use of trees or fire-retardant vegetation witt
substantial height as a landscape screen and/or setbacks from the ridgelines and open spacc
areas;
2. Building Colors. Exterior wall and roof colors shall be of low-intensity earth 01
vegetative tones. Stucco with accent materials such as tile, natural stone, or other compatible
natural building materials shall be preferred. Roof colors shall be low-intensity colors whict
blend with the environmental setting of the project;
3. Residential Building Height. Maximum height limits and variation in roo
heights shall be utilized, as necessary. to minimize visibility of structures from scenic public
roadways, public vista points and public trails.
H. Within the Kelly Ranch, landscaping shall be utilized as a visual buffer and be
compatible with the surrounding native vegetation and preserved open space by incorporatior
of the following measures:
1. All residential development shall be required to identify and implement a
landscaping plan that provides for installation of plant species that are native or noninvasive and
drought tolerant to the maximum extent feasible. Ornamental (noninvasive) vegetation shall be
permitted in the interior of residential subdivisions only;
2. Approved landscaping shall be installed immediately upon completion 01
construction and maintained by the property owners in good growing condition for the life of the
development;
3. Landscape screening of structures, including specimen trees and fire-retardant
vegetation of substantial height, shall be required to screen and soften the view of structures
from 1-5, Cannon Road, Agua Hedionda Lagoon, public trails and public vista points;
4. The landscape treatment shall cause the development to blend in with the
natural setting and present a visually cohesive appearance as viewed from Agua Hedionda
Lagoon, Cannon Road and Interstate 5.
SECTION 3: That Title 21, Chapter 21.205 of the Carlsbad Municipal Code is
amended by the amendment of Section 21.205.060 to read as follows:
21.205.060 Erosion sedimentation, drainage.
All development must include mitigation measures for the control of urban runoff flow rates and
the City's Grading Ordinance, Storm Water Ordinance, SUSMP, JURMP, Master Drainage Plan,
velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of
the San Diego County Hydrology Manual and amendments to them and the additional
requirements enumerated in this Section. Mitigation shall also require construction of all
improvements shown in the master drainage plan and amendments to it. No subsequent
amendments are a part of this zone unless certified by the Coastal Commission. The general
provisions, procedures, standards, content of plans and implementation contained in them are
required conditions of development in addition to the provisions below. Approved development
shall include the following conditions, in addition to the requirements specified above:
A. All offsite, downstream improvements (including debris basin and any other
improvements recommended in the drainage plan) shall be constructed prior to the issuance of
a grading permit onsite. Improvements shall be inspected by city staff and certified as adequate
and in compliance with the requirements of the drainage plan and the additional requirements of
this zone. If the city declines to accept maintenance responsibility for the improvements, the
developer shall maintain the improvements during construction of the onsite improvements.
8. If the offsite or onsite improvements are not to be accepted and maintained by a
public agency, detailed maintenance agreements including provisions for financing the
maintenance through bonding or other acceptable means shall be secured prior to issuance of
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the permit. Maintenance shall be addressed in the report required to be submitted with the
permit application. The report shall discuss maintenance costs and such costs shall be certifiec
as a best effort at obtaining accurate figures.
C. Construction of offsite drainage improvements may use an assessment district or an:
other acceptable manner. Such mechanisms shall be secured by bonding or other acceptablc
means prior to issuance of a coastal development permit.
D. If a public agency agrees to accept maintenance responsibilities, it shall inspect thc
facilities prior to onsite construction or grading and indicate if such facilities assure continue(
maintenance. No onsite development may take place prior to acceptance of the drainagt
improvements.
E. All areas disturbed by grading shall be planted within sixty days of the initia
disturbance and prior to October 1st with temporary or permanent (in the case of finishec
slopes) erosion control methods. The use of temporary erosion control measures, such a:
berms, interceptor ditches, sandbagging, filtered inlets, debris basins and silt traps, shall be
utilized in conjunction with plantings to minimize soil loss from the construction site. Saic
planting shall be accomplished under the supervision of a licensed landscape architect, anc
shall consist of seeding, mulching, fertilization and irrigation adequate to provide ninety percen
coverage within ninety days. Planting shall be repeated if the required level of coverage is no
established. This requirement shall apply to all disturbed soils including stockpiles. Thi$
requirement shall be a condition of the permit.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
! adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
1 published at least once in a publication of general circulation in the City of Carlsbad within
I fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be
~ effective within the City's Coastal Zone until approved by the California Coastal Commission.)
I INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
' Council on the 19th day of FEB 2002, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
'
I AYES:
NOES:
ABSENT:
Carlsbad on the __ day of 2002, by the following vote, to wit:
(SEAL)
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ORDINANCE NO. NS-623
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING VARIOUS SECTIONS OF
CHAPTER 15.16 OF THE CARLSBAD MUNICIPAL CODE
(GRADING AND EROSION CONTROL ORDINANCE) TO
IMPLEMENT NEW STORMWATER PROTECTION REQUIRE-
MENTS OF THE SAN DIEGO REGIONAL WATER QUALITY
CONTROL BOARD SAN DIEGO MUNICIPAL STORM WATER
CASE NAME: NPDES STORMWATER UPDATE
CASE NO.: MCA 01- 05
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: That Title 15, Chapter 15.16 of the Carlsbad Municipal Code
PERMIT (ORDER NO. 2001-01).
is amended by the amendment of Section 15.16.020(7) to read as follows:
7. Protect public and private property, storm water conveyance systems, downstream
riparian habitats, waterways. wetlands, and lagoons by controlling soil erosion, sedimentatior
and other potential adverse impacts caused by grading operations or which result as 6
consequence of the increased rate of surface water runoff from graded sites.
SECTION 2: That Title 15, Chapter 15.16 of the Carlsbad Municipal Code is
amended by the amendment of Section 15.16.040(13) to read as follows:
13. "Rainy season" is the time period between October 1 of any year and April 30 of the
following year during which the likelihood of rainfall is greater than at other times of the year.
SECTION 3: That Title 15, Chapter 15.16 of the Carlsbad Munidipal Code is
amended by the amendment of Section 15.16.060(A)(6)(e) to read as follows:
e. The amount of soil material moved does not exceed one hundred cubic yards.
SECTION 4: That Title 15, Chapter 15.16 of the Carlsbad Municipal Code is
amended by the amendment of Section 15.16.060(A)(8)(c) to read as follows:
done in connection with a building permit issued pursuant to Chapter 18.04 of this code and
c. The proposed grading work is performed concurrent with the site preparation work
does not require a Hillside Development Permit (HDP) or a Coastal Development Permit (CDP).
SECTION 5: That Title 15, Chapter 15.16 of the Carlsbad Municipal Code is
amended by the amendment of Section 15.16.060(A)(8)(d) to read as follows:
d. Best Management Practices (BMPs) for erosion control construction activities have
been incorporated into the construction documents and site design.
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SECTION 6: That Title 15, Chapter 15.16 of the Carlsbad Municipal Code i!
amended by the amendment of Section 15.16.06O(A)(ll) to read as follows:
1. Construction of pavement surfaces less than five thousand (5000) square feet or
natural or existing grade for the purposes of a private road or commercial, industrial or multi.
residential parking lot or travelway.
SECTION 7: That Title 15, Chapter 15.16 of the Carlsbad Municipal Code is
amended by the amendment of Section 15.16.090 (A)(l) to read as follows:
data shall be prepared by a civil engineer. The grading plans shall be drawn to scale ir
1. Grading plans, specifications, engineering calculations and other relevant engineering
accordance with city standards and be of sufficient clarity to indicate the location, nature and
extent of the work proposed and show in detail that it will conform to the provisions of this
chapter, city standards, the landscape manual and Titles 19, 20 and 21 of this code. All grading
plans must include provision for protective measures for the control of urban pollutants, erosion
and sedimentation in accordance with the requirements of this chapter, and city standards,
including but not limited to the city Standard Urban Storm Water Mitigation Plan (SUSMP).
SECTION 8: That Title 15, Chapter 15.16 of the Carlsbad Municipal Code is
amended by the amendment of Section 15.16.120 (A)(7)(c) to read as follows:
working order throughout the duration of the grading operation unless it can be demonstrated to
c. All erosion and sedimentation control protective measures shall be maintained in good
the city engineer that their removal at an earlier date will not result in any unnecessary erosion
of or sedimentation on public or private properties; and
SECTION 9: That Title 15, Chapter 15.16 of the Carlsbad Municipal Code is
amended by the addition of Section 15.16.040(12) to read as follows:
12. “Jurisdictional Urban Runoff Mitigation Plan (JURMP)” - means a plan, prepared
pursuant to Regional Water Quality Control Board NPDES Order No. 2001-01, to: 1) ensure
that discharges from municipal runoff conveyance systems do not cause or contribute to
degradation of water quality, 2) effectively prohibit urban discharges of illicit connections to the
storm water conveyance system, and 3) reduce the discharge of pollutants from urban runoff
conveyance systems to the maximum extent practicable. When used in the Carlsbad Municipal
Code, this refers to the JURMP adopted by the City of Carlsbad.
SECTION 10: That Title 15, Chapter 15.16 of the Carlsbad Municipal Code is
amended by the addition of Section 15.16.040(17) to read as follows:
17. “Standard Urban Storm Water Mitigation Plan (SUSMP)” - means a plan, prepared
pursuant to Regional Water Quality Control Board NPDES Order No. 2001-01, to reduce
pollutants and runoff flows from all new development and significant redevelopment projects
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that fall under priority project categories. When used in the Carlsbad Municipal Code, this refers
to the SUSMP prepared by the City of Carlsbad.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be
effective within the City’s Coastal Zone until approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the & day of FEBRUARY 2002, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the ~ day of 2002, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
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ORDINANCE NO. NS-624
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING VARIOUS SECTIONS OF
CHAPTER 15.12 OF THE CARLSBAD MUNICIPAL CODE
(STORMWATER MANAGEMENT AND DISCHARGE CONTROL
TION REQUIREMENTS OF THE SAN DIEGO REGIONAL
WATER QUALITY CONTROL BOARD SAN DIEGO MUNICIPAL
CASE NAME: NPDES STORMWATER UPDATE
CASE NO.: MCA 01- 06
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
ORDINANCE) TO IMPLEMENT NEW STORMWATER PROTEC-
STORMWATER PERMIT (ORDER NO. 2001-01).
amended by the amendment of Section 15.12.010 to read as follows:
The purpose of this chapter is to ensure the environmental and public health, safety, and
general welfare of the residential, commercial, and industrial sectors of the city of Carlsbad by:
A. Prohibiting non-stormwater discharges to the stormwater conveyance system.
B. Eiiminating discharges to the stormwater conveyance system from spills, dumping or
disposal of materials other than stormwater or permitted or exempted discharges.
C. Reducing pollutants in stormwater discharges, including those pollutants taken up by
stormwater as it flows over urban areas (urban runom, to the maximum extent practicable. ,
D. Reducing pollutants in stormwater discharges in order to achieve applicable
water quality objectives for receiving waters within the city of Carlsbad.
The intent of this chapter is to protect and enhance the water quality of the city of Carlsbad
receiving waters, and wetlands in a manner pursuant to and consistent with the Clean Water Act
and California Regional Water Quality Control Board NPDES Permit No. CASOl08758, Order
No. 2001-01 and any amendment, revision or reissuance thereof.
15.12.010 Purpose and intent.
SECTION 2: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 15.12.020 to read as follows:
15.12.020 Definitions.
When used in this chapter, the following terms shall have the meanings ascribed to them in this
section:
A. "Basin Plan" means the Water Quality Control Plan for the San Diego Region (July
1975) and approved by the State Water Resources Control Board, together with subsequent
amendments. B. "Best Management Practices or (BMP)" means schedules of activities, prohibitions of
practices, general good house keeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices to prevent or reduce to
the maximum extent practicable the discharge of pollutants directly or indirectly to stormwater
conveyance system and/or receiving waters. Best Management Practices also include treatment
sludge or waste disposal, and drainage from raw materials storage.
requirements, operating procedures, and practices to control site runoff, spillage or leaks,
C. "Building Permit" means a permit issued pursuant to Chapter 18.04.
for Ocean Waters of California adopted by the State Water Resources Control Board effective
D. "California Ocean Plan" means the California Ocean Plan: Water Quality Control Plan
July 23, 1997, and any subsequent amendments. I 13
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Law 92-500. as amended by Public Laws 95-217, 95-576, 96-483, and 95-117 (33 USCA
E. "Clean Water Act" means the Federal Water Pollution Control Act enacted by Public
Section 1251 et seq.), and any subsequent amendments.
F. "County Health Officer" means the health ofticer of the county of San Diego
department of public health or designee.
G. "Development" means:
1. The placement or erection of any solid material or structure on land, in water,
2. The discharge or disposal of any dredged material or of any gaseous, liquid,
3. The grading, removing, dredging, mining, or extraction of any materials;
4. A change in the density or intensity of the use of land, including, but not limited
to, a subdivision pursuant to the Subdivision Map Act (Government Code Section 66410, et
seq.) and any other division of land, including lot splits, except where the division of land is
brought about in connection with the purchase of such land by a public agency for public
recreational use;
5. A change in the intensity of the use of water, or of access to water
6. The construction, reconstruction, demolition, or alteration of the size of any
structure, including any facility of any private, public, or municipal entity; and
7. The removal or harvesting of major vegetation other than for agricultural
purposes. As used in this definition, "structure" includes, but is not limited to, any building, road,
distribution line. (Source: Government Code Section 65927).
pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and
H. "Employee training program" means a documented employee training program for all
persons responsible for implementing a stormwater pollution prevention plan. The employee
training program shall include, but is not limited to, the following topics:
1. Laws, regulations, and local ordinances associated with stormwater pollution
prevention, and an overview of the potential impacts of polluted stormwater on the receiving
waters of the San Diego region.
2. Proper handling of all materials and wastes to prevent spillage.
3. Mitigation of spills including spill response, containment and cleanup
4. Visual monitoring of all effluent streams to ensure that no illicit discharges
5. Discussion of the differences between the stormwater conveyance system and
6. Identification of all on-site connections to the stormwater conveyance system.
7. Preventive maintenance and good housekeeping procedures.
8. Material management practices employed by the facility to reduce or eliminate
I. "Enforcement Agency" means the City of Carlsbad or its authorized agents charged
J. "Enforcement Official" means the city manager or his or her designee.
K. "Hazardous Materials" means any substance or mixture of substances which is toxic,
corrosive, flammable, an irritant, a strong sensitizer, or generates pressure through
decomposition, heat or other means, if such a substance or mixture of substances may cause,
or contribute to, substantial injury, serious illness or harm to humans, domestic livestock,
wildlife, or deterioration of receiving water quality or the environment.
stormwater conveyance system permitted or unpermitted by the city of Carlsbad, which drains
L. "illicit Connection" means any physical connection (pipe, facility, or other device) to the
illegal discharges either directly or indirectly into a stormwater conveyance system.
M. "Illegal Discharge" means any discharge to the Stormwater Conveyance System that
is not composed entirely of Stormwater, or is expressly prohibited by federal, state, or local
or under water;
solid, or thermal waste;
procedures.
enter the stormwater conveyance system.
the sanitary sewer system.
pollutant contact with stormwater discharge.
with ensuring compliance with this chapter.
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regulations, laws, codes, or ordinances, or degrades the quality of receiving waters in violation
of California Regional Water Quality Control Board NPDES Permit No. CAS0108758, Order No.
