Loading...
HomeMy WebLinkAbout2002-02-19; City Council; 16666; NPDES Stormwater UpdateCITY OF CARLSBAD - AGENDA BILL iB# kb bb& TITLE: I 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 I 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. Ill 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 3 1 * 1 4 C - e i E 5 la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 c " I 1 1 t 8 5 1( 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: -2- 4" ... I , < ( 1( 11 1; 1: 1' 1: 1f 1; 1E IS 2c 21 22 23 24 25 26 27 28 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. -3- if7 .$ 1 ' t I E 5 IC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -4- '.I I $ 1( 11 1; 12 14 15 It 17 1s 19 2a 21 22 23 24 25 26 27 28 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. Ill Ill Ill Ill Ill Ill 111 Ill Ill Ill Ill Ill 111 Ill Ill Ill -5- 1 2 3 4 5 6 7 8 9 1a 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2( 2: 2t 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) > 7 5 -6- f I 5 1( 11 1; 12 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 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. 1 1 L < - t I E s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 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 -2- Il 1 1 1 - 4 c < t 5 e 5 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 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) -3- 1 1 7 - 4 C - t i E s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -2- il ,' Y * ./ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -3- ; :LJ , ,' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -5- i .,: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -6- 1 P 1 .. - 4 < < 6 7 e 9 la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -9- ci I ,- 1 1 7 - 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -1 1- -. . , ., L..' , . i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -12- 1 2 1 4 5 6 5 8 9 la 11 12 13 14 - 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: .,. ~ , I.? , 1 P 1 'I - 4 6 - t 5 e 9 la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 ! 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. -2- 1 1 4 f I E s 1C 11 12 12 14 15 16 17 18 19 2c 21 22 23 24 25 26 27 28 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: -3- ' t I 5 1( 11 1; 12 14 15 It 17 18 1s 2c 21 22 23 24 25 26 27 28 (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: -4- c.2 2 1 .- 1 2 4 < ” t 7 E 5 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 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 -5- d43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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) -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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/ 1 r: - 4 i - 6 - I $ s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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) -2- 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 1s 2c 21 22 22 24 25 2t 27 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: 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 6 I 8 9 1c 11 12 13 14 15 16 li 18 1s 2c 21 22 23 24 25 2c 27 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. 37 1 2 3 4 5 6 i 8 s 1C 11 12 12 14 15 1f 1; 1Z IS 2( 21 2; 2: 2L 25 2i 2: 21 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 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 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. ... ... ... ... ... ... ... ... 1.. ... ... 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. .. .. . .. 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