This title shall be known as the "Grading and Drainage Ordinances."
(Ord. NS-879 § 1, 2008)
For the purpose of this title, the following words, terms or
phrases shall be construed as defined in this section:
"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.
"Best management practices (BMPs)"
means schedules of activities, prohibitions of practices,
maintenance procedures and other management practices to prevent or
reduce the pollution of waters of the United States, as defined in
40 CFR 122.2. BMPs also include treatment requirements, operating
procedures and practices to control plant site runoff, spillage or
leaks, sludge or waste disposal, or drainage from raw material storage.
"Building footprint"
means the gross floor area of a structure measured at the
ground level elevation within the confines of the exterior wall surfaces.
"Business activity SWPPP"
means a stormwater pollution prevention plan prepared pursuant to the Industrial General Permit or pursuant to Section
15.12.080 of this code for the purpose of (1) identifying and evaluating sources of pollutants associated with business activities that may affect the quality of stormwater discharges and authorized non-stormwater discharges from a facility; and (2) identifying and implementing site-specific best management practices to reduce or prevent pollutants associated with business activities in stormwater discharges and authorized non-stormwater discharges from a facility.
"California ocean plan"
means the California Ocean Plan: Water Quality Control Plan
for Ocean Waters of California adopted by the State Water Resources
Control Board effective February 14, 2006, and any subsequent amendment,
revision or re-issuance thereof.
"City standards"
means the standards used for the design and construction
of public and private improvements in Carlsbad, including grading
improvements and stormwater best management practices, as contained
in the latest edition of the "City of Carlsbad City Standards" as
promulgated by the City Engineer.
"Construction SWPPP"
means a stormwater pollution prevention plan prepared pursuant to the general construction permit, Sections
11.16.090,
15.12.080,
15.16.085 and
18.48.040 of this code and, city standards for the purpose of (1) identifying and evaluating sources of pollutants associated with construction activities that may affect the quality of stormwater discharges and authorized non-stormwater discharges from a construction site; and (2) identifying and implementing site-specific best management practices to reduce or prevent pollutants associated with construction activities in stormwater discharges and authorized non-stormwater discharges from a construction site.
"Development"
means:
1.
The placement or erection of any solid material or structure
on land, in water, or under water;
2.
The discharge or disposal of any dredged material or of any
gaseous, liquid, solid, or thermal waste;
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, pipe, flume, conduit, siphon,
aqueduct, telephone line, and electrical power transmission and distribution
line. (Source:
Government Code Section 65927).
"Development permit"
means any permit approval or entitlement issued pursuant
to Title 11, 15, 18, 20 or 21 of this code.
"Development project"
means any new development or redevelopment with land disturbing
activities, structural development, including construction or installation
of a building or structure, the creation of impervious surfaces, public
agency projects and land subdivision.
"Drainage master plan"
means the report entitled City of Carlsbad Drainage Master
Plan, dated July 2008, and any supplements, amendments, revisions
or modifications made thereto as may be approved by City Council resolution.
"General construction permit"
means NPDES General Permit for Stormwater Discharges Associated
with Construction Activity (Water Quality Order No. 99-08-DWQ, NPDES
No. CAS000002) issued by the State Water Resources Control Board,
and any amendment, revision or re-issuance thereof. The general construction
permit establishes a framework for regulating the discharge of stormwater
runoff from construction activities as specified in the permit.
"General linear utility permit"
means NPDES General Permit for Stormwater Discharges Associated
with Construction Activity from Small Linear Underground/Overhead
Projects, Water Quality Order No. 2003-0007 issued by the State Water
Resources Control Board, and any amendment, revision or reissuance
thereof. The general linear utility permit establishes a framework
for regulating the discharge of stormwater runoff from small linear
underground or overhead utility projects as specified in the permit.
"Illicit connection"
means any man-made conveyance or drainage system through
which a non-stormwater discharge to the stormwater drainage system
occurs or may occur. Any connection to the MS4 that conveys an illicit
discharge.
"Industrial general permit"
means NPDES General Permit for Storm Water Discharges Associated
with Industrial Activities (Order No. 97-03-DWQ, NPDES No. CAS000001)
issued by the State Water Resources Control Board, and any amendment,
revision or re-issuance thereof. The general industrial activity permit
establishes a framework for regulating the discharge of stormwater
runoff from certain industrial activities as specified in the permit.
"Jurisdictional urban runoff mitigation plan (JURMP)"
means a written description of the specific jurisdictional
runoff management measures and programs that each co-permittee will
implement to comply with this order and ensure that stormwater pollutant
discharges in runoff are reduced to the MEP and do not cause or contribute
to a violation of water quality standards.
"Landscape manual"
means the "landscape manual" adopted by City Council resolution
which contains the policies and requirements for the design, construction
and maintenance of landscape and irrigation systems constructed pursuant
to a city development approval.
"Low impact development (LID)"
means a stormwater management and land development strategy
that emphasizes conservation and the use of on-site natural features
integrated with engineered, small-scale hydrologic controls to more
closely reflect pre-development hydrologic functions.
"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.
"Municipal permit"
means California Regional Water Quality Control Board San
Diego Region Order No. R9-2007-0001, NPDES No. CAS0108758 Waste Discharge
Requirements for Discharges of Urban Run-off from the Municipal Separate
Storm Sewer Systems (MS4s) Draining the Watersheds of the County of
San Diego County, the San Diego Unified Port District, and the San
Diego County Regional Airport Authority (Municipal Permit), and any
amendment, revision or re-issuance thereof.
"National Pollution Discharge Elimination System (NPDES) permit"
refers to a permit issued by the San Diego 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:
2.
General industrial activity permit;
3.
General construction permit;
4.
General linear utility permit; and
5.
California Regional Water Quality Control Board, San Diego Region,
General De-Watering Permits (Order Numbers 91-10 and 90-31) and any
amendment, revision or re-issuance thereof.
"National Pollution Discharge Elimination System (NPDES) general
permit"
means a permit issued by the State Water Resources Control
Board which establishes a framework for regulating the discharge of
stormwater runoff for certain broad classes of activities, including,
but not limited to:
1.
General construction permit;
2.
General industrial activity permit; and
3.
General linear utility permit.
"Non-stormwater discharge"
means all discharges to and from a MS4 that do not originate
from precipitation events (i.e., all discharges from a MS4 other than
stormwater). Non-stormwater includes illicit discharges and NPDES
permitted discharges.
"Pollutant"
means any agent that may cause or contribute to the degradation
of water quality such that a condition of pollution or contamination
is created or aggravated.
"Planned local drainage area (PLDA)"
means one of four drainage areas within the city identified
within the drainage master plan. Separate planned local drainage area
(PLDA) fees are established for each of the four drainage areas and
were calculated to be equal to or less than the cost of the planned
local facility drainage improvements within each respective PLDA.
"Planned local drainage facility"
means any storm drainage facility, flood control facility
or water quality enhancement facility identified in the drainage master
plan including drainage easements, storm drain pipes, inlet structures,
outlet structure, sedimentation and de-pollutant basins, drop structures,
rip rap, junction structures, environmental mitigation measures, water
quality monitoring and testing equipment and other improvements necessary
to convey, contain or enhance the quality of stormwater discharge.
"Receiving waters"
means Waters of the United States. These are surface bodies
of water which serve as receiving points for discharges from the stormwater
conveyance system, including Encinas Creek, San Marcos Creek, Batiquitos
Lagoon, Agua Hedionda Lagoon, San Elijo Lagoon and Buena Vista Lagoon
and their tributary creeks, reservoirs, lakes, estuaries, and the
Pacific Ocean.
"Standard urban stormwater management plan (SUSMP)"
means a plan, prepared pursuant to the municipal permit,
to reduce pollutants and runoff flows from all new development and
significant redevelopment projects that fall under priority project
categories. When used in the Carlsbad Municipal Code, this refers
to the SUSMP prepared by the City of Carlsbad.
"Stormwater"
means, per 40 CFR 122.26(b)(13), stormwater runoff, snowmelt
runoff and surface runoff and drainage. Surface runoff and drainage
pertains to runoff and drainage resulting from precipitation events.
"Stormwater conveyance system"
means private and public drainage facilities by which stormwater
may be conveyed to receiving waters, such as natural drainages, ditches,
roads, streets, constructed channels, aqueducts, storm drains, pipes,
culverts, street gutters or catch basins.
"Stormwater management plan (SWMP)"
means a stormwater management plan prepared in accordance
with the SUSMP which describes TCBMPs to be constructed on a development
site. A stormwater management plan also includes recommended maintenance
activities and schedules of maintenance for any structural treatment
controls included in the plan.
"Stormwater pollution prevention plan (SWPPP)"
means a document which describes the on-site program activities
and structural treatment control measures to eliminate or reduce to
the maximum extent practicable, pollutant discharges to the stormwater
conveyance system primarily through the application and use of best
management practices. A SWPPP is prepared in accordance with the requirements
of a NPDES general permit and/or city standards.
"Stormwater standards questionnaire"
means the questionnaire form, as specified in the SUSMP,
filled out and signed by the responsible party submitting an application
for a development permit, and used by the city to determine if the
development project is required to comply with standard or priority
project stormwater requirements.
"Treatment control best management practice (TCBMP)"
means any engineered system designed to remove pollutants
by simple gravity settling of particulate pollutants, filtration,
biological uptake, media absorption or any other physical, biological,
or chemical process.
(Ord. NS-879 § 1, 2008; Ord. CS-004 § 1, 2008; Ord. CS-151 § 1, 2011; Ord. CS-277, 2015)