2001-01 and any amendment, the San Diego Basin Plan and California Ocean Plan standards.
N. "Maximum Extent Practicable" (MEP) means, with respect to best management
practices (BMPs), an individual BMP or group of BMPs which reduces or eliminates the
discharge of a pollutant of concern, which have a cost of implementation reasonably related to
the pollution control benefits achieved, and which are technologically feasible.
0. "National Pollution Discharge Elimination System (NPDES) Permit" means a permit
issued by the Regional Water Quality Control Board or the State Water Resources Control
Board pursuant to Chapter 5.5, Division 7 of the California Water Code, to control discharges
from point sources to waters of the United States, including, but not limited to:
1. California Regional Water Quality Control Board NPDES Permit No.
2. General Permit for Stormwater Discharges Associated with Industrial Activities (NPDES No. CAS 000001, Order No. 97-03-DWQ)
3. NPDES General Permit for Stormwater Discharges Associated with
Construction Activity (Permit No. 99-08-DWQ, NPDES General Order No. CASOOOOO2); and
4. California Regional Water Quality Control Board, San Diego Region, General
De-Watering Permits (Order Numbers 91-10 and 90-31).
P. "Non-stormwater Discharge" means any discharge to the stormwater conveyance
system that is not entirely composed of stormwater. Q. "NPDES General Permit" means a permit issued by the State Water Resources
Control Board, including, but not limited to:
1. NPDES General Permit for Stormwater Discharges Associated with Industrial
Activities; and
2. NPDES General Permit for Stormwater Discharges Associated with Construction Activity (Permit No. 99-08-DWQ. NPDES General Order No. CASOOOOO2)
R. "Parking Lot" means an open area, other than a street or other public way, used for the
parking of motorized vehicles, whether for a fee or free, to accommodate clients or customers or
to accommodate residents of multi-family dwellings (i.e., apartments, condominiums,
townhomes, mobile homes, dormitories, group quarters, etc.).
S. "Person" means any individual, organization, business trust, company, partnership,
entity, firm, association, corporation, or public agency, including the State of California and the
United States of America.
T. "Pollutant" means and includes, but is not limited to, solid waste, sewage, garbage,
medical waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock,
sand, sediment, silt, industrial waste, and any organic or inorganic substance defined as a
pollutant under 40 C.F.R. 122.2 whose presence degrades the quality of the Receiving Waters
in violation of Basin Plan and California Ocean Plan standards such as fecal coliform, fecal
streptococcus, enterococcus, volatile organic carbon, surfactants, oil and grease, petroleum
hydrocarbons, total organic carbon, lead, copper, chromium, cadmium, silver, nickel, zinc,
cyanides, phenols, fertilizers, pesticides, herbicides and other biocides.
waters in violation of Basin Plan and California Ocean Plan standards by altering any of the A pollutant also includes any contaminant which degrades the quality of the receiving
following parameters: pH, total suspended and settleable solids, biochemical oxygen demand
(BOD), chemical oxygen demand (COD), nutrients, temperature and other narrative standards
of the Basin Plan.
U. "Premises" means any building, lot parcel, real estate, land or portion of land whether
improved or unimproved.
V. "Receiving Waters" means surface bodies of water, which serve as receiving points for
discharges from the stormwater conveyance system, including Encinas Creek, Batiquitos
Lagoon, Agua Hedionda Lagoon and Buena Vista Lagoon and their tributary creeks, reservoirs.
lakes, estuaries, and the Pacific Ocean.
CAS0108758, Order 2001-01 and any amendment, revision or reissuance to it
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W. "Stormwater" means surface runoff and drainage associated with storm events an(
snow melt that flows across a surface to the Stormwater Conveyance System or Receivin!
Waters.
For the purposes of this chapter, stormwater runoff and drainage from areas that are in i
natural state, have not been significantly disturbed or altered, either directly or indirectly, as i
result of human activity, and the character and type of pollutants naturally appearing in the
runoff have not been significantly altered, either directly or indirectly, as a result of humar
activity, shall be considered "unpolluted" and shall satisfy the definition of "stormwater" in this
chapter.
X. "Stormwater Conveyance System" means private, natural and publicly owned facilities
within the City of Carlsbad by which Stormwater may be conveyed to Receiving Waters of the
United States, including any roads with drainage systems, streets, catch basins, curbs, gutters
ditches, pipes, natural and man-made channels or storm drains.
Y. "Stormwater Pollution Prevention Plan" means a document which describes the on-site
program activities to eliminate or reduce to the maximum extent practicable, pollutan
discharges to the stormwater conveyance system primarily through the application and use 01
BMPs.
A Stormwater Pollution Prevention Plan prepared and implemented pursuant to an)
NPDES Stormwater Permit shall meet the definition of a stormwater pollution prevention plan fol
the purposes of this chapter. Z. "System" means "Stormwater Conveyance System", as defined herein.
AA. "Wet Season" means the period of time between October 1 through April 30.
BB. "Wetlands" means areas that are inundated or saturated by surface or ground waters
at a frequency and duration sufficient to support, and that under normal circumstances dc
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas.
SECTION 3: That Title 15, Chapter 15.12 of the. Carlsbad Municipal Code is
amended by the amendment of Section 15.12.040 to read as follows:
15.12.040 Applicability
This chapter shall be interpreted to assure consistency with the requirements of the federal
Clean Water Act and acts amendatory thereof or supplementary thereto, applicable
implementing regulations, and California Regional Water Quality Control Board NPDES Permit
No. CAS0108758, Order 2001-01 and any amendment, revision or reissuance thereof.
SECTION 4: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 15.12.050 to read as follows:
15.12.050 Prohibited Discharges.
The discharge of non-stormwater discharges to the stormwater conveyance system or to any
other conveyance system which discharges into receiving water is prohibited, except as
specified below:
SECTION 5: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 15.12.055 to read as follows:
15.12.055. Exemptions from Discharge Prohibitions.
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NPDES permit issued to the discharger and administered by the state of California pursuant to
A. The prohibition on discharges shall not apply to any discharge regulated under a
Chapter 5.5, Division 7. of the California Water Code, provided that the discharger is in
of compliance with such permit may be required in a form acceptable to the city prior to or as a
compliance with all requirements of the permit and other applicable laws and regulations. Proof
condition of a subdivision map, site plan, building permit, or development improvement plan;
upon inspection of the facility; during any enforcement proceeding or action; or for any other
reasonable cause.
B. Discharges from the following activities will not be considered a source of pollutants to
the stormwater conveyance system or receiving waters and are exempt from the definition of
non-stormwater discharge when properly managed as required by applicable federal, state and
local laws, regulations or codes:
2. landscape irrigation and lawn watering;
1. water line flushing;
3. diverted stream flows;
4. rising ground waters or springs;
5. uncontaminated pumped ground water not subject to any applicable NPDES
6. discharges from potable water sources other than water main breaks;
7. foundation and footing drains;
8. air conditioning condensation;
9. natural springs;
IO. water from crawl space pumps;
11. individual residential car washing; 12. flows from riparian habitats and wetlands;
13. dechlorinated swimming pool discharges
14. fire fighting
permit;
official, the county health officer, the Regional Water Quality Control Board, or US.
C. The prohibition of discharges shall not apply to any discharge which the enforcement
Environmental Protection Agency determines in writing are necessary for the protection of the
environment, water quality, and public health and safety.
SECTION 6: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 15.12.060 to read as follows:
Any discharge that would result in or contribute to a violation of California Regional Water
Quality Control Board NPDES Permit No. CASOl08758, Order 2001-01 and any amendment,
discharges, is prohibited. Liability for any such discharge shall be the responsibility of the revision or reissuance to it, either separately considered or when combined with other
person(s) causing or responsible for the discharge.
15.12.060 Discharge in violation of permit.
SECTION 7: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 15.12.080 to read as follows:
15.12.080 Reduction of pollutants contacting or entering stormwater required.
A. It is unlawful for any person not to utilize best management practices to the maximum
extent practicable to eliminate or reduce pollutants entering the city's stormwater conveyance
system.
B. In order to reduce the risk of contamination of stormwater and the discharge of non-
stormwater or pollutants to the city's stormwater conveyance system, the enforcement official
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may require the person conducting the following activities to implement best managemen
practices to the maximum extent practicable:
1. Automobile, airplane, boat, and/or vehicle, repair, service, fueling
maintenance, washing, storage, and/or parking;
such as, pesticides, herbicides, and fertilizers;
2. Landscape and garden care activities including application of related products
3. Building repair and maintenance, including, but not limited to: cement mixing
repair or cutting, masonry, painting and/or coating
4. Impervious surface or building washing or cleaning, including power washinc
or steam cleaning;
5. Storage and disposal of household hazardous waste (e.g. paints, cleanins
products, pesticides, herbicides);
6. Disposal of pet waste;
7. Storage and disposal of green waste;
8. Mobile carpet, drape or furniture cleaning;
9. Pool, spa, Jacuzzi, or fountain cleaning, servicing, or repair;
10. Pest control
11. Plant growing including: farmland, fields, nurseries, greenhouses, and/or
botanical gardens.
C. Persons conducting an activity or activities that the enforcement official determines
may contribute a significant amount of pollutant load to the stormwater conveyance system,
and/or is tributary to a Clean Water Act section 303(d) impaired water body, where the site or
source generates pollutants for which the water body is impaired; and/or any person within or
directly adjacent to or discharging directly to a coastal lagoon or other receiving water may also
be subject to Section B
D. Stormwater Pollution Prevention Plan. When the enforcement official determines that a
person in the course of conducting a business-related activity causes, has the potential to
cause, or contributes to a violation of the water quality standards set forth in the San Diego
Basin plan or California Ocean waters plan, or conveys pollutants to receiving waters that may
cause or contribute to the deterioration of water quality, then the enforcement official may
require the person to develop and implement a stormwater pollution prevention plan (SWPPP)
that includes the implementation and use of Best Management Practices, and an employee
training program. This section applies, but is not limited to:
1. Persons conducting maintenance, storage, manufacturing, assembly,
equipment operations, vehicle loading, and/or cleanup activities partially or wholly out of doors;
2. Persons conducting automobile, airplane, boat, and/or equipment mechanical
service, repair, maintenance, fueling, cleaning and/or parking; marinas; mobile automobile or
furniture cleaning; pest control services; eating and drinking establishments; cement mixing,
other vehicle washing and/or parking; retail or wholesale fueling; mobile carpet, drape or
repair or cutting; masonry; painting and coating; surface or building washing or cleaning
services, including power washing or steam cleaning; botanical or zoological gardens and
exhibits; landscaping; nurseries and greenhouses; golf courses, parks and other recreational
areadfacilities; cemeteries; pool and fountain cleaning; port-a-potty servicing;
but not limited to, service station pavements or paved private streets and roads) used for
3. Persons owning or operating a parking lot or an impervious surface (including,
automobile-related or similar purposes shall clean those surfaces as frequently and as
thoroughly as is necessary, in accordance with best management practices, to prevent the
discharge of pollutants to the city's stormwater conveyance system. Sweepings or cleaning
residue from parking lots or impervious surfaces shall not be swept or otherwise made or allowed
to go into any stormwater conveyance, gutter, or roadway, but must be disposed of in
accordance with regional solid waste procedures and regulations.
Persons owning or operating a parking lot or impervious surfaces used for similar
purposes shall clean those structures thoroughly as is necessary to prevent the discharge of
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pollutants to the stormwater conveyance system to the maximum extent practicable, but not less
than once prior to each wet season. Sweepings or cleaning residue from parking lots or saic
impervious surfaces shall not be swept or otherwise made or allowed to go into the gutter 01
roadway.
Any person engaged in development, grading or construction in the city of Carlsbad shall utilize
best management practices to prevent pollutants from entering the stormwater conveyance
system by complying with all applicable local ordinances, including the Grading and Erosion
Control Section 15.16 of the Carlsbad Municipal Code, the standard specifications for public
works construction when performing public work, and applicable provisions of the NPDES
General Permit for Stormwater Discharges Associated with Construction Activity issued by the
State Water Resources Control Board (Permit No. 99-08-DWQ NPDES General Order No.
CASOOOOO2), and California Regional Water Quality Control Board NPDES No. CAS0108758,
Order No. 2001-01, and any subsequent amendments.
In order to reduce the risk of contamination of stormwater and the discharge of non-
stormwater or pollutants to the city's stormwater conveyance system, the enforcement official
may require the person conducting the development, grading or construction activities to
implement a pollution prevention plan and/or best management practices to the maximum
extent practicable.
E. No person shall stand or park any vehicle on any street for the purpose of washing,
greasing, repairing, and/or maintaining the vehicle, except for repairs necessitated by an
emergency.
F. No person shall stand or park any vehicle on any street, if such vehicle is determined
by the enforcement official to be leaking fluids such as oils or other fluids that contribute or have
the potential to contribute a significant amount of pollutants to the stormwater conveyance
system and/or the receiving waters.
In order to reduce the risk of contamination of stormwater and the discharge of non-stormwater
or pollutants to the city's stormwater conveyance system, the enforcement official may require
the person conducting other activities not listed in sections B. C and D above, to implement best
management practices to the maximum extent practicable, if the enforcement official determines
that the activity has the potential to discharge pollutants or is know discharge pollutants to the
stormwater conveyance system or receiving waters.
D. Development, Grading or Construction Activities
G. Other activity not covered by sections B, C, D, E and F of this Section.
SECTION 8: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 15.12.090 to read as follows:
15.12.090 Stormwater conveyance system protection.
Every person owning property through which a stormwater conveyance system passes, and
such person's lessee or tenant, shall keep and maintain that part of the System within the
property free of trash, debris, excessive vegetation, and other obstacles which would pollute,
contaminate or significantly retard the flow of water through the system
Every person shall maintain existing privately owned stormwater conveyance structures within
or adjacent to a system, so that such structures will not become a hazard to the use, function or
physical integrity of the system;
Every person shall not remove healthy bank vegetation beyond that actually necessary for,such
maintenance which shall be accomplished in a manner that minimizes the vulnerability of the
system to erosion; and shall be responsible for maintaining that portion of the system that is
within their property lines in order to protect against erosion and degradation of the system
originating or contributed from their property.
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No person shall commit or cause to be committed any of the following acts, unless a written
permit has first been obtained from the enforcement official, and the appropriate state or federal
agencies, if applicable:
A. Discharge pollutants into or connect any pipe or channel to the system;
B. Modify the natural flow of water in a system;
C. Carry out developments within thirty feet of the center line of any system or twenty feet
of the edge of a system, whichever is the greater distance;
D. Deposit in, plant in, or remove any material from a system including its banks except
as required for necessary maintenance;
E. Construct, alter, enlarge, connect to, change or remove any structure in a system; or
F. Place any loose or unconsolidated material along the side of or within a system or so
close to the side as to cause a diversion of the flow, or to cause a probability of such material
being carried away by stormwaters passing through such a system.
G. The above requirements do not supersede any requirements set forth by the California
Department of Fish and Game Stream Alteration Permit process.
SECTION 9: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
amended by the amendment of section 15.12.100 to read as follows:
15.12.100 Authority to inspect.
A. During normal and reasonable hours of operation, the enforcement ofticial shall have
the authority to conduct an inspection to enforce the provisions of this chapter, and to ascertain
whether the purposes of this chapter are being met. An inspection may be made after the
designated representative of the city of Carlsbad has presented proper credentials and the
owner, occupant, and or facility operator authorizes entry. If the city of Carlsbad representative
is unable to locate the owner or other persons having charge or control of the premises, or the
owner, occupant, and/or facility operator refuses the request for entry, the city of Carlsbad is
empowered to seek assistance from any court of competent jurisdiction in obtaining entry.
During the inspection, the enforcement official shall comply with all reasonable security,
safety, and sanitation measures. In addition, the enforcement official shall comply with
reasonable precautionary measures specified by the owner, occupant and/or facility operator.
After obtaining legal entry, the representative of the city of Carlsbad may:
1. Inspect the premises at all reasonable times.
2. Carry out any sampling activities or install devices to conduct sampling or
metering operations necessary to enforce this chapter, including taking samples from the
property of any person which any authorized representative of the city of Carlsbad reasonably
believes is currently, or has in the past, caused or contributed to causing an illegal stormwater
discharge to the stormwater conveyance system. Upon request by the property owner or hidher
authorized representative, split samples shall be given to the person from whose property the
samples were obtained. 3. Conduct tests, analyses and evaluations to determine whether a discharge of
storm-water is an illegal discharge or whether the requirements of this chapter are met.
4. Photograph any effluent stream, material or waste, material or waste
container, container label, vehicle, waste treatment process, waste disposal site connection, or
condition believed to contribute to stormwater pollution or constitute a violation of this chapter.
5. Review and obtain a copy of the stormwater pollution prevention plan, the
Hazardous Materials Release Response Plan and Inventory, and/or any other documents,
permits, manifests, logs or records that may be required of the facility from local, state or federal
laws, regulations or codes in order to conduct operations or business on the premises.
for a period not to exceed thirty (30) days.
6. Require the facility operator to retain evidence, as instructed by the inspector,
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7. Review and obtain copies of all stormwater monitoring data compiled by the
facility, if such monitoring is required of the facility.
SECTION 10: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
amended by the amendment of section 15.12.1 10 to read as follows:
15.12.110 Containment, cleanup, and notification of spills.
Any person owning or occupying any premises who has knowledge of any release of significant
quantities of materials, pollutants, or waste which may result in pollutants or non-stormwater
discharges entering the city's stormwater conveyance system shall immediately take all
reasonable action to contain, minimize, and clean up such release. Such person shall notify the
city of Carlsbad of the occurrence and any other appropriate agency of the occurrence as soon
as possible, but no later than twenty-four (24) hours from the time of the incident's occurrence.
SECTION 11: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 15.12.120 to read as follows:
A. The enforcement official may require that any person engaged in any activity andlor
5.12.120 Testing, monitoring or mitigation requirements.
owning or operating any facility which causes or contributes to stormwater pollution or
contamination. illegal discharges, prohibited discharges and/or discharge of non-stormwater to
the stormwater conveyance system perform monitoring, including physical and chemical
monitoring and/or analyses and furnish reports as the enforcement official may specify if:
1. The person, or facility owner or operator, fails to eliminate illegal or prohibited
discharges within a specified time after receiving a written notice to do so by the enforcement
official.
2. The enforcement official has documented repeated violations of this chapter
by the person or facility owner or operator which has caused or contributed to stormwater
pollution.
It is unlawful for such person or facility owner or operator to fail or refuse to undertake and
provide the monitoring, analyses, and/or reports specified. Specific monitoring criteria shall bear
facility's operations. If the enforcement agency has evidence that a pollutant is originating from a
a relationship to the types of pollutants which may be generated by the person's activities or the
specific premises, then the enforcement agency may require monitoring for that pollutant
regardless of whether said pollutant may be generated by routine activities or operations. The
person or facility owner or operator shall be responsible for all costs of these activities, analyses
and reports.
B. Any persons required to monitor pursuant to subsection A of this section, shall
implement a stormwater monitoring program including, but not limited to, the following:
1. Routine visual monitoring for dry weather flows.
2. Routine visual monitoring for spills which may pollute stormwater runoff.
3. A monitoring log including monitoring date, potential pollution sources, as
noted in subsections 1 and 2 of this section, and a description of the mitigation measures taken
to eliminate any potential pollution sources.
implement stormwater pollution reduction or control measures, including, but not limited to,
C. The enforcement official may require a person, or facility owner or operator, to install or
process modification to reduce the generation of pollutants if:
1. The person, or facility owner or operator fails to eliminate illegal or prohibited
discharges after receiving a written notice from the enforcement official.
2. The person, or facility owner or operator, fails to implement a stormwater
pollution prevention plan, as required by the enforcement official.
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3. The enforcement official has documented repeated violations of this chaptei
any such person or facility owner or operator which has caused or contributed to stormwatel
pollution.
D. If testing, monitoring or mitigation required pursuant to this chapter are deemed nc
longer necessary by the enforcement official, then any or all of the requirements contained ir
subsections A, 6, and C of this section, may be discontinued.
E. A stormwater monitoring program prepared and implemented pursuant to any state.
issued NPDES General Permit shall be deemed to meet the requirements of a monitorins
program for the purposes of this chapter.
I SECTION 12: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
' amended by the amendment of Section 15.12.140 to read as follows:
15.12.140 Administrative code enforcement powers and procedures
The enforcement agency and enforcement official can exercise any code enforcement powers
and procedures as provided in Title 1 of this code. In addition to the general enforcement
powers and procedures provided in Title 1 of this code, the enforcement agency and
enforcement official have the authority to utilize the following administrative remedies as may be
necessary to enforce this chapter:
A. Cease and Desist Orders. When the enforcement official finds that a discharge has
taken place or is likely to take place in violation of this chapter, the enforcement official may
issue an order to cease and desist such discharge, practice, or operation likely to cause such
discharge and direct that those persons not complying shall:
1. Comply with the applicable provisions and policies of this chapter.
2. Comply with a time schedule for compliance.
3. Take appropriate remedial or preventive action to prevent the violation from
recurring.
6. Notice to Clean, Test and/or Abate. Whenever the enforcement official finds any oil,
any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of
earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of
land or grounds, which may result in an increase in pollutants entering the city's stormwater
conveyance system or a non-stormwater discharge to the city's stormwater conveyance system,
the enforcement official may issue orders and give written notice to remove same in any
reasonable manner. The recipient of such notice shall undertake the activities as described in
the notice.
C. Stop Work Orders. Whenever any work is being done contrary to the provisions of this
Ordinance, the enforcement official may order the work stopped by notice in writing served on
any person engaged in performing or causing such work to be done, and any such person shall
immediately stop such work until authorized by the enforcement official to proceed with the
work. D. Permit or License Suspension, Denial or Revocation. Violations of this Ordinance may
be grounds for permit or license suspension or revocation.
E. Civil Penalties. Any person who violates any of the provisions of this chapter or who
fails to implement a stormwater monitoring plan, violates any cease and desist order or notice to
directed by the enforcement official shall be liable for a civil penalty not to exceed two thousand
clean and abate, or fails to adopt or implement a stormwater pollution prevention plan as
five hundred ($2,500) dollars for each day such a violation exists. The violator shall be charged
for the full costs of any investigation, inspection, or monitoring survey which led to the detection
of any such violation, for abatement costs, and for the reasonable costs of preparing and
bringing legal action under this subsection. In addition to any other applicable procedures, the
enforcement agency may utilize the lien procedures listed in Section 15.12.150(F) to enforce the
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violator's liability. The violator may also be liable for compensatory damages for impairment,
loss or destruction to water quality, wildlife, fish and aquatic life.
F. The enforcement official shall take all appropriate legal steps to collect these
obligations, including referral to the city attorney for commencement of a civil action to recover
said funds. If collected as a lien, the enforcement official shall cause a notice of lien to be filed
with the county recorder, inform the county auditor and county recorder of the amount of the
obligation, a description of the real property upon which the lien is to be recovered, and the
official shall file a release of lien with the county recorder.
name of the agency to which the obligation is to be paid. Upon payment in full, the enforcement
G. Environmental Code Enforcement Civil Penalties Fund. Civil penalties collected
pursuant to this Chapter shall be deposited in the Environmental Code Enforcement Civil
Penalties Fund as established by the City Manager for the enhancement of the City's code
enforcement efforts, environmental public outreach or education, environmental improvement
the hearing process that are not paid by the responsible person or violator. Civil penalties
grants, and/or to reimburse City Departments for investigative costs and costs associated with
deposited in this fund shall be appropriated and allocated in a manner determined by the City
Manager. The City Auditor shall establish accounting procedures to ensure proper account
identification, credit and collection.
SECTION 13: That Title 15. Chapter 15.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 15.12.160 to read as follows:
15.12.160 Judicial enforcement
A. Criminal Penalties. Any person who violates any provision of this chapter or who fails
to implement a storm water monitoring plan, violates any cease and desist order or notice to
clean and abate, or fails to adopt or implement storm water pollution prevention plans or
employee training programs as directed by the enforcement official shall be punished, upon
conviction, by a fine not to exceed one thousand dollars for each day in which such violation
occurs, or imprisonment in the San Diego County jail for a period not to exceed six months, or
both.
B. Injunction/Abatement of Public Nuisance. Whenever a discharge into the storm water
conveyance system is in violation of the provisions of this chapter or otherwise threatens to
cause a condition of contamination, pollution, or nuisance, the enforcement official may also
cause the city to seek a petition to the Superior Court for the issuance of a preliminary or
permanent injunction, or both, or an action to abate a public nuisance, as may be appropriate in
restraining the continuance of such discharge.
C. Other Civil Action. Whenever a notice and order or hearing officer's decision is not
complied with, the city attorney may, at the request of the enforcement official, initiate any
appropriate civil action in a court of competent jurisdiction to enforce such notice and order and
decision, including the recovery of any unpaid storm drain fees andlor civil penalties provided herein.
(Ord. NS-394 § 2 (part), 1997)
SECTION 14: That Title 15, Chapter 15.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 15.12.170 to read as follows:
15.12.170 Violations deemed a public nuisance.
In addition to the other civil and criminal penalties provided herein, any condition caused or
permitted to exist in violation of any of the provisions of this chapter is a threat to the public
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health, safety, and welfare and is declared and deemed a public nuisance, which may bc
summarily abated and/or restored as directed by the enforcement official in accordance with thf
procedures identified in Chapter 6.16. A civil action to abate, enjoin or otherwise compel the
cessation of such nuisance may also be taken by the city, if necessary.
The full cost of such abatement and restoration shall be borne by the owner of thf
set forth in Section 15.12.150(F).
property and shall be a lien upon and against the properly in accordance with the procedure5
EFFECTIVE DATE: This ordinance shall be effective thirty days after it:
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad withir
fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be
effective within the City's Coastal Zone until approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad Cit)
Council on the 19th day of FEBRUARY 2002, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City 01
Carlsbad on the __ day of 2002, by the following vote, to wit:
AYES:
I1 NOES:
II ABSENT: ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
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ORDINANCE NO. NS-625
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD. CALIFORNIA AMENDING VARIOUS SECTIONS OF
CHAPTER 10.40 OF TITLE 10 (VEHICLE AND TRAFFIC
ORDINANCE) AND CHAPTERS 6.08,6.12 AND 6.16 OF TITLE 6
(HEALTH AND SANITATION ORDINANCE) AND TITLE 1
(GENERAL PROVISIONS) CHAPTER 1.08.020 OF THE
CARLSBAD MUNICIPAL CODE TO IMPLEMENT NEW
STORMWATER PROTECTION REQUIREMENTS OF THE SAN
DIEGO REGIONAL WATER QUALITY CONTROL BOARD SAN
DIEGO MUNICIPAL STORM WATER PERMIT (ORDER NO.
2001-01).
CASE NAME: NPDES STORMWATER UPDATE
CASE NO.: MCA 02- 01
The City Council of the City of Carlsbad. California, does ordain as follows:
SECTION 1: That Title 10, Chapter 10.40 of the Carlsbad Municipal Code is
amended by the amendment of Section 10.40.015 to read as follows:
10.40.015 Prohibited purposes for parking on roadway.
(a) No person shall stand or park any commercial vehicle on any street for
zones as provided in Section 10.40.185.
the purpose of loading or unloading any merchandise or goods except in authorized loading
(b) (1) No person shall stand or park any vehicle,on any street or public right-of-
way when it appears because of a sign or. placard on the vehicle that the primary purpose of
parking the.vehicle at that location is to advertise to the public the private sale of that vehicle.
directing traffic or enforcing parking laws and regulations of the city may remove a vehicle
(2) Any peace officer or regularly employed and salaried employee engaged in
located within the territorial limits in which the officer or employee may act when the vehicle is
found upon a street or public lands if:
(A) Because of a sign or placard on the vehicle it appears that the primary purpose of
parking the vehicle at that location is to advertise to the public the private sale of that vehicle;
and
(B) Within the past thirty days the vehicle is known to have been previously issued a
notice of parking violation, under subsection (b)(l) of this section which was accompanied by a
notice containing all of the following:
(i) A warning that an additional parking violation may result in the impoundment of
the vehicle,
(ii) A warning that the vehicle may be impounded pursuant to Vehicle Code
Section 22651.9, even if moved to another street, so long as the signs or placards offering the
vehicle for sale remain on the vehicle,
(iii) A statement that all city streets and public lands are subject to the provisions
of Section 10.40.015(b)(l) and (2);
(C) The notice of parking violation was issued at least twenty-four hours prior to the
removal of the vehicle;
(D) Vehicle Code Section 22852, incorporated herein by reference, applies to the
removal of any vehicle pursuant to this section.
SECTION 2: That Title 6, Chapter 6.08 of the Carlsbad Municipal Code is
amended by the amendment of Section 6.08.010 (1 1) to read as follows: .,. ~ ,
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! 11. "Director" means a city department director or authorized other designee.
SECTION 3: That Title 6, Chapter 6.08 of the Carlsbad Municipal Code is
amended by the amendment of Sections 6.08.010 (18 - 26) to read as follows:
18. "Pollutants" means and includes, but is not limited to, solid waste, sewage, garbage,
medical waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock,
sand, sediment, silt, industrial waste, and any organic or inorganic substance defined as a
pollutant under 40 C.F.R. 122.2 whose presence degrades the quality of the Receiving Waters
in violation of Basin Plan and California Ocean plan standards such as fecal coliform, fecal
streptococcus, enterococcus, volatile organic carbon, surfactants, oil and grease, petroleum
hydrocarbons, total organic carbon, lead, copper, chromium, cadmium, silver, nickel, zinc,
cyanides, phenols, fertilizers, pesticides, herbicides and other biocides. A pollutant also
includes any contaminant which degrades the quality of the receiving waters in violation of
Basin Plan and California Ocean Plan standards by altering any of the following parameters:
pH, total suspended and settleable solids, biochemical oxygen demand (BOD), chemical
oxygen demand (COD), nutrients, temperature, and other narrative standards of the Basin
Plan.
19 "Segregate waste material" means any of the following: the placement of recyclables
in separate containers; the binding of recyclable material separately from the other waste
material; the physical separation of recyclables from other waste material.
20. "Storm Water" means surface runoff and drainage associated with storm events and
snow melt that flows across a surface to the Storm Water Conveyence System or Receiving
Waters. For the purposes of this chapter, storm water runoff and drainage from areas that are in
a natural state, have not been significantly disturbed or altered, either directly or indirectly, as a
result of human activity, and the character and type of pollutants naturally appearing in the
runoff have not been significantly altered, either directly or indirectly, as a result of human
activity, shall be considered "unpolluted" and shall satisfy the definition of "storm water" in this
chapter.
21. "Storm Water Conveyence System" means private, natural and publicly owned
facilities within the City of Carlsbad by which Storm Water may be conveyed to Receiving
Waters of the United States, including any roads with drainage systems, streets, catch basins,
curbs, gutters, ditches, pipes, natural and man-made channels or storm drains.
22. "Solid waste" means putrescible and nonputrescible solid, semisolid and liquid
wastes, generated in or upon residential or commercial premises, including garbage, trash,
refuse, paper, rubbish, ashes, industrial wastes, construction and demolition wastes,
abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered,
treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or
animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste
does not include hazardous or biohazardous waste, or biomedical waste, which are regulated
and shall be handled and disposed of pursuant to Chapters 6.03 and 6.02, respectively; or
recyclable materials sold or donated by the owner for reuse, recycling or composting, other than
by placing them for recycling in city-approved designated recycling containers at city-approved
areas for collection by the city's authorized recycling agent.
23. "Solid waste services" means the collection, transport, and disposal of solid waste
and designated recyclables, including yard waste, from residential, commercial, and industria
generators.
24. "Solid waste facility" means a solid waste transfer or processing station, a
composting facility, a transformation facility, or a disposal facility as approved by the city.
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25. "White goods" means kitchen or other large, enameled appliances.
26. "Yard wastes" means leaves, grass, weeds and wood materials from trees an(
shrubs. (Ord. NS-427 5 2 (part), 1997)
SECTION 4: That Title 6, Chapter 6.08 of the Carlsbad Municipal Code is
amended by the addition of Section 6.08.045 to read as follows:
6.08.045 Cleanliness of solid waste receptacle areas or enclosures.
No person shall allow pollutants or liquids to accumulate around solid waste enclosures
or around and/or under solid waste receptacles such that storm water will carry these pollutants
or liquids to the storm water conveyence system.
SECTION 5: That Title 6, Chapter 6.08 of the Carlsbad Municipal Code is
amended by the addition of Section 6.08.210 to read as follows:
6.08.210 Enforcement.
The director shall be responsible for the enforcement of all provisions of this chapter. Failure tc
comply with these regulations shall be an infraction. Nothing in these regulations shall preveni
the city's authorized agents or deputies from efforts to obtain compliance by way of warning,
notice of violation, educational means or other civil or administrative remedies available under
this code or other applicable law. (Ord. NS-427 § 2 (part), 1997)
SECTION 6: That Title 6, Chapter 6.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 6.12.030 to read as follows:
6.12.030 Accumulation prohibited--Exceptions.
No person shall accumulate junk:
the owner of such lot to do so;
Section 6.12.040;
(1) On any lot that is not in his ownership or possession, unless he has permission from
(2) On any lot used for residential purposes, unless done in strict compliance with
(3) On any parcel of land adjacent to a lot used for residential purposes, except:
(A) As a part of and incident to a lawfully established and conducted commercial
(B) When done in strict compliance with Section 6.12.040.
or industrial enterprise; or
(4) On any lot or parcel that is not in strict compliance with Chapter 15.12 Storm Water
Management and Discharge Control.
SECTION 7: That Title 6, Chapter 6.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 6.12.040 to read as follows:
6.12.040 Regulations for accumulation.
(a) No person shall accumulate junk or permit junk to be accumulated on a lot
used for residential purposes or on a lot adjacent to a lot used for residential purposes except in
agricultural zones:
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(1) Within four feet of any building or structure, except that junk may be accumulatec
within two feet of a fence or wall which is constructed of nonflammable material and is not use(
for structural support of a building;
(2) Within fifteen feet of any rear lot line;
(3) Within ten feet of any side lot line;
(4) In the front yard or in the street side yard of a corner lot.
(b) No person shall accumulate junk, or permit junk to be accumulated on a lo
(1) The accumulation shall not be maintained so as to be conducive to the breeding
(2) The accumulation shall not be strewn about or maintained in an unsightly condition;
(3) The accumulation shall be maintained so as not to constitute a fire hazard;
(4) Any accumulation of junk maintained on a lot for more than thirty days shall, from anc
(5) The accumulation shall be maintained so as not to constitute a danger or potentia
(6) The accumulation shall not be a source of pollutants to storm water or the storm
that is used for residential purposes, except in accordance with all of the following regulations:
shelter or harborage of insects, rodents, vermin or pests;
after the thirtieth day of such accumulation, be stored in opaque containers;
danger to the public health, safety or welfare. (Ord. 5039 § 3)
water conveyance system as defined in Chapter 15.12.
SECTION 8: That Title 6, Chapter 6.12 of the Carlsbad Municipal Code is amended by
the amendment of Section 6.12.070 to read as follows:
6.12.070 Violation determination.
The director shall determine whether or not a person is accumulating junk in such a
manner as to constitute a violation of this chapter. In making such determination, the director
may consider the nature, size and extent of the accumulation; the length of time the
accumulation has been permitted to remain, whether, and to what extent the accumulation is
detrimental to the public health, safety and welfare; and whether any unusual conditions exist
that would render the disposal of such junk in a lawful manner a hardship. (Ord. NS-176 § 5
(part), 1991; Ord. 1261 § 9 (part), 1983; Ord. 5039 § 6)
SECTION 9: That Title 6, Chapter 6.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 6.12.080 to read as follows:
6.12.080 Notice of violation--.Service to owner--Form.
If the director determines that an accumulation of junk exists in violation of this chapter,
he shall give a written notice and order to the owner or to the occupant of the premises or, if
such person cannot be located on the premises, to any person over the age of eighteen years
who is apparently in possession of the premises or, if there is no such person, then by mailing
such written notice and order, postage prepaid, return receipt requested, to the
person shown to be the owner by the latest equalized assessment roll or any more recent
record in the office of the county assessor. Such written notice and order shall be substantially
in the following form: You are hereby informed that the Director of the City of Carlsbad has
determined that there is an unlawful accumulation of junk, contrary to Ordinance #
, on the following premises:
SECTION IO: That Title 6, Chapter 6.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 6.12.100 to read as follows:
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6.12.100 Hearing and findings--Enforcement.
Within a period of three days (exclusive of Saturdays, Sundays and holidays) following the
service of written notice and order by the director pursuant to Section 6.12.080 the persor
ordered to remove the accumulation of junk may file with the city clerk a written appeal from
such notice and order. Such appeal shall contain the appellant’s name, mailing address and i
general statement of exceptions taken by the appellant to the notice and order. Upon receipt 01
an appeal, the city clerk shall immediately notify the director and shall set such appeal foi
hearing before the city council. Such clerk shall forthwith give written notice of the time, date
and place of hearing to the director and shall send a copy of such notice through the United
States mail to the appellant at the address specified in the appeal. At the time, date and place
indicated, the director shall produce evidence of the existence of the unlawful accumulation oi
junk which is the subject of his notice and order. The appellant may likewise produce relevant
evidence. The city council shall consider all relevant evidence produced at such hearing, and il
it finds by the preponderance of the evidence that there is in fact an unlawful accumulation 01
junk, it may declare the same to be a public nuisance. The determination that such
accumulation of junk constitutes a public nuisance shall be supported by such findings as are
necessary and proper, which findings need not be reduced to writing unless the appellant so
requests at the hearing. Upon determining that a public nuisance exists, the city council may
order the abatement thereof upon such terms and conditions as it deems reasonable and just
under the circumstances, or it may modify or affirm the notice and order made by the director. If
the city council does not find that a public nuisance exists, it shall vacate the order of the
director, in which event the city council need not make findings. In the event that the city council
determines that a public nuisance exists and orders the abatement thereof, the director shall
serve the order of abatement in the manner described in Section 6.12.080, shall enforce the
order, may supervise the abatement of the nuisance, if he deems it necessary to do so, and
may make such further orders in furtherance of such order of abatement as he deems
necessary under the circumstances. Fees for filing an appeal under this section shall be
established by resolution of the city council.
SECTION 11: That Title 6, Chapter 6.12 of the Carlsbad Municipal Code is
amended by the amendment of Section 6.16.010 to read as follows:
6.16.010 Defined.
The existence of real property within the city:
A. In a condition which is adverse or detrimental to public peace, health, safety, the
environment, or general welfare; or
dangerous or in a condition of deterioration or disrepair so that the same will, or may cause
6. Which is maintained so as to permit the same to become so defective, unsightly,
harm to persons, or which will be materially detrimental to property or improvements located in
the immediate vicinity of such real property; is declared to constitute a public nuisance.
SECTION 12: That Title 1, Chapter 1.08 of the Carlsbad Municipal Code is
amended by the amendment of Section 1.08.020 as follows:
1.08.020 Enforcement by City Manager.
(a) The City Manager or hislher designee is authorized, pursuant to Penal Code
Section 836.5, to arrest any person, without a warrant, whenever said employee has reasonable
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cause to believe that the person to be arrested committed an infraction or misdemeanor, in saic
7.04, 7.12, 10.52, 11.08, 11.12, 11.16, or 11.36 or Sections 8.28.010, 8.28.030 or 10.40.075 01
employee's presence, which is a violation of Titles 6, 13, 15, 18 or 21, Chapters 5.04, 5.24,
this code, or any uncodified building or zoning ordinance of the city.
arrest described in subsection (a) of this section if the employee has completed an introductop
(b) The City Manager may deputize any city employee to exercise the power 01
course of training prescribed by the Commission on Peace Officer Standards and Training
employee to carry a firearm. (Ord NS-395 5 1, 1996; Ord. 197 5 1, 1992)
pursuant to Penal Code Section 832. Nothing in this section authorizes any deputized
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be
effective within the City's Coastal Zone until approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 19th day of FEBRUARY 2002. and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the __ day of 2002, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
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RESOLUTION NO. 2002-061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AMENDMENT AND A LOCAL COASTAL PROGRAM
CARLSBAD, CALIFORNIA, APPROVING A GENERAL PLAN
AMENDMENT TO . IMPLEMENT NEW STORMWATER
PROTECTION REQUIREMENTS OF THE SAN DIEGO
REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO
CASE NAME: NPDES STORMWATER UPDATE
CASE NO.: GPA O1-15/LCPA 01-15
The City Council of the City of Carlsbad, California, does hereby resolve as
MUNICIPAL STORM WATER PERMIT (ORDER NO. 2001-01).
follows:
WHEREAS, the Planning Commission did on January 2, 2002, hold a duly
noticed public hearing as prescribed by law to consider General Plan Amendment 01-15, Zone
Code Amendment 01-08 and Local Coastal Program Amendment 01-15 and adopted Planning
Commission Resolutions No. 5129, 5130 and 5131 recommending to the City Council that they
be approved; and
WHEREAS, the City Council did on the 19th day of FEBRUARY
2002, hold a duly noticed public hearing as prescribed by law to consider the General Plan
Amendment, GPA 01-15 and Local Coastal Program Amendment, LCPA 01-15, and;
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
relating to the General Plan Amendment and Local Coastal Program Amendment.
The City Council of the City of Carlsbad, California does hereby resolve as
follows:
1. That the above recitations are true and correct.
2. That the findings of the Planning Commission in Resolutions No. 5129
and 5131 constitute the findings of the City Council in this matter.
3. That the Local Coastal Program Amendment, LCPA 01-15, is approved
as shown in Planning Commission Resolution No. 5131, on file with the City Clerk and
incorporated herein by reference .
4. The recommendation of the Planning Commission for a General Plan
Amendment, as shown in Planning Commission Resolution No. 5129, is hereby accepted,
approved in concept and shall be formally approved in connection with General Plan
Amendments GPA 99-03 and GPA 01-06. 3/
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EFFECTIVE DATE: "This resolution shall be effective upon its adoption, except
for the General Plan Amendment which shall be effective 30 days after its adoption."
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 19th day of FEBRUARY 2002, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ABSENT: None
ATTEST:
. WOOD, City Clerk
(SEAL)
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2E
EXHBIT 3
PLANNING COMMISSION RESOLUTION NO. 5129
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE OPEN SPACE
AND CONSERVATION AND CIRCULATION ELEMENTS OF
THE GENERAL PLAN TO ADD NEW WATER QUALITY
PROTECTION POLICIES CONSISTENT WITH THE SAN
DIEGO REGIONAL WATER QUALITY CONTROL BOARD
SAN DIEGO MUNICIPAL STORMWATER PERMIT (ORDER
CASE NAME: NPDES STORMWATER WDATE
CASE NO: GPA 01-15
WHEREAS, the Planning Director has filed a verified application with the City
NO. 2001-01).
of Carlsbad regarding property described as citywide, (“the Property”); and
WHEREAS, said verified application constitutes a request for a General Plan
Amendment as shown on Exhibit “X” dated January 2,2002, attached hereto and on file in the
Carlsbad Planning Department, NPDES STORMWATER UPDATE - GPA 01-15 as provided
in Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on the 2nd day of January, 2002,
hold a duly noticed public hearing as prescribed by law to consider said request;
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the General Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of NPDES STORMWATER UPDATE - GPA
01-15, based on the following findings:
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Findinps:
1. Tha kt the proposed General Plan Amendment, NPDES STORMWATER UPDATE,
GPA 01-15, is consistent with Regional Water Quality Control Board Order No.
2001-01 in that these proposed policies are included in Order 2001-01 as examples of
water quality and watershed protection policies to be included in each CO-
permittee’s General Plan.
2. The newhevised water quality and watershed protection General Plan policies
supplement existing Water Quality Protection policies (which are contained in the
Open Space and Conservation Element). The new land development policies will
encourage the protection and enhancement of receiving waters and other
environmentally sensitive areas and are therefore consistent with the General Plan.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of January 2002 by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Compas, Dominguez,
Heineman, Nielsen, and Segall
NOES: None
ABSENT: Commissioner Baker
ABSTAIN: None
SEENA TRIGAS, Chai
CARLSBAD PLANNING COMMISSION
ATTEST: -
MICHAEL J. H~LZ~~ILLER
Planning Director
PC RES0 NO. 5129 -2-
Exhibit “X”
January 2,2002
Open Suace and Conservation Element
WATER QUALITY PROTECTION
C. IMPLEMENTING POLICIES AND ACTION PROGRAMS
C.1. Develop and implement a Jurisdictional Urban Runoff Management Program
(JURMP) consistent with the Regional Water Quality Control Board Order No. 2001-01
and any subsequent amendments to it.
C.2 Adopt and implement a Master Drainage Plan and Standard Urban Stormwater
Mitigation Plan (SUSMP) consistent with the Regional Water Quality Control Board
Order No. 2001-01 and any subsequent amendments to it.
C.3. Prior to making land use decisions, utilize methods available to estimate increases in
pollutant loads and flows resulting from projected future development. The City shall
require developments to incorporate structural and non-structural Best Management
Practices (BMPs) to mitigate the projected increases in pollutant loads.
C.4 Implement water pollution prevention methods to the maximum extent practicable,
supplemented by pollutant source controls and treatment. Use small collection strategies
located at, or as close as possible to, the source (i.e,, the point where water initially meets
the ground) to minimize the transport of urban runoff and pollutants offsite and into a
municipal separate storm sewer system (MS4).
C.5 Post-development runoff from a 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.
C.6 Developments shall implement appropriate recommendations to protect water quality
found in the San Diego Association of Government’s (SANDAG’s) Water Quality
Element of its Regional Growth Management Strategy.
C.22 Development projects should be designed to comply with the following site design
principles:
1. Protect slopes and channels to decrease the potential for slopes andor
channels from eroding and impacting stormwater runoff.
2. To the extent practicable, cluster development on the least environ-
mentally sensitive portions of a site while leaving the remaining land in a
natural undisturbed condition.
35“-
3. Preserve, and where possible, create or restore areas that provide
important water quality benefits, such as riparian corridors, wetlands and
buffer zones. Encourage land acquisition of such areas.
4. Provide buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
6. Where feasible implement site desigdlandscape features to slow runoff
and maximize on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof
or awning covers) to minimize the opportunity for toxic compounds, oil
and grease, heavy metals, nutrients, suspended solids and other pollutants
from entering the storm water conveyance system.
8. Incorporate roof or awning covers over trash storage areas (i. e; with roof
or awning covers) to prevent off-site transport of trash and other pollutants
from entering the storm water conveyance system.
9. Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with
vehicles and traffic resulting from development.
Circulation Element
REGIONAL CIRCULATION CONSIDERATIONS
C. IMPLEMENTING POLICIES AND ACTION PROGRAMS
C.5 The City shall work with the adjacent communities and agencies of Oceanside,
Vista, Encinitas, San Marcos, County of San Diego, Caltrans, North County Transit
District, San Diego Association of Governments and other appropriate agencies to
coordinate local traffic management reduction efforts.
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2E
PLANNING COMMISSION RESOLUTION NO. 5130
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
ADOPTION OF A ZONE CODE AMENDMENT AMENDING
VARIOUS SECTIONS OF CHAPTERS 21.203 AND 21.205 OF
TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO
ENTS OF THE SAN DIEGO REGIONAL WATER QUALITY
IMPLEMENT NEW STORMWATER PROTECTION REQUIRE-
CONTROL BOARD SAN DIEGO MUNICIPAL STORM-
WATER ORDER NO. 200 1-0 1.
CASE NAME: NPDES STORM WATER UPDATE
CASE NO: ZCA 01-08
WHEREAS, the Planning Director, “Developer,” has filed a verified application
with the City of Carlsbad regarding property described as citywide (“the Property”); and
WHEREAS, the proposed amendment is set forth in the draft City Council
Ordinance, Exhibit “Y” dated, January 2, 2002, attached hereto NPDES STORMWATER
UPDATE - ZCA 01-08; and
WHEREAS, the Planning Commission did on the 2nd day of January, 2002,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Zone Code Amendment; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of NPDES STORMWATER UPDATE -
ZCA 01-08, based on the following findings:
Findings:
1. That the proposed Zone Code Amendment, NPDES STORMWATER UPDATE
ZCA 01-08, directly implements goals, objectives and revised policies of the General
Plan related to water quality and watershed protection.
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2. That the proposed ZCA reflects sound principles of good planning in that the proposed
water quality and water shed protection provisions, which require all development
to include adequate mitigation measures to control of urban runoff flow rates and
velocities, urban pollutants, erosion and sedimentation, in accordance with the
requirements of the City’s Grading Ordinance, Stormwater Ordinance, Standard
Stormwater Mitigation Plan (SUSMP), Jurisdictional Urban Runoff Management
Program (JURMP), Master Drainage Plan and the San Diego County Hydrology
Manual, will result in the improvement in water quality throughout the San Diego
area.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 2nd day of January 2002, by the following
vote, to wit:
AYES: Chairperson Trigas, Commissioners Compas, Dominguez,
Heineman, Nielsen, and Segall
NOES: None
ABSENT: Commissioner Baker
ABSTAIN: None
\a.” Lfbk
SEENA TRIGAS, Chairpersofd
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. H~ZMI~LER
Planning Director
PC RES0 NO. 5130 -2- 38
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PLANNING COMMISSION RESOLUTION NO. 5131
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AMENDMENTS TO FIVE SEGMENTS OF
THE CARLSBAD LOCAL COASTAL PROGRAM
(EXCLUDING THE VILLAGE REDEVELOPMENT AREA),
AND CHAPTERS 15.12, 15.16, 21.203 AND 21.205 OF THE
CARLSBAD MUNICIPAL CODE TO IMPLEMENT NEW
STORMWATER PROTECTION REQUIREMENTS OF THE
SAN DIEGO REGIONAL WATER QUALITY CONTROL
BOARD SAN DIEGO MUNICIPAL STORMWATER PERMIT
CASE NAME: NPDES STORMWATER WDATE
CASE NO: LCPA 01-15
WHEREAS, on February 21, 2001 the California Regional Water Quality
Control Board issued a National Pollution Discharge Elimination System (NPDES) permit
(Order No. 2001-01) to San Diego County, the Port of San Diego and 18 cities (including
Carlsbad) which mandates the implementation of new/revised stormwater protection
policies, procedures, requirements, standards and ordinances to reduce discharges of
pollutants and runoff flow resulting from existing and new development, consistent with
this order by February 21,2002; and
ORDERNO. 2001-01.
WHEREAS, compliance with this order necessitates amendments to
Carlsbad's Local Coastal Program; and
WHEREAS, these amendments will take the form of: 1) land use' plan
changes (grading, drainage and erosion control policy revisions) to the Mello I, Mello 11,
Agua Hedionda, East Batiquitos LagoonIHunt Properties and West Batiquitos
Lagoon/Sammis Properties segments of its Local Coastal Program (LCP), 2) amendments
to Carlsbad's Municipal Code Chapters 15.12 (Storm Water Management and Discharge
Control) and 15.16 (Grading and Erosion Control) and 3) amendments to Carlsbad's
Zoning Ordinance Chapters 21.203 (Coastal Resource Protection Overlay Zone) and
21.205 (Coastal Resource Overlay Zone Mello I LCP Segment); and
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WHEREAS, the Municipal Code/Zoning Ordinance are the implementing
ordinances for the City’s Local Coastal Program; and
WHEREAS, California State law requires that the Local Coastal Program, and
the Municipal Code/Zoning Ordinance be in conformance and therefore amendments to
the implementing ordinance also require an amendment to the Local Coastal Program to
ensure consistency between the two documents; and
WHEREAS, a verified application for an amendment to the Local Coastal
Program has been filed with the Planning Department; and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibit “Y” attached to Resolution No. 5130, dated
January 2, 2002 and “YY” dated January 2, 2002, attached hereto, as provided in Public
Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title
14 of the California Code of Regulations of the California Coastal Commission Administrative
Regulations; and
WHEREAS, the Planning Commission did on the 2nd day of January, 2002,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Local Coastal Program Amendment.
WHEREAS, State Coastal Guidelines requires a six week public review period
for any amendment to the Local Coastal Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
PC RES0 NO. 5131 -2- 40
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At the end of the State mandated six week review period, starting on December 6,
2001 and ending on January 18, 2002, staff shall present to the City Council a
summary of the comments received.
That based on the evidence presented at the public hearing, the Commission
LCPA 01-15 based on the following findings:
RECOMMENDS APPROVAL of NPDES STORMWATER UPDATE -
That the proposed Local Coastal Program Amendment meets the requirements of, and is
in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies
of the Mello I, Mello 11, Agua Hedionda, East Batiquitos and West Batiquitos
segments of the Carlsbad Local Coastal Program, in that the proposed coastal zone
grading, drainage and erosion control revisions will establish comparable and/or
more restrictive water quality protection standards and policies than currently exist
in the City’s Local Coastal Program.
The proposed Local Coastal Program Amendment will not impact coastal resources in
that the proposed grading, drainage and erosion control standards will require the
enhanced protection of all riparian, wetland and aquatic resources located in the
Coastal Zone.
That the proposed amendment to Carlsbad’s Local Coastal Program is required to
maintain consistency between the City’s Zoning Ordinance, Municipal Code and its
Local Coastal Program.
PC RESONO. 5131 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held on the 2nd day of January 2002, by the following
vote, to wit:
AYES: Chairperson Trigas, Commissioners Compas, Dominguez,
Heineman, Nielsen, and Segall
NOES: None
ABSENT: Commissioner Baker
ABSTAIN: None
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5131 -4-
Land Use - Mello I Chapter II-I
Exhibit “W”
January 2,2002
11-1 Mello I Segment - Land Use Policies
(AB 462) (Now PRC 30170) Certified 9/80 Amended 10/85
1. Standard Pacific
Policv 3 - Drainage, Erosion Control
All development must include mitigation measures for the control of urban runoff flow rates
and velocities, urban pollutants, erosion and sedimentation in accordance with the
requirements of the City’s Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP), Jurisdictional Urban Runoff Management Program
(JURMP), Master Drainage Plan, the San Diego County Hydrology Manual and the
additional requirements contained herein. @
.. Such mitigation shall become an element of the project
and shall be installed prior to the initial grading. , Mitigation shall also require
construction of all improvements shown in the Master Drainage Plan and amendments thereto
between the project site and the lagoon (including the debris basin),
$, revegetation of all graded areas immediately
after grading, and mechanism for permanent maintenance if the City declines to accept the
responsibility. Construction of drainage improvements may be through formation of an
assessment district or through any similar arrangement that allots costs among the various
landowners in an equitable manner.
..
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2. Occidental Land Inc.
Policv 2 - Drainage, Erosion Control
All development must include mitigation measures for the control of urban runoff flow rates
and velocities, urban pollutants, erosion and sedimentation in accordance with the
requirements of the City’s Grading Ordinance, Storm Water Ordinance, SUSMP, JURMP,
Master Drainage Plan, the San Diego County Hydrology Manual and the additional
requirements contained herein.
.. Such mitigation shall become an element of the project
and shall be installed prior to initial grading. Aeaffmmfttttff;-4ttek Mitigation shall also require
construction of all improvements shown in the Master Drainage Plan and amendments thereto
between the project site and the lagoon, 1
..
.. . ..
.L/3
Land Use - Mello I Chapter II-I
t, revegetation of all graded areas immediately after grading, and a mechanism
for permanent maintenance if the City declines to accept responsibility. The offsite drainage
improvements shall be reimbursable to Occidental by use of assessment districts, development
agreements or other appropriate means acceptable to the City.
3. Rancho La Costa (Hunt Property)
Policv 3 - Drainage and Erosion Control
(6)
w. All development must include mitigation measures for the
control of urban runoff flow rates and velocities, urban pollutants, erosion and
sedimentation in accordance with the requirements of the City’s Grading Ordinance,
Storm Water Ordinance, SUSMP, JURMP, Master Drainage Plan, the San Diego
County Hydrology Manual @ 4 with the additions and
changes adopted herein, such that a natural drainage system is generally preserved for the
eastern undeveloped watersheds, but that storm drains are allowed for those western
portions of the watershed which have already been incrementally developed.
(7) Mitigation measures tailored to project impacts and consistent with the control of
cumulative development shall be implemented prior to development in accordance with the
following additional criteria:
6+
(ab) Detailed maintenance arrangements and various alternatives for providing the
ongoing repair and maintenance of any approved drainage and erosion control
facilities.
(b e) All permanent runoff and erosion control devices shall be developed and installed
prior to or concurrent with any onsite grading activities.
(c4 3 . .. .. ..
(d e) All areas disturbed by grading, but not completed during the construction period,
including graded pads, shall be planted and stabilized prior to October 1st with
temporary or permanent (in the case of finished slopes) erosion control measures
and native vegetation. The use of temporary erosion control measures, such as
berms, interceptor ditches, sandbagging, filtered inlets, debris basins and silt traps,
shall be utilized in conjunction with plantings to minimize soil loss from the
construction site. Said planting shall be accomplished under the supervision of a
licensed landscaped architect and shall consist of seeding, mulching, fertilization
Land Use - Mello I Chapter II-I
and irrigation adequate to provide 90 percent coverage within 90 days. Planting
shall be repeated, if the required level of coverage is not established. This
requirement shall apply to all disturbed soils, including stockpiles.
4. FINDINGS
The Commission hereby finds and declares as follows:
(2) Environmentally Sensitive Habitat
To protect Batiquitos Lagoon from increased sedimentation as a result of urbanization,
PRC Toups recommended conformance to the Carlsbad Master Drainage Plan and
restriction of construction on slopes in excess Of 25%. The Carlsbad Master Drainage Plan
proposes phased incremental construction of underground sewers along all of the drainage
courses in the Mello I Bill LCP area. The Master Drainage Plan also proposes a new
grading ordinance that provides controls over urban runoff, but does not contain any
restrictions upon grading season.
(3) Hazard Areas
The Mello Bill LCP indicates that geographical hazards can be grouped into two basic
categories:
(a) Landslides, slope instability, and soil erosion problems
(b) Seismic hazards
Section 30253 of the Coastal Act indicates that new development shall "minimize
risks to life and property in areas of high geologic, flood, and fire hazard" ... and
"assure stability and structural integrity, and neither create nor contribute
significantly to erosion, geologic instability, or destruction of the site or
surrounding area...".
In the technical background report on hazards, prepared by PRC Toups
Corporation, landslide prone areas have been generally identified. None are within
the Mello Bill LCP. However, much of the Mello Bill LCP contains properties
designated as "accelerated erosion prone areas" which drain into Batiquitos
Lagoon. Much of the Mello Bill LCP properties are designated by the U.S.
Department of Agriculture Soil Conservation Service as having a high erosion
hazard. Because of this, and the fact that Batiquitos Lagoon is an environmentally
sensitive habitat area, the Commission finds that the additional erosion control
policies are necessary. These policies require that development must include
mitigation measures for the control of urban runoff flow rates and velocities,
urban pollutants, erosion and sedimentation in accordance with the
requirements of the City's Grading Ordinance, SUSMP, JUMP, Master
Drainage Plan, the San Diego County Hydrology Manual and the following
additional requirements:
a
a control increased runoff
Land Use - Mello I Chapter II-1
0 maintain drainage and erosion control facilities
0 plant and stabilize graded areas
0 be concentrated on the flatter portions of the site
Land Use -Implementation Chapter III
11-2 MELLO I1
POLICY 3-4 GRADING AND LANDSCAPING REQUIREMENTS
All development must include mitigation measures for the control of urban runoff flow rates
and velocities, urban pollutants, erosion and sedimentation in accordance with the
requirements of the City’s Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP), Jurisdictional Urban Runoff Management Program
(JURMP), Master Drainage Plan, the San Diego County Hydrology Manual and the
following additional requirements: ..
@
(ab) All graded areas shall be landscaped prior to October 1st of each year with either
temporary or permanent landscaping materials, to reduce erosion potential. Such
landscaping shall be maintained and replanted if not well-established by December 1st
following the initial planting.
POLICY 3-5 KELLY POINT/MACARIO CANYON AREA
(c) Drainaee and Erosion Control
(6) All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in
accordance with the requirements of the City’s Grading Ordinance, SUSMP,
JUMP, Master Drainage Plan and the San Diego County Hydrology Manual.
POLICY 4-1 COASTAL EROSION
(a) Develoument Along Shoreline
For all new development along the shoreline, including additions to existing
development, a site-specific geologic investigation and analysis similar to that required by
the Coastal Commission’s Geologic Stability and Bluff top Guidelines shall be required;
for permitted development, this report must demonstrate bluff stability for 75 years, or the
expected lifetime of the structure, whichever is greater. Additionally, permitted
development shall incorporate, where feasible, sub-drainage systems to remove
groundwater from the bluffs, and shall use drought-resistant vegetation in landscaping.
All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance
with the requirements of the City’s Grading Ordinance, SUSMP, JURMP, Master
Drainage Plan and the San Diego County Hydrology Manual. 3A
waiver of public liability shall be required for any permitted development for which an
assurance of structural stability cannot be provided.
Land Use -Implementation Chapter III
POLICY 4-3 ACCELERATED SOIL EROSION
(a) Areas West of 1-5 and the Existing Paseo del Norte and Along El Camino Real Upstream
of Existing Storm Drains
For areas west of the existing Paseo del Norte, west of Interstate 5 and along El Camino Real
immediately upstream of the existing storm drains, the following policy shall apply:
All development must include mitigation measures for the control of urban runoff flow rates
and velocities, urban pollutants, erosion and sedimentation in accordance with the
requirements of the City's Grading Ordinance, Storm Water Ordinance, SUSMP, JURMP,
Master Drainage Plan and the San Diego County Hydrology Manual.
Such mitigation shall become an element of the project, and shall be installed prior to the initial
grading. , Mitigation shall require construction of all improvements shown in
the Master Drainage Plan and amendments thereto for the area between the project site and the
Lagoon (including the debris basin), as well as: p; revegetation of graded areas immediately after grading; and
a mechanism for permanent maintenance if the City declines to accept the responsibility.
Construction of drainage improvements may be through formation of an assessment district, or
through any similar arrangement that allots costs among the various landowners in an equitable
manner.
..
.. . ..
(b) All Other Areas
This policy applies to all other areas except those subject to Policies 3-5 and 4-3 A above.
(3) All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in
accordance with the requirements of the City's Grading Ordinance, SUSMP,
JURMP, Master Drainage Plan, the San Diego County Hydrology Manual and the
following additional requirements.
POLICY 4-5 SOIL EROSION CONTROL PRACTICES
f4) Soil erosion control practices shall be used against "onsite" soil erosion. All
development must include mitigation measures for the control of erosion and&
Land Use - Implementation Chapter 111
sedimentation in accordance with the requirements of the City's Grading
Ordinance, SUSMP, JURMP, Master Drainage Plan and the San Diego County
Hydrology Manual. 3
POLICY 4-6 "SEDIMENT CONTROL" PRACTICES
Apply "sediment control" practices as a perimeter protection to prevent off-site drainage. All
development must include mitigation measures for the control of erosion and sedimentation
in accordance with the requirements of the City's Grading Ordinance, SUSMP, JURMP,
Master Drainage Plan and the San Diego County Hydrology Manual.
Land Use -Implementation Chapter 111
11-3. WEST BATIQUITOS LAGOON/SAMMIS
PROPERTIES LAND USE
Background: Local Coastal Program Amendment West Batiquitos Lagoon
Segment
C. GRADING AND EROSION CONTROL
Because the area is located close to environmentally sensitive habitats, all development must
include mitigation measures for the control of urban runoff flow rates and velocities, urban
pollutants, erosion and sedimentation in accordance with the requirements of the City’s
Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation
Plan (SUSMP), Jurisdictional Urban Runoff Management Program (JUMP), Master
Drainage Plan, the San Diego County Hydrology Manual and the following additional
requirements @:
1.
2
2 3.
3 4.
4 5.
5 4.
Drainage and runoff shall be controlled so as not to exceed the capacity of the downstream
drainage facilities or to produce erosive velocities and appropriate measures shall be taken
on and/or off the site to prevent the siltation of the Batiquitos Lagoon and other
environmentally sensitive areas.
All graded areas shall be hydroseeded prior to October 1st with either temporary or
permanent materials. Landscaping shall be maintained and replanted if not established by
December 1st.
Grading plans shall indicate staking or fencing of open space areas during construction and
shall specifically prohibit running or parking earth-moving equipment, stockpiling or
earthwork material, or other disturbances within the open space areas.
Any necessary temporary or permanent erosion control devices required for the
development of a specific planning area, such as desilting basins, shall be developed and
installed prior to any on, or off, site grading activities within the specific planning area
requiring the mitigation, or, concurrent with the grading, provided all devices required for
that planning area are installed and operating prior to October lst, and installation is
assured through bonding or other acceptable means.
The developer must provide for the long-term maintenance of drainage improvements and
erosion control devices.
Land Use -Implementation Chapter III
11-4. East Batiquitos Lagoon / Hunt Properties
B. Land Use Policies
4. Grading and Erosion Control
Batiquitos Lagoon is the primary coastal resource within the subject area and warrants
stringent controls on upstream development activities. Downstream impacts of possible
erosion and sedimentation due to development must be limited to insignificant levels.
All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance
with the requirements of the City’s Grading Ordinance, Storm Water Ordinance,
Standard Urban Storm Water Mitigation Plan (SUSMP), Jurisdictional Urban
Runoff Management Program (JURMP), Master Drainage Plan, the San Diego
County Hydrology Manual and the following additional requirements
Under the Master Plan requirements, any development shall conform to the following
additional standards:
(f) All development must include mitigation measures for the control of urban
runoff flow rates and velocities, urban pollutants, erosion and sedimentation
in accordance with the requirements of the City’s Grading Ordinance,
SUSMP, JURMP, Master Drainage Plan, the San Diego County Hydrology
Manual and the following additional requirements.
(g) Mitigation measures tailored to project impacts and consistent with the control of
cumulative development shall be implemented prior to development in accordance
with the following additional criteria:
rt
1 ?) Detailed maintenance arrangements and various alternatives for providing
the ongoing repair and maintenance of any approved drainage and erosion
control facilities.
2 3) All permanent runoff and erosion control devices shall be developed and
installed prior to or concurrent with any onsite grading activities.
34) 1 st . .. .. ..
Land Use - Implementation Chapter III
4 5) All +reas disturbed by grading, but not completed during the construction
period, including graded pads, shall be planted and stabilized prior to
October 1st with temporary or permanent (in the case of finished slopes)
erosion control measures and native vegetation. The use of temporary
erosion control measures, such as berms, interceptor ditches, sandbagging,
filtered inlets, debris basins, and silt traps shall be utilized in conjunction
with plantings to minimize soil loss from the construction site. Said
plantings shall be accomplished under the supervision of a licensed
landscape architect and shall consist of seeding, mulching, fertilization, and
imgation adequate to provide 90% coverage within 90 days. Planning shall
be repeated, if the required level of coverage is not established. This
requirement shall apply to all disturbed soils, including stockpiles.
Land Use -Implementation Chapter 111
Agua Hedionda Land Use Plan
All development must include mitigation measures for the control of urban runoff flow rates
and velocities, urban pollutants, erosion and sedimentation in accordance with the
requirements of the City’s Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP), Jurisdictional Urban Runoff Management Program
(JUMP), Master Drainage Plan, the San Diego County Hydrology Manual.
4.2 Additionally, grading permits in the plan area shall include the following mitigation measures:
LIST OF ACRONYMS USED IN REPORT AND RESOLUTIONS
SUBJECT: GPA 01-ISIZCA 01-OBILCPA 01-15 NPDES STORMWATER UPDATE - A
Amendment to comply with Regional Water Quality Control Board Order No.
General Plan Amendment, Zone Code Amendment and Local Coastal Program
2001-01.
This report and associated resolutions and ordinances have a number of acronyms which are
used throughout. The list below is intended as an aid in remembering the meanings of these
acronyms.
BMP(s)
GPA
LCP
LCPA
JURMP
MCA
MEP
NPDES
RWQCB
SANDAG
SUSMP
SWPPP
ZCA
Best Management Practices
General Plan Amendment
Local Coastal Program
Local Coastal Program Amendment
Jurisdictional Urban Runoff Management Program
Municipal Code Amendment
Maximum Extent Practicable
National Pollutant Discharge Elimination System
Regional Water Quality Control Board
San Diego Association of Government
Standard Urban Stormwater Mitigation Plan
Stormwater Pollution Prevention Plan
Zone Code Amendment
EXHIBIT 4
The City of Carlsbad Planning Depachnent
A REPORT TO THE PLANNING COMMISSION
Item No. @
Application complete date:
P.C. AGENDA OF: January 2,2002 Project Planner: Chris DeCerbo
Project Engineer:
SUBJECT: GPA 01-1YZCA 01-08/LCPA 01-15 NPDES STORMWATER UPDATE - A
General Plan Amendment, Zone Code Amendment and Local Coastal Program
Amendment to comply with Regional Water Quality Control Board Order No.
2001-01.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 5129, 5130, and
5131 RECOMMENDING APPROVAL of GPA 01-15, ZCA 01-08 and LCPA 01-15 based on
the findings contained therein.
11. INTRODUCTION
The proposed project includes a General Plan Amendment (to add several new water quality
protection policies to both the Open Space and Conservation and Circulation Elements of the
General Plan) and a Zone Code Amendment and Local Coastal Program (LCP) Amendment to
revise/add new policies, standards, procedures and requirements regarding water quality and
watershed protection to the City’s LCP Land Use Plans, Chapters 21.203 (Coastal Resource
Protection Overlay Zone) and 21.205 (Coastal Resource Overlay Zone Mello I LCP Segment
LCP) of the Zoning Ordinance and Chapters 15.12 (Stormwater Management and Discharge
Control) and 15.16 (Grading and Erosion Control) of Carlsbad’s Municipal Code. The proposed
amendments will help to ensure City compliance with the Land Use Planning and Development
requirements of the Regional Water Quality Control Board’s (RWQCB) Order No 2001-01
pertaining to water pollution. All of the proposed General Plan policies and Zone Code and
Municipal Code Amendments comply with the RWQCB Order No. 2001-01, are internally
consistent and consistent with existing policies and programs in the General Plan and the LCP.
111. PROJECT DESCRIPTION AND BACKGROUND
The federal 1987 Clean Water Act established requirements for stormwater discharges under the
National Pollutant Discharge Elimination System (NPDES) Program. In response to this
mandate, the State of California issued a five-year permit for municipal stormwater discharges in
1990, which specified actions needed to comply with its requirements. On February 21,2001, the
San Diego RWQCB issued Order No. 2001-01.
Covering 18 San Diego cities (including Carlsbad), the County of San Diego, and the Port
District, the Regional Permit mandates improved water quality through the implementation of
new/revised stormwater protection policies, procedures, requirements, standards and ordinances
to reduce discharges of pollutants and runoff flow resulting from existing and new development.
GPA 01-15/ZCA 01-08lLCPA 01-15 -NF’DES STORMWATER UPDATE
January 2,2002
Refemed to as co-permittees, all 18 San Diego cities, the County of San Diego, and the Port
District must comply with the Regional Permit, which is a comprehensive document that
specifies a comprehensive list of tasks and deadlines that must be met by each jurisdiction by
February 21,2002.
The implementation of the RWQCB’s Stormwater Permit (which includes new water quality
policies and standards) will result in the improvement in water quality throughout the San Diego
area. However, to achieve this important benefit, through compliance with the new Regional
Stormwater Permit, the City of Carlsbad must first incorporate the appropriate changes into its
local ordinances and planning policies by the Regional Board’s February 21, 2002 deadline.
Compliance with this order necessitates amendments to Carlsbad’s General Plan, Zoning
Ordinance and LCP.
Associated with this project, is a recommendation to the City Council (MCA 01-05) to adopt
revisions to the City’s Stormwater Management and Discharge Control Ordinance and Grading
and Erosion Control Ordinance consistent with this order. The specific Municipal Code
amendments are included for information only.
A. Proposed General Plan Policy AdditionslRevisions
The Carlsbad General Plan (Open Space and Conservation Element) currently includes a number
of policies and programs associated with water quality protection. This General Plan
Amendment revises/supplements various policies regarding water quality protection and,
regional circulation in the Open Space and Conservation Element and Circulation Element of the
Carlsbad General Plan. If adopted, these policies would reflect water quality and watershed
protection policies and principles found in the RWQCB Order No 2001-01 pertaining to water
pollution. Proposed implementing policies and programs are listed below:
a) Open Space and Conservation - Develop and implement a Jurisdictional Urban Runoff
Management Program (JURMP) consistent with the RWQCB Order No. 2001-01 and any
amendments thereof.
b) Open Space and Conservation - Adopt and implement a Master Drainage Plan and Standard
Urban Stormwater Mitigation Plan (SUSMP) consistent with the RWQCB Order No. 2001-01
and any amendments thereof.
c) Open Space and Conservation - Prior to making land use decisions, utilize methods
available to estimate increases in pollutant loads and flows resulting from projected future
development. The City shall require developments to incorporate structural and non-structural
BMPs to mitigate the projected increases in pollutant loads.
d) Open Space and Conservation - Implement water pollution prevention methods to the
maximum extent practicable, supplemented by pollutant source controls and treatment. Use
small collection strategies located at, or as close as possible to, the source (i.e., the point where
water initially meets the ground) to minimize the transport of urban runoff and pollutants offsite
and into a municipal separate storm sewer system (MS4).
GPA 01-15/ZCA 01-08LCPA 01-15 - NPDES STORMWATER UPDATE
January 2,2002
e) Open Space and Conservation - Post-development runoff from a 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.
f) Open Space and Conservation - Developments shall implement appropriate
recommendations to protect water quality found in the San Diego Association of Government’s
(SANDAG’s) Water Quality Element of its Regional Growth Management Strategy.
g) Open Space and Conservation - Development projects should be designed to comply with
the following site design principles:
1. Protect slopes and channels to decrease the potential for slopes andor channels
from eroding and impacting stormwater runoff.
2. To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important water
quality benefits, such as riparian corridors, wetlands and buffer zones. Encourage
land acquisition of such areas.
4. Provide buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected impervious
surfaces in areas of new development and redevelopment.
6. Where feasible, implement site desigdlandscape features to slow runoff and
maximize on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof or
awning covers) to minimize the opportunity for toxic compounds, oil and grease,
heavy metals, nutrients, suspended solids and other pollutants from entering the
stormwater conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent off-site
transport of trash and other pollutants from entering the stormwater conveyance
system.
9. Limit disturbances of natural water bodies and natural drainage systems caused by
development including roads, highways and bridges.
IO. Design streets and circulation systems to reduce pollutants associated with
vehicles and traffic resulting from development.
h) Circulation - The City shall work with the adjacent communities and agencies of
Oceanside, Vista, Encinitas, San Marcos, County of San Diego, Caltrans, North County
57
GPA 01-15/ZCA 01-08LCPA 01-15 - NPDES STORMWATER UPDATE
January 2,2002
Page 4
Transit District, San Diego Association of Governments and other appropriate agencies to
coordinate local traffic management reduction efforts.
B. Zone Code Amendment and LCP Amendment
Implementation of the RWQCB Order No 2001-01 requires amendments to Carlsbad’s Zoning
Ordinance, Grading Ordinance, Stormwater Management and Discharge Control Ordinance and
LCP as discussed below.
1~) Amendments to Carlsbad’s Zoning Ordinance Chapters 21.203 (Coastal Resource
Protection Overlay Zone) and 21.205 (Coastal Resource Overlay Zone Mello I LCP
Segment LCP). . Delete reference to the City’s Model Erosion Control Plan (which is no longer in
effect) and instead indicate that, “All development must include mitigation measures
for the control of urban runoff flow rates and velocities, urban pollutants, erosion and
sedimentation in accordance with the requirements of the City’s Grading Ordinance,
Stormwater Ordinance, SUSMP, Jurisdictional Urban Runoff Management Program
(JURMP), Master Drainage Plan and the San Diego County Hydrology Manual.”
The SUSMF’ and JUR” are comprehensive stormwater management plans
(prepared collectively by the co-permittees) that contain the standards and strategies
(BMPs) to reduce stormwater flow rates, velocities, sedimentation and pollutant
discharges into receiving waters from urban development, consistent with the
RWQCB Order No 2001 -01.
BMPs include such techniques as: a) pollution prevention (i.e., education and
landscaping), b) site design (ix., reducing impervious surfaces, minimizing clearing
and grading and maintaining natural drainage courses) c) source control (minimize
contact between pollutants and flows), and d) treatment control (technologies that
remove pollutants from urban runofQ . Delete the rainy season (October 1 - April 1) grading prohibition. Rather than
prohibiting grading during the rainy season, the model JURMP allows grading during
the rainy season (October 1 -April 30) with the implementation of additional BMPs.
2) Amendments to Carlsbad’s Municipal Code (MCA 01-05) Chapters 15.12 (Stormwater
Management and Discharge Control) and 15.16 (Grading and Erosion Control).
The City’s Grading and Erosion Control Ordinance and Stormwater Management and
Discharge Control Ordinance were last amended in 1996, in p“t, to incorporate
NPDES provisions. These Ordinances are proposed for revision to comply with the
more detailed requirements of the RWQCB Order No 2001-01, SUSMP and the
JURMP.
GPA Ol-lS/ZCA 01-08LCPA 01-15 -NPDES STORMWATER UPDATE
January 2,2002
Specific revisions to the Grading Ordinance include:
Redefine “rainy season” as the time period between October 1 and April 30 consistent
with the JURMP.
Require that all grading plans include protective measures (BMPs) for the control of
urban pollutants, erosion and sedimentation, consistent with the SUSMP.
Specific revisions to the Stormwater Management and Discharge Control Ordinance
include:
General changes were made to update the definitions and descriptions to make it
clearer and more concise.
“Exemptions from Discharge Prohibitions” has been amended and now includes fire
fighting flows as an exemption that Order No. 2001-01 has added.
“Reduction of Pollutants Contacting or Entering Stormwater Required” has been
reorganized to facilitate its use. The most significant change is an outline of the
specific activities or operations that require the implementation and use of BMPs in
order to reduce or eliminate pollutants from stormwater runoff.
A new section has been added to assist staff in eliminating runoff pollution from
vehicles that are found to be leaking significant amounts of automobile fluids to
public streets.
A new provision has been added which establishes the Environmental Code
Enforcement Civil Penalties Fund in order to set a mechanism for reimbursement of
investigative costs, beyond normal operating expenditures, to departments involved in
code enforcement activities. The Fund may also provide moneys to enhance
environmental awareness and education in the City of Carlsbad.
3) Amendments to Carlsbad’s LCP. . The City’s Zoning Ordinance, Grading and Erosion Control Ordinance and Storm-
water Management and Discharge Control Ordinance are implementing ordinances
for the City’s LCP. Accordingly, a LCP Amendment is being processed to ensure
consistency between the amended Zoning Ordinance, Grading and Erosion Control
Ordinance and Stormwater Management and Discharge Control Ordinance (discussed
above) and the City’s LCP.
The LCP amendment will add the amended stormwater protection provisions
associated with the RWQCB Order No 2001-01 to the implementing ordinances
(discussed above) in addition to amending the Land Use Plan text (grading, drainage
and erosion control policy revisions) of the Mello I, Mello 11, Agua Hedionda, East
Batiquitos LagoonlHunt Properties and West Batiquitos LagoodSammis Properties
segments of its LCP. This will. accomplish the required consistency between the
City’s implementing ordinances and its LCP. 59
GPA O1-15/ZCA 01-08iLCPA 01-15 -NPDES STORMWATERUPDATE
January 2,2002
IV. ANALYSIS
The recommendation for approval of this General Plan Amendment‘Zone Code Amendment/
LCP Amendment was developed by analyzing its compliance with the RWQCB NPDES Order
No. 2001-01 and the internal consistency between the General Plan policies, the LCP policies
and the Zone Code and Municipal Code.
A. Compliance with RWQCB NPDES Order 2001-01
The proposed new/revised General Plan Open Space and Conservation and Circulation Element
policies regarding water quality and watershed protection are consistent with RWQCB NPDES
Order No. 2001-01 in that these very policies are included in Order No. 2001-01 as examples of
water quality and watershed protection policies to be included in each co-permittee’s General
Plan.
RWQCB NPDES Order No. 2001-01 specifies that all co-permittee’s grading and stormwater
management ordinances shall be upgraded and enforced to comply with the order. The City’s
Public Works Department has carefully reviewed the order and is recommending specific
amendments to the Grading Ordinance and Stormwater Management and Discharge Control
Ordinance to comply with the permit mandates. Revisions to existing grading, drainage and
erosion control provisions of Chapters 21.303 and 21.205 of the City’s Zoning Ordinance are
also recommended to comply with this order.
B. Internal Consistency
Pursuant to Section 65860 of the California Government Code, a city’s Zoning Ordinance is
required to be consistent with its General Plan. Likewise, the Coastal Act requires consistency
between a city’s LCP and its implementing ordinances. All of the proposed ordinance and policy
amendments are recommended to ensure internal consistency between the documents.
The newhevised water quality and watershed protection General Plan policies supplement
existing Water Quality Protection policies (which are contained in the Open Space and
Conservation Element). The new land development policies will encourage the protection and
enhancement of receiving waters and other environmentally sensitive areas and are therefore
consistent with the General Plan. The new policies require the following: . That the City adopt and implement a JURMP and SUSMP; . That water pollution prevention methods and structural and non-structural BMPs be
9 That development projects implement site design techniques to reduce stormwater
implemented on a project basis to mitigate runoff and water pollution; and
runoff and pollution.
The proposed zoning ordinance revisions require all development to include adequate
mitigation measures to control urban runoff flow rates and velocities, urban pollutants,
erosion and sedimentation in accordance with the requirements of the City’s Grading
Ordinance, SUSMP, JURMP, Master Drainage Plan and the San Diego County Hydrology
Manual.
GPA Ol-l5/ZCA 01-08LCPA 01-15 -NPDES STORMWATERUPDATE
January 2,2002
The amendments to the City’s zoning ordinance to add water quality and watershed
protection requirements are consistent with the revised General Plan water quality protection
policies. When implemented, they will result in the improvement in water quality throughout
the San Diego area.
One of the primary objectives of the California Coastal Act is the preservation of coastal
resources, most notably all riparian, wetland and aquatic resources located within the coastal
zone. Accordingly, the City’s existing LCP (i.e.; LCP Land Use Plans and implementing
Ordinances) include detailed drainage, runoff and erosion control policies and regulations to
adequately protect these resources from development.
The proposed revisions to the City’s Zoning Ordinance, Grading Ordinance and Stormwater
Management and Discharge Control Ordinance, consistent with the RWQCB NPDES Order
No. 2001-01, will establish more thorough and restrictive water quality protection standards
than currently exist in the City’s LCP. Therefore, the proposed Ordinance revisions are
consistent with the LCP.
The County-wide model JURMP includes a provision to allow grading during the rainy
season with the implementation of additional BMPs. This proposal is not consistent with the
existing LCP provision, which prohibits grading during the rainy season (October 1 - April
1). However, the requirement to supplement standard runoff and erosion control measures
with additional BMPs during the rainy season, will achieve comparable water quality
protection. Therefore, this standard revision is consistent with the LCP.
V. ENVIRONMENTAL REVIEW
This project includes the adoption of newhevised stormwater protection policies, requirements,
standards and ordinances to reduce discharges of pollutants and runoff flow resulting from
existing and new development. It is exempt from CEQA pursuant to Section 15308 (Actions by
Regulatory Agencies for Protection of the Environment).
A Notice of Exemption will be filed by the Planning Director upon project approval.
ATTACHMENTS:
1. Planning Commission Resolution No. 5 129 (GPA)
2. Planning Commission Resolution No. 5130 (ZCA)
3. Planning Commission Resolution No. 5 13 1 (LCPA)
4. Exhibit “Z” (information only)
5. Exhibit “ZZ” (information only)
kl
Planning Commission Minutes January 2,2002 VHIBIT 5 age 1
Minutes of: PLANNING COMMISSION
Time of Meeting: 6:OO P.M.
Date of Meeting: January 2,2002
Place of Meeting: COUNCIL CHAMBERS
CALL TO ORDER
Planning Commission Chairperson Trigas called the Regular Meeting to order at 6:OO p.m.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Commissioner Segall. Prior to the pledge he commented that at this
point in time saluting the flag means a lot and he is glad to see more and more people looking at what it
American blessing.
stands for and the meaning behind it. He said to know what that means and to respect it is truly an
ROLL CALL
Present: Chairperson Trigas, Commissioners, Compas. Dominguez, Heinernan, Nielsen, and
Segall
Absent: Commissioner Baker
Staff Present: Gary Wayne, Assistant Planning Director
Don Rideout, Principal Planner
Cindie McMahon, Deputy City Attorney
Bobbie Hoder, Senior Management Analyst
Frank Jimeno, Associate Engineer
Michele Masterson, Management Analyst
Christer Westrnan, Senior Planner
Eric Munoz. Senior Planner
David Hauser, Deputy City Engineer, Planning & Programs Div.
Bob Johnson, Deputy City Engineer, Transportation Div.
APPROVAL OF MINUTES
Chairperson Trigas asked if there were any additions or corrections to the December 19, 2001 minutes.
DISCUSSION
None,
MOTION
ACTION:
the Regular Meeting of December 19,2001.
Motion by Commissioner Compas and duly seconded, to approve the minutes of
VOTE: AYES: Chairperson Trigas, Commissioners Compas, Dominguez, Heineman. Nielsen,
and Segall
6-0-0
NOES: None
ABSTAIN: None
Chairperson Trigas directed everybody's attention to the slide on the screen to review the procedures the
Commission would be following for tonight's public hearing.
Planning Commission Minutes January 2,2002 Page 2
COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA
None.
Chairperson Trigas left the dais and went to the podium. She presented Jeff Segall with a Planning
Commission Resolution of Appreciation for his tenure as the City of Carlsbad Planning Commission
Chairperson from January 3, 2001 through December 19, 2001. She stated the Planning Commission
wished to commend him for his leadership, direction, and participation in planning and land use matters
brought before the Commission during his tenure as Chairperson. She outlined the many agenda items
and planning matters that were brought before the Commission during his tenure and stated that the City
of Carlsbad had benefited from his leadership and knowledge through his perseverance, loyalty, and
dedication.
Mr. Segall then extended his appreciation to the Staff for the valuable information and assistance they
provided the Planning Commission during the past year.
PUBLIC HEARINGS
Taken out of order.
Chairperson Trigas asked Mr. Wayne to introduce the first item
4. GPA 01-15IZCA 01-08/LCPA 01-15 - STORM WATER NPDES - A General Plan Amendment,
Zone Code Amendment and Local Coastal Program Amendment to comply with Regional water
Quality Control Board Order No. 2001-01.
Mr. Wayne stated that agenda item 4 is normally heard in a public hearing context, however, this project is
minor and routine in nature and Staffs action is advisory on this item. He recommended that the public
hearing be opened and closed on the item and then voted on. If the Commission or someone from the
public wishes to discuss or pull an item then Staff would be available to respond to questions.
Commissioner Segall asked that Resolution 5131 beexplained. Mr. Wayne replied that it is the resolution
recommending approval of the Local Coastal Program Amendments to the five local coastal segments.
He stated there is also an errata sheet accompanying the item.
Seeing no one wishing to address the matter, Chairperson Trigas opened and closed public testimony.
MOTION
ACTION: Motion by Commissioner Heineman and duly seconded that the Planning
Commission approve Item #4 (GPA 01-15/ZCA01-08/LCPA01-15) with the Errata
Sheet.
VOTE:
AYES:
6-0-0
Chairperson Trigas, Commissioners, Compas, Dominguez, Heineman. Nielsen,
and Segall
ABSTAIN:
NOES: None
None
k3
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public
hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO
p.m. on Tuesday, February 19,2002, to consider a General Plan Amendment, Zone Code
Amendment, various Municipal Code Amendments and Local Coastal Program Amendment
to comply with Regional Water Quality Control Board Order No. 2001-01.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the staff report will be available on and after Friday, February 15, 2002. If
you have any questions, please call Chris DeCerbo in the Planning Department at (760) 602-
461 1,
If you challenge the General Plan Amendment, Zone Code Amendment, Municipal Code
Amendments and/or Local Coastal Program Amendment in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk‘s
Office, at or prior to the public hearing.
CASE FILE: GPA 01-151ZCA 01-08/MCA 01-05/ MCA Ol-OG/MCA 02-01lLCPA 01-15
CASE NAME: NPDES STORM WATER UPDATE
PUBLISH NORTH COUNTY TIMES: SATURDAY, FEBRUARY 9,2002
PUBLISH SAN DIEGO UNION TRIBUNE: SATURDAY, FEBRUARY 9,2002
CITY OF CARLSBAD
CITY COUNCIL
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public
hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO
p.m. on Tuesday, February 19,2002, to consider a General Plan Amendment, Zone Code
Amendment, various Municipal Code Amendments and Local Coastal Program Amendment
to comply with Regional Water Quality Control Board Order No. 2001-01.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the staff report will be available on and after Friday, February 15, 2002. If
4611.
you have any questions, please call Chris DeCerbo in the Planning Department at (760) 602-
If you challenge the General Plan Amendment, Zone Code Amendment, Municipal Code
Amendments and/or Local Coastal Program Amendment in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk’s
Office, at or prior to the public hearing.
CASE FILE: GPA O1-15/ZCA 01-08/MCA 01-05/ MCA OI-O6/MCA 02-011LCPA 01-15
CASE NAME: NPDES STORM WATER UPDATE
PUBLISH NORTH COUNTY TIMES: SATURDAY, FEBRUARY 9,2002
PUBLISH SAN DIEGO UNION TRIBUNE: SATURDAY, FEBRUARY 9,2002
CITY OF CARLSBAD
CITY COUNCIL
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public
hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO
p.m. on Tuesday, [DATE], to consider a General Plan Amendment, Zone Code Amendment,
various Municipal Code Amendments and Local Coastal Program Amendment to comply with
Regional Water Quality Control Board Order No. 2001-01.
Those persons wishing to speak on this proposal are cordially invited to attend the public
questions, please call Chris DeCerbo in the Planning Department at (760) 602-461 1.
hearing. Copies of the staff report will be available on and after [DATE]. If you have any
If you challenge the General Plan Amendment, Zone Code Amendment. Municipal Code
Amendments and Local Coastal Program Amendment in court, you may be limited to raising
written correspondence delivered to the City of Carlsbad at or prior to the public hearing.
only those issues you or someone else raised at the public hearing described in this notice or in
CASE FILE: GPA 01-15/ZCA 01-08/MCA 01-OYMCA OI-OG/MCA 02-011LCPA 01-15
CASE NAME: NPDES STORM WATER UPDATE
PUBLISH NORTH COUNTY TIMES: [DATE]
PUBLISH THE COAST NEWS: [DATE]
CITY OF CARLSBAD
CITY COUNCIL
118 Page Ad in Two Papers
Thank you.
CARLSBAD UNlF SCHOOL DlST
801 PINE AVE
CARLSBAD CA 92008
SAN DlEGUlTO SCHOOL DlST
701 ENClNlTAS BLVD
ENClNlTAS CA 92024
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949
CALIF DEPT OF FISH & GAME
4949 VIEWRIDGE AVE
SAN DIEGO CA 92123
LAFCO
1600 PACIFIC HWY
SAN DIEGO CA 92101
SANDAG
STE 800
401 B STREET
SAN DIEGO CA 92101
CITY OF CARLSBAD
PUBLIC WORKSICOMMUNITY
SERVICES
CITY OF CARLSBAD
PROJECT PLANNER
CHRIS DECERBO
SAN MARCOS SCHOOL DlST
1 CIVIC CENTER DR
SAN MARCOS CA 92069
LEUCADIA CNTY WATER DlST
1960 LA COSTA AVE CARLSBAD CA 92009
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054
VALLECITOS WATER DlST
788 SAN MARCOS BLVD
SAN MARCOS CA 92069
AIR POLLUTION CNTRL DlST
91 50 CHESAPEAKE DR
SAN DIEGO CA 92123
ENClNlTAS SCHOOL DlST
101 RANCHO SANTA FE RD
ENClNlTAS CA 92024
OLIVENHAIN WATER DlST
1966 OLIVENHAIN RD
ENClNlTAS CA 92024
CITY OF VISTA
PO BOX 1988
VISTA CA 92085
I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND
URBAN STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
SD COUNTY PLANNING
STE B
5201 RUFFIN RD
SAN DIEGO CA 92123
CA COASTAL COMMISSION
7575 METROPOLITAN DR
STE 103
SAN DIEGO CA 92108-4402
CITY OF CARLSBAD
PUBLIC WORKSlENGlNEERlNG CITY OF CARLSBAD
DEPT MUNICIPAL WATER DISTRICT
SKIP HAMMANN & ROSANNA
LACARRA
01/16/2002
CALTRANS DISTRICT 11
BILL FIGGE
MAIL ST 50
P 0 BOX 85406
SAN DIEGO CA 92186-5406
FEDERAL AVIATION ADMIN WESTERN REG
PO BOX 92007
LOSANGELES CA 90009
BARRY BRAYER, AWP-8
REG WATER QUALITY CONTROL BD
STE 100
9174 SKY PARK CT
SAN DIEGO CA 92123-4340
BUREAU OF INDIAN AFFAIRS
RONALD M JAEGER
2800 COlTAGE WAY
SACRAMENTO CA 95825
BUSINESS, TRANSPORTATION & HSG AGENCY CHANNEL ISLANDS NATIONAL PARK
PATRICIA W NEAL DEPUTY SEC HOUSING SUPERINTENDENT
STE 2450 1901 SPINNAKER DR
980 NINTH ST SAN BUENA VENTURA CA 93001
SACRAMENTO CA 95814
COASTAL CONSERVANCY
STE 1100
1330 BROADWAY
OAKLAND CA 94612
DEPARTMENT OF AGRICULTURE
GARY RESOURCE CONSER
STE 102
DAVIS CA 95616
2121-C SECOND ST
COUNCIL ON ENVIRONMENTAL QUALITY
CHAIRMAN
722 JACKSON PL NW
WASHINGTON DC 20006
DEPARTMENT OF DEFENSE
LOS ANGELES DlST ENGINEER
PO BOX 271 1 LOSANGELES CA 90053
DEPARTMENT OF ENERGY
CLIFFORD EMMERLING, DIR
STE 350
901 MARKET ST
SAN FRANCISCO CA 94103
DEPARTMENT OF ENERGY
STE 400
61 1 RYAN PLAZA DR
ARLINGTON TX 7601 1-4005
DEPARTMENT OF FISH & GAME
ENVIRONMENTAL SERVICES DIV P 0 BOX 944246
SACRAMENTO CA 94244-2460
DEPARTMENT OF FOOD &AGRICULTURE DEPARTMENT OF FORESTRY
STEVE SHAFFER. AGRICULTURE RESOURCES RM 100 DOUG WICKIZER, ENVIR COORD
P 0 BOX 944246
1220 N ST SACRAMENTO CA 94244-2460
SACRAMENTO CA 95814
DEPARTMENT OF HOUSING & URBAN DEVE
DUNCAN LENT HOWARD, REG ADMIN
450 GOLDEN GATE AV
SAN FRANCISCO CA 94102
DEPARTMENT OF TRANSPORTATION
RM 5504
1120 N ST
SACRAMENTO CA 95814
DEPARTMENT OF JUSTICE
DEPUTY ATTORNEY GENERAL
RM 700
110WESTAST
SAN DIEGO CA 92101
ENERGY RESOURCES, CONSERVATION &
DEVELOPMENT COMM
CHUCK NAJARIAN
1516 NINTH ST
SACRAMENTO CA 95814
MARINE RESOURCES REGION, DR & G
350 GOLDEN SHORE
LONG BEACH CA 90802
I ENVIRONMENTAL SERVICES, SPR
NATIONAL OCEANIC &ATMOSPHERIC
ADMIN OCRM.55MC4
NlORM - 3
1305 EAST-WEST HWY
SILVER SPRING MD 20910
OFFICE OF PLANNING & RESEARCH
OFFICE OF LOCAL GOVERNMENT AFFAIRS
PO BOX 3044
SACRAMENTO CA 93044
SAN FRANCISCO BAY CONSERVATION &
DEVMT COMMISSION
BILL TRAVIS
STE 2600
50 CALIFORNIA ST
SAN FRANCISCO CA 941 11-4704
STATE LANDS COMMISSION
DWIGHT SANDERS
STE 1005
100 HOWE AV
SACRAMENTO CA 95825-8202
U S BUREAU OF LAND MGMT
STE RM W1834
2800 COTTAGE WAY
SACRAMENTO CA 95825
U S BUREAU OF RECLAMATION
2800 COTTAGE WAY
MID-PACIFIC REGION
SACRAMENTO CA 95825
U S FISH &WILDLIFE SERVICE
2800 COTTAGE WAY
STE W-2605
SACRAMENTO CA 95825-1888
U S ARMY CORPS OF ENGINEERS
LILY ALYEA
STE 702
333 MARKET ST
SAN FRANCISCO CA 94105-2197
WATER RESOURCES CONTROL BD
PO BOX 100 SACRA MEN TO^ CA 95801
SANDAG-LAND USE COMMISS NAN VALERIO
STE 800
401 “B STREET
SAN DIEGO CA 92101
USDA - RURAL DEVELOPMENT
DEPT 4169
430 ”G” ST
DAVIS CA 95616
CALIFORNIA RESOURCES AGENCIES
STE 131 1
1416 9TH ST
SACRAMENTO CA 95814
REG WATER QUALITY CONTROL BD
REGION (9) SAN DIEGO
STE B
9771 CLAIREMONT MESA BLVD
SAN DIEGO CA 92124-1331
CARLSBAD CHAMBER OF COMMERCE
JAN SOBEL
5620 PASEO DEL NORTE
CARLSBAD CA 92008
REG WATER QUALITY CONTROL BD
STE 100
9174 SKY PARK CT
SAN DIEGO CA 92123-4340
CITY OF ENClNlTAS
COM DEV DEPT
505 S VULCAN AV
ENClNlTAS CA 92024
SANDAG-EXEC DIRECTOR
KENNETH E SULZER
STE 800
1 ST INT'L PLAZA 401 "B ST
SAN DIEGO CA 92101
LESLIE ESPOSITO
ENClNlTAS CA 92024
1893 AMELFI DR
ANTHONY & DICKY BONS
25709 HILLCREST AV
ESCONDIDO CA 92026-8650
U S FISH &WILDLIFE SERVICE
JOHN MARTIN
2730 LOKER AV WEST
CARLSBAD CA 92008
TABATA FARMS
PO BOX 1338
CARLSBAD CA 92018-1338
SIERRA CLUB S D CHAPTER
CRAIG ADAMS
3820 RAY
SAN DIEGO CA 92101
CYRIL/MARY GIBSON
12142 ARGYLE DR
LOS ALAMITOS CA 90702
LAKESHORE GARDENS
BILL McLEAN
7201 AVENIDA ENCINAS
CARLSBAD CA 92009
JOHN LAMB
1446 DEVLIN DR LOSANGELES CA 90069
SAN DIEGO GAS & ELECTRIC
KIM BLESSANT
101 ASH STREET
SAN DIEGO CA 92101-
COUNTY OF SD SUPERVISOR BILL HORN
ART DANELL
RM 335
SAN DIEGO CA 92101
1600 PACIFIC HIGHWAY
S D CO PLANNING & LAND USE DEPT
JAON VOKAC
STE B-5
5201 RUFFIN ROAD
SAN DIEGO CA 92123
LANlKAl LANE PARK
SHARP SPACE 3
6550 PONTO DRIVE
CARLSBAD CA 92008
STATE LANDS COMMISSION
MARY GRIGGS
STE 100 S
100 HOWE AV
SACRAMENTO CA 95825-8202
PERRY A LAMB
890 MERE POINT RD
BRUNSWICK ME 04011
CRA PRESIDENT
5200 EL CAMINO REAL
LEE ANDERSON
CARLSBAD CA 92008
COASTAL CONSERVANCY . RICHARD RETECKI
STE 1 I00
1330 BROADWAY
OAKLAND CA 94612
DALElDONNA SCHREIBER
7163 ARGONAUTA WAY
CARLSBAD CA 92009
FLOYD ASHBY
416 LA COSTA AV
ENClNlTAS CA 92024
GEORGE BOLTON
6583 BLACKRAIL RD
CARLSBAD CA 92009
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the
printer of
North County Times
Formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudicated newspapers of general circulation by
the Superior Court of the County of San Diego,
State of California, for the County of San Diego,
that the notice of which the annexed is a printed
copy (set in type not smaller than nonpareil), has
been published in each regular and entire issue of
said newspaper and not in any supplement thereof
on the following dates, to-wit:
February 9, 2002
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at San Marcos , California
11th
this day
February, 2002
Legal Advertising
__ ~~~~
m 122a1l
This space is for the County Clerk's Filing Stamp
t4&%4td J-/4"2-
Proof of Publication of Notice of Public Hearing
NOTICE OF
PUBLIC
.H EARi NG
NOTICE Is HEREBY GiVEN'that the City
Council of the,,City of Carlsbad will hold a
public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday,
February 19, 2002, to consider a General Plan Amendment, Zone Code Amendment, various Municipal Code Amendments and Local Coastal Program Amendment to comply with Regional Water Quality Control
Board Order No. 2001 -01.
Those persons wishing to speak on this
proposal are cordially invited to attend the public hearing, Copies of the staff report will be available on and after Friday,
questions, please call Chris DeCerbo in the February 15, 2002. If you have any
Planning Department at (760) 602-461 1.
If you challenge the ,General Plan
Amendment, Zone Code ' Amendment, Municipal Code Amendments and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues yoli or someone else raised at the public
hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, at or prior to the public hearing.
CASE FILE: GPA 01-15ZCA 01-OBIMCA
01-051 MCA 01-O61MCA 02-01lLCPA 01-15
CASE NAME: NPDES STORM WATER
UPDATE
~~~ ~ ~ .. ~. .
CITY OF CARLSBAD b
CITY COUNCIL
Legal 72273; . February ,, 9,2002 '. - .-
Afidavit
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DMVE
CARLSBAD, CA 92008
ATTN: JANICE BREITENFELD
- JJ
STATE OF CALIFORNIA} ss
County of San Diego)
The Undersigned, declares under
penalty of perjury under the laws of the
State of California: That .... She is a
resident of the County of San Diego.
THAT .... She is and at all times herein mentioned
was a citizen of the United States, over the age
of twenty-one years, and that .......... She is not a
party to, nor interested in the above entitled
matter; that .... She is ................................ Chief
Clerk for the publisher of .....................
The San Diego Union-Tribune
a newspaper of general circulation, printed and
published daily in the City of San Diego, County
of San Diego, and which newspaper is published
for the dissemination of local news and
newspaper at all the times herein mentioned had intelligence of a general character, and which
and still has a bona fide subscription list of
paying subscribers, and which newspaper has
been established, printed and published at
regular intervals in the said City of San Diego,
County of San Diego, for a period exceeding one
year next preceding the date of publication of the
notice hereinafter referred to, and which
newspaper is not devoted to nor published for
particular class, profession, trade, calling, race,
the interests, entertainment or instruction of a
or denomination, OS any number of same; that
the notice of which the annexed is a printed
copy, has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following date, to-wit:
FEBRUARY 9,2002
FEB 1 3 2002
ECEtVED U
'Pu6Cication
Affidavit of Publication of
Legal Classified Advertisement
Ad # 7423074
Ordered by: JANICE
/I NOTICE 11 OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that
the City Council of the city Of
Carlsbad will hold a public hear-
ing at the Council Chambers.
1200 Carlsbad Viage Drive.
Carlsbad, California, at 6:OO p.m.
on Tuesday, February 19. 2002,
tn consider R General Plan " .~~~
Amendment, Zone Code
Amendment, various Municipal
Code Amendments and Local
Coastal Program Amendment to
3mply with ' Regional Water
iuality Control Board Order No.
001-01.
'hose persons wishing to speak
n this proposal are cordially
wited to attend the public
.caring. Copies of the staff
-aport will be available on and
fter Friday, February 15, 2002.
€ you have any questions,
base call Chris DeCerbo in the
'lanning Department at (760)
iO2-4611.
f you challenge the General
)lan Amendment, Zone Code
kmendment. Municipal Code
hendments andlor Local
Zoastal Program Amendment in
:ourt, you may be limited to
raising only those issues you or
someone else raised at the pub-
tic hearing described in this
notice or in written comespon-
dence delivered to the City Of
Carlsbad, Attn: City Clerks
Office, at or prior to the public
hearing.
CASE FILE:
GPA Ol-lS/ZCA Ol-OB/MCA 01-051
MCA 01-06/MCA 02-01LCPA 01-15
CASE NAME:
NPDES STORM WATER UPDATE
PUBLISH NORTH COUNTY
SATURDW. FEBRUARY 9.2M)z
PUBLISH SAN DIEGO UNION-TRIBW:
SATURDAY, FEBRUARY
cARLsB
CITY COUNCIL
1. .-,, , ,
,, , * , .,. '~ . "; '. .
02/08/02 FRI 09:50 FAX 760 761 0908 NORTH COZINTY TIMES SM
I 9209-c~~lsbad-3X9
NOTICE OF
PUBLIC
HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a
public hearing at the Council Chambers,
1200 Carlsbad Village Drive, Carlsbad,
California, at 6:OO p.m. on Tuesday, February 19, 2002, to consider a General
Plan Amendment, Zone Code Amendment, various Municipal Code Amendments and
Local Coastal Program Amendment to comply with Regional Water Quality Control
Board Order No. 2001-01.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after Friday,
questions, please call Chris DeCerbo in the February 15, 2002. If you have any
Planning Department at (760) 602-461 1.
If you challenge the General Plan
Amendment, Zone Code Amendment, Municipal Code Amendments andlor Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public
hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerks Office, at or prior to the public hearing.
CASE FILE: GPA Ol-lS/ZCA Ol-OB/MCA
01-051 MCAOl-OGIMCA 02-01/LCPA 01-15
CASE NAME: NPDES STORM WATER
UPDATE
CITY OF CARLSBAD
CITY COUNCIL
Legal 72273. February 9, 2002
MOO1