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City of San Diego
PUBLISHED: Friday August 21, 2015

CITY OF SAN DIEGO
ORDINANCE NUMBER O-20554 (NEW SERIES)
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AN ORDINANCE AMENDING CHAPTER 5, ARTICLE 8, DIVISION 3 OF THE SAN DIEGO MUNICIPAL CODE BY AMENDING SECTION 58.0301, REPEALING SECTION 58.0302 AND AMENDING AND RENUMBERING 58.0305 TO 58.0302, REPEALING SECTION 58.0303 AND ADDING A NEW SECTION 58.0303, REPEALING SECTION 58.0304, RENUMBERING SECTIONS 58.0306 TO 58.0304, 58.0307 TO 58.0305, 58.0308 TO 58.0306, 58.0309 TO 58.0307, 58.0310 TO 58.0308, 58.0311 TO 58.0309, AND 58.0312 TO 58.0310, ALL RELATING TO RESTRICTING THE SALE, ADVERTISING, AND PROMOTION OF TOBACCO PRODUCTS AND ELECTRONIC CIGARETTES TO MINORS.

This ordinance amends division titles and sections of the San Diego Municipal Code (Municipal Code) to restrict the sale, advertising, and promotion of electronic cigarettes, electronic cigarette paraphernalia, and vaping juice in the same way that tobacco products are currently restricted, under Chapter 5, Article 8, Division 3 of the Municipal Code.

This ordinance also repeals sections of Chapter 5, Article 8, Division 3 of the Municipal Code that are either preempted by federal law or infringe on commercial speech relating to advertising and promotion of tobacco products.

This ordinance contains a notice that a full reading of this ordinance is dispensed with prior to its passage, a written or printed copy having been available to the City Council and the public prior to the day of its passage.

This ordinance shall take effect and be in force on the thirtieth day from and after its final passage.

A complete copy of this ordinance is available for inspection in the Office of the City Clerk of the City of San Diego, 2nd Floor, City Administration Building, 202 C Street, San Diego, CA 92101.

Introduced on July 21, 2015.

Passed by the Council of The City of San Diego on August 4, 2015.

DATE OF FINAL PASSAGE IS August 7, 2015.

AUTHENTICATED BY:
KEVIN L. FAULCONER
Mayor of The City of San Diego, California.

ELIZABETH S. MALAND
City Clerk of The City of San Diego, California.

By: Jeannette I. Santos, Deputy
Pub Aug 21 -00132778

CITY OF SAN DIEGO
PLANNING DEPARTMENT
Date of Notice: August 21, 2015
PUBLIC NOTICE OF A
DRAFT MITIGATED NEGATIVE DECLARATION
Internal Order No.: 21003586
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The City of San Diego Planning Department has prepared a draft Mitigated Negative Declaration (MND) for the following project and is inviting your comments regarding the adequacy of the document. The draft MND has been placed on the City of San Diego Planning Department website under the heading "Draft CEQA Documents" and can be accessed using the following link:

http://www.sandiego.gov/planning/programs/ceqa/index.shtml

The DMND public notice has also been placed on the City Clerk website at:
http://www.sandiego.gov/city-clerk/officialdocs/notices/index.shtml



Your comments must be received by September 20, 2015 to be included in the final document considered by the decision-making authorities. Please send your written comments to the following address: Myra Herrmann, Environmental Planner, City of San Diego Planning Department, 1222 First Avenue, MS 501, San Diego, CA 92101 or e-mail your comments to DSDEAS@sandiego.gov with the Project Name and Number in the subject line.

General Project Information:
Project Name: NEW STORM WATER MUNICIPAL PERMIT PLANNING DOCUMENTS
Project No. 435930 / SCH No. Pending
Community Plan Area: Citywide
Council Districts: All City Council Districts

APPLICANT:
City of San Diego Transportation & Storm Water Department - Storm Water Division

SUBJECT: CITY COUNCIL APPROVAL OF THE STORM WATER STANDARDS MANUAL UPDATE to update the Cityís storm water-related requirements for land development and construction activities in accordance with the 2013 Municipal Permit (Municipal Permit).

In accordance with the federal Clean Water Act, the San Diego Regional Water Quality Control Board (RWQCB) issues Municipal Storm Water National Pollutant Discharge Elimination System (NPDES) Permits (Municipal Permit) to municipalities that own and operate a municipal separate storm sewer system (MS4) that discharges into waters of the U.S. within the San Diego region. The RWQCB issued the first Municipal Permit to the City of San Diego and twenty (20) other municipalities (Co permittees) in the region in 1990, and has renewed it four times thereafter. In May 2013, the RWQCB adopted the most recent Municipal Permit, Order No. R9-2013-0001, as subsequently amended by Order No. R9-2015-0001.

The Municipal Permit requires all development projects, regardless of size, to implement source control Best Management Practices (BMPs) and site design Low Impact Development (LID) practices to minimize the generation of pollutants. While all development projects are required to implement source control and site design practices, the Municipal Permit has additional requirements for development projects that exceed size thresholds and/or fit under specific land use categories. These projects, referred to as Priority Development Projects (PDPs), are required to incorporate structural BMPs into the project plan to reduce the discharge of pollutants, and address potential hydromodification impacts from changes in flow and sediment supply. Projects that are not classified as PDPs are referred to as Standard Projects.

The Municipal Permit requires the City to implement storm water standards to address storm water pollution associated with private and public development projects during construction and post construction. The City of San Diego developed the first Storm Water Standards Manual in 2002, and updated it in 2008 and 2012 to comply with new requirements in subsequent Municipal Permits. The 2013 Municipal Permit requires the City to update its Storm Water Standards Manual (Manual Update) to incorporate additional requirements.

The Manual Update provides design concepts and methodologies to guide applicants in meeting the requirements of the 2013 Municipal Permit, Provision E.3.

The Manual Update, Part 1, addresses expanded and updated post-construction storm water requirements for Standard Projects and PDPs, and provides updated procedures for planning, selecting, and designing structural storm water BMPs based on the performance standards and requirements in the Municipal Permit.

Structural BMPs are engineered facilities that are designed to retain, detains, filters, removes, or prevents the release of pollutants to surface waters from development projects in perpetuity, after construction of a project is completed. Structural BMPs are a type of Low Impact Design that aims to mimic the natural hydrology to manage storm water pollutant on site. Structural BMPs utilize biological, chemical and physical processes to remove pollutants from storm water runoff before itís discharged to water ways. Examples of structural BMPs are bioretention basins, infiltration trenches, rain gardens, vegetated swales, biofiltration basins, and planter boxes.

The Municipal Permit requires all Priority Development Projects (PDP) to implement structural BMPs to retain onsite pollutants contained in the volume of storm water runoff produced from a 24-hour 85th percentile storm event (referred to as Design Capture Volume, or DCV). If it is not technically feasible to implement retention BMPs for the full DCV onsite for a PDP, then the PDP is required to utilize biofiltration BMPs for the remaining volume not reliably retained. If biofiltration BMPs are not technically feasible, then the PDP is required to utilize flow-thru treatment control BMPs to treat runoff leaving the site and participate in alternative compliance to mitigate for the pollutants from the DCV not reliably retained onsite.

The Manual Update categorizes structural BMPs in three categories based on the unit processes utilized in the BMP design. The BMP selection from these categories is largely based on the site conditions.

Infiltration BMPs: BMPs that are designed to retain the full design capture volume. Structural BMPs in this category include the following:
Infiltration BMPs typically consist of an earthen basin with a flat bottom constructed in naturally pervious soils. Infiltration BMPs capture, store, and infiltrate storm water runoff into native soils.
Bioretention BMP facilities are vegetated surface water systems that filter water through vegetation and soil, or engineered media prior to infiltrating into native soils.
Permeable pavement BMPs allow for percolation through void spaces in the pavement surface into subsurface layers. The subsurface layers are designed to provide storage of storm water runoff so that outflows, primarily via infiltration into subgrade soils or release to the downstream conveyance system, can be at controlled rates.

Partial Infiltration BMPs: Infiltration of a significant portion of the DCV may be possible, but site factors may indicate that infiltration of the full DCV is either infeasible or not desirable. Structural BMPs in this category include the following:

Biofiltration with partial retention BMPs are shallow basins filled with treatment media and drainage rock that manage storm water runoff through infiltration, evapotranspiration, and biofiltration. These BMPs typically have an infiltration storage layer. The volume of biofiltered water above the infiltration storage layer is discharged via underdrain. Other components include a media layer and associated filtration rates, drainage layer with associated in-situ soil infiltration rates, and vegetation.

No Infiltration BMPs: Infiltration of any appreciable volume of the DCV should be avoided. Some incidental volume losses may be possible, but any appreciable quantity of infiltration would introduce undesirable conditions. Structural BMPs in this category include the following:

Harvest and use BMPs capture and store storm water runoff for later use. Uses of captured water may include irrigation demand, indoor non-potable demand, industrial process water demand, or other demands. Uses of captured water shall not result in runoff to storm drains or receiving waters.
Biofiltration BMPs are shallow basins filled with treatment media and drainage rock that treat storm water runoff by capturing and detaining inflows prior to controlled release through incidental infiltration, evapotranspiration, or discharge via underdrain or surface outlet structure. Biofiltration BMPs include impermeable liners located at the bottom of the BMP to prevent infiltration.
Flow-thru treatment control BMPs (vegetated swales, media filters, sand filters, dry extended detention basin, proprietary flow-thru treatment control) are structural, engineered facilities that are designed to remove pollutants from storm water runoff using treatment process that do not incorporate significant biological methods.

Detailed descriptions of the structural BMPs are included in Chapter 5 of the Manual Update. Fact sheets for sizing and designing BMPs are located in Appendix E of the Manual Update. In addition to satisfying pollutant control requirements, PDPs subject to hydromodification management requirements must provide flow control for post-project runoff to meet the flow control performance standard. Flow control for hydromodification management is typically accomplished using structural BMPs that may include any combination of infiltration basins; bioretention, biofiltration with partial retention, or biofiltration basins; or detention basins. Both storm water pollutant control and flow control for hydromodification management can be achieved within the same structural BMP(s) or by a series of structural BMP(s). Guidance on how to design these structural BMPs to satisfy both pollutant control and hydromodification management requirements is provided in Chapter 6 of the Manual Update.

Notable changes required by the Municipal Permit related to development planning requirements that have been incorporated in the Manual Update, Part 1 include:

Priority Development Projects Category: The size threshold for PDP categories has been reduced from 1 acre to 10,000 square feet of impervious area for commercial, industrial, mixed-use, and public development projects. Additionally, the size threshold for residential PDPs has been reduced from 10 dwelling units to 10,000 square feet of impervious area.
The RWQCB has announced that it intends to make further amendments to the 2013 Municipal Permit in November 2015 to change the PDP categories. The proposed amendments would increase the number of projects considered to be PDPs by including: (1) new and redevelopment projects that create and/or replace 5,000 square feet or more of impervious surface; and (2) new development projects or redevelopment projects that create and/or replace 5,000 square feet or more of impervious surface, that support automotive repair shops or retail gasoline outlets.
Pollutant Control Requirements: PDPs are required to implement structural BMPs to retain the 85th percentile storm event. For situations where on-site retention of the 85th percentile storm volume is not feasible, bio-filtration must be provided to satisfy specific performance standards.
Priority Development Project Exemption: Projects that either (1) redevelop existing paved alleys, streets, or roads OR (2) develop or retrofit paved sidewalks, bicycle lanes, or trails may be exempted from being required to meet PDP requirements if they include green infrastructure design elements in accordance with the USEPA document "Managing Wet Weather with Green Infrastructure - Municipal Handbook". The Manual Update provides further guidance on green streets design requirements for PDP exemptions. New or retrofit paved sidewalks, bicycle lanes, or trails may also be exempt if they are designed and constructed to direct storm water runoff to non-erodible permeable areas or are hydraulically disconnected from paved streets or roads.
Hydromodification Management BMP Requirements: The Manual Update continues to require the current Hydromodification Management criteria on PDPs with the following changes based on new requirements in the 2013 Municipal Permit: (a) exemptions from this requirement will be allowed in fewer cases, and exemptions for highly urbanized areas and for a portion of major river reaches are removed; (b) calculations for the increase of runoff volume from impervious surfaces must compare post-project runoff to runoff from a "pre-developed" condition, meaning the condition before existing impervious surfaces were added; and (c) sites that meet criteria for providing a natural source of coarse sediment that is critical for stream sediment replenishment need to either restrict development on those source areas or follow the project specific onsite measures as described in the Manual Update.
Alternative Compliance Option: The Municipal Permit provides off-site Alternative Compliance as an option for PDPs in lieu of implementing on-site structural BMPs to comply with pollutant control and hydromodification management requirements. The off-site alternative compliance may include off-site mitigation options in the following categories:

Stream or riparian area rehabilitation
Retrofit of existing infrastructure
Regional BMPs
Groundwater recharge
Water supply augmentation
Land purchase to preserve floodplain functions

The City intends to implement the alternative compliance program in two phases:

1) Phase I: Applicant Implemented Alternative Compliance Projects where the applicant is fully responsible for the projectís design, construction, operation, and long-term maintenance. Phase I is included in the Manual Update; however it will be utilized only if the Water Quality Equivalency (WQE) study is approved by the RWQCB executive officer. Once the RWQCB approves the WQE, the City has the discretion to allow PDP projects to utilize Phase I.
2) Phase II: Independent Alternative Compliance Projects which includes other options such as in lieu fee or a credit trading system. This phase is in the initial planning stage and is therefore not part of the project being analyzed in this mitigated negