Chapter 16.101 DEFINITIONS

“City of Poway Local SUSMP” means the most recent guidelines concerning the Standard Urban Stormwater Mitigation Plan Requirements for Development Applications, as adopted by the City Council by resolution, which is incorporated by reference into this division. (Ord. 702 § 3, 2010)

16.101.020 Commercial development.

“Commercial development” means any development on private land that is not exclusively heavy industrial or residential uses. The category includes, but is not limited to: mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses, hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, car wash facilities, automotive dealerships, commercial airfields, and other light industrial complexes. (Ord. 702 § 3, 2010; Ord. 569 § 2, 2002. Formerly 16.101.030)

16.101.030 Commercial development greater than one acre.

“Commercial development greater than one acre” means any commercial development that results in the disturbance of one acre or more of land. (Ord. 702 § 3, 2010; Ord. 671 § 32, 2008; Ord. 569 § 2, 2002. Formerly 16.101.040)

16.101.040 Environmentally sensitive areas.

“Environmentally sensitive areas” means areas that include, but are not limited to, all Clean Water Act 303(d) impaired water bodies (“303(d) listed water bodies”); areas designated as an “Area of Special Biological Significance (ASBS)” by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated as having a RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments), or areas designated as preserves or their equivalent under the Multiple Species Conservation Program (MSCP) within the Cities and County of San Diego. The limits of Areas of Special Biological Significance are those defined in the Water Quality Control Plan for the San Diego Basin (1994 and amendments). Environmentally sensitive area is defined for the purposes of implementing SUSMP requirements, and does not replace or supplement other environmental resource-based terms, such as “environmentally sensitive lands,” employed by the City in their land development review processes. (Ord. 702 § 3, 2010; Ord. 671 § 32, 2008; Ord. 569 § 2, 2002. Formerly 16.101.070)

16.101.050 Hillside.

“Hillside” means lands that have a natural gradient of 25 percent (four feet of horizontal distance for every one foot of vertical distance) or greater and a minimum elevation differential of 50 feet, or a natural gradient of 200 percent (one foot of horizontal distance for every two feet of vertical distance) or greater and a minimum elevation differential of 10 feet. (Ord. 702 § 3, 2010; Ord. 569 § 2, 2002. Formerly 16.101.080)

16.101.060 Hillside development greater than 5,000 square feet.

“Hillside development greater than 5,000 square feet” means any development that would create more than 5,000 square feet of impervious surfaces in hillsides with known erosive soil conditions. (Ord. 702 § 3, 2010; Ord. 569 § 2, 2002. Formerly 16.101.090)

16.101.070 Industrial development greater than one acre.

“Industrial development greater than one acre” means development of industrial facilities that results in the disturbance of over one acre of land. Industrial facilities include those defined at 40 CFR 122.26(b)(14) including those subject to the general industrial permit or other individual NPDES permit, operating and closed landfills, facilities subject to SARA Title III, and hazardous waste treatment, disposal, storage and recovery facilities. Examples of industrial facilities include manufacturing plants, food processing plants, metal working facilities, printing plants, and fleet storage areas (bus, truck, or other vehicles). (Ord. 702 § 3, 2010; Ord. 671 § 32, 2008. Formerly 16.101.110)

16.101.080 Low impact development (LID).

“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 predevelopment hydrologic features. (Ord. 702 § 3, 2010; Ord. 671 § 32, 2008. Formerly 16.101.140)

16.101.090 Maximum extent practicable (MEP).

“Maximum extent practicable (MEP)” means the technology-based standard established by Congress in the Clean Water Act Section 402(p)(3)(B)(iii) that municipal dischargers of urban runoff must meet. MEP generally emphasizes pollution prevention and source control BMPs primarily (as the first line of defense) in combination with treatment methods serving as a backup (additional lines of defense). (Ord. 702 § 3, 2010; Ord. 671 § 32, 2008; Ord. 569 § 2, 2002. Formerly 16.101.150)

16.101.100 New development.

“New development” means land disturbing activities; structural development, including construction or installation of a building or structure; the creation of impervious surfaces; and land subdivision. (Ord. 702 § 3, 2010; Ord. 671 § 32, 2008; Ord. 569 § 2, 2002. Formerly 16.101.170)

16.101.110 Parking lot.

“Parking lot” means land area or facility for the temporary parking or storage of motor vehicles used personally, or for business or commerce. (Ord. 702 § 3, 2010; Ord. 671 § 32, 2008; Ord. 569 § 2, 2002. Formerly 16.101.180)

16.101.120 Projects discharging to receiving waters within environmentally sensitive areas.

“Projects discharging to receiving waters within environmentally sensitive areas” means all development and significant redevelopment that (1) would create 2,500 square feet of impervious surfaces or increase the area of imperviousness of a project site to 10 percent or more of its naturally occurring condition, and (2) is located within or directly adjacent to (where any portion of the project footprint is located within 200 feet of the environmentally sensitive area) an environmentally sensitive area (where discharges from the development or redevelopment will enter receiving waters within the environmentally sensitive area) or discharges to a receiving water within an environmentally sensitive area without mixing with flows from adjacent lands (where the project footprint is located more than 200 feet from the environmentally sensitive area). (Ord. 702 § 3, 2010; Ord. 671 § 32, 2008; Ord. 569 § 2, 2002. Formerly 16.101.190)

16.101.130 Project footprint.

“Project footprint” means the limits of all grading and ground disturbance, including landscaping, associated with a project. (Ord. 702 § 3, 2010; Ord. 671 § 32, 2008; Ord. 569 § 2, 2002. Formerly 16.101.200)

16.101.140 Receiving waters.

“Receiving waters” means surface bodies of water that directly or indirectly receive discharges from urban runoff conveyance systems, including naturally occurring wetlands, streams (perennial, intermittent, and ephemeral (exhibiting bed, bank, and ordinary high water mark)), creeks, rivers, reservoirs, lakes, lagoons, estuaries, harbors, bays and the Pacific Ocean. The Director of Development Services shall determine the definition for wetlands and the limits thereof for the purposes of this definition, provided this definition is as protective as the Federal definition utilized by the United States Army Corps of Engineers and the United States Environmental Protection Agency. Constructed wetlands are not considered wetlands under this definition, unless the wetlands were constructed as mitigation for habitat loss. Other constructed BMPs are not considered receiving waters under this definition, unless the BMP was originally constructed in receiving waters. Construction of treatment control BMPs in receiving waters is prohibited and therefore may not be used to satisfy SUSMP requirements. (Ord. 702 § 3, 2010; Ord. 671 § 32, 2008; Ord. 569 § 2, 2002. Formerly 16.101.210)

16.101.150 Residential development.

“Residential development” means any development on private land that provides living accommodations for one or more persons. This category includes, but is not limited to: single-family homes, multifamily homes, condominiums, and apartments. (Ord. 702 § 3, 2010; Ord. 671 § 32, 2008; Ord. 569 § 2, 2002. Formerly 16.101.220)

16.101.160 Residential development of 10 units or more.

“Residential development of 10 units or more” means any development that provides 10 or more residential units. Residential units can be attached or detached. (Ord. 702 § 3, 2010; Ord. 671 § 32, 2008. Formerly 16.101.230)

16.101.170 Restaurant.

“Restaurant” means a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification code 5812). Restaurants where the land area for development is greater than 5,000 square feet shall meet all SUSMP requirements. Restaurants where the land development is less than 5,000 square feet shall meet all SUSMP requirements except for the structural treatment BMP and numeric sizing criteria requirement and the hydromodification requirement. (Ord. 702 § 3, 2010; Ord. 671 § 32, 2008; Ord. 569 § 2, 2002. Formerly 16.101.240)

16.101.180 Significant redevelopment.

“Significant redevelopment” means development that would create, add, or replace at least 5,000 square feet of impervious surfaces on an already developed site that falls under one or more priority development project categories. Significant redevelopment includes, but is not limited to, the expansion of a building footprint; addition to or replacement of a structure; replacement of an impervious surface that is not part of a routine maintenance activity; and land disturbing activities related with structural or impervious surfaces. Replacement of impervious surfaces includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing underlying soil during construction. Significant redevelopment does not include trenching and resurfacing associated with utility work; resurfacing and reconfiguring surface parking lots; new sidewalk construction, pedestrian ramps, or bike lane on existing roads; and replacement of damaged pavement. (Ord. 702 § 3, 2010; Ord. 671 § 32, 2008; Ord. 569 § 2, 2002. Formerly 16.101.260)

16.101.190 Site design BMP.

“Site design BMP,” also known as a significant part of low impact development (LID), means any project design feature that reduces the amount of impervious surfaces, disconnects impervious surfaces, reduces creation or severity of potential pollutant sources, and/or reduces the alteration of the project site’s natural flow regime. Redevelopment projects that are undertaken to remove pollutant sources (such as existing surface parking lots and other impervious surfaces) or to reduce the need for new roads and other impervious surfaces (as compared to conventional or low-density new development) by incorporating higher densities and/or mixed land uses into the project design, are also considered site design BMPs. (Ord. 702 § 3, 2010; Ord. 671 § 32, 2008; Ord. 569 § 2, 2002. Formerly 16.101.270)

16.101.200 Source control BMP (both structural and nonstructural).

“Source control BMP (both structural and nonstructural)” means land use or site planning practices or structures that aim to prevent urban runoff pollution by reducing the potential for contamination at the source of pollution. Source control BMPs minimize the contact between pollutants and urban runoff. Examples include roof structures over trash or material storage areas, and berms around fuel dispensing areas. (Ord. 702 § 3, 2010; Ord. 671 § 32, 2008; Ord. 569 § 2, 2002. Formerly 16.101.280)

16.101.210 Stormwater best management practice (BMP).

“Stormwater best management practice (BMP)” means any schedule of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, structural treatment BMPs, and other management practices to prevent or reduce to the maximum extent practicable the discharge of pollutants directly or indirectly to receiving waters. It is any procedure or device designed to minimize the quantity of pollutants that enter the storm drain system. Stormwater BMPs also include treatment requirements, operating procedures and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. This SUSMP groups stormwater BMPs into the following categories: site design, source control, and treatment control (pollutant removal) BMPs. (Ord. 702 § 3, 2010; Ord. 671 § 32, 2008; Ord. 569 § 2, 2002. Formerly 16.101.290)

16.101.220 Stormwater conveyance system.

“Stormwater conveyance system” shall have the same meaning as set forth in PMC 8.68.020. (Ord. 702 § 3, 2010; Ord. 671 § 32, 2008; Ord. 569 § 2, 2002. Formerly 16.101.300)

16.101.230 Streets, roads, highways, and freeways.

“Streets, roads, highways, and freeways” means any project that is not part of a routine maintenance activity, and would create a new paved surface that is 5,000 square feet or greater used for the transportation of automobiles, trucks, motorcycles and other vehicles. This category includes commercial and residential driveways. For the purposes of SUSMP requirements, streets, roads, highways and freeways do not include trenching and resurfacing associated with utility work; applying asphalt overlay to existing pavement; new sidewalk, pedestrian ramps, or bike lane construction on existing roads; and replacement of damaged pavement. (Ord. 702 § 3, 2010; Ord. 671 § 32, 2008; Ord. 569 § 2, 2002. Formerly 16.101.310)

16.101.240 Treatment control (structural) BMP.

“Treatment control (structural) BMP” means any engineered system designed and constructed to remove pollutants from urban runoff. Pollutant removal is achieved by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process. (Ord. 702 § 3, 2010; Ord. 671 § 32, 2008; Ord. 569 § 2, 2002. Formerly 16.101.320)