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.
"Building permit"
means a permit required by and issued pursuant to Chapter 18.04 of this code.
"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:
1. 
Municipal permit;
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.
"Occupancy permit"
means a permit required or issued pursuant to Chapter 21.60 of this code.
"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.
"Priority development project"
means new development and redevelopment project categories listed in section D.1.d(2) of the municipal permit.
"Rainy season" or "wet season"
means October 1st to April 30th.
"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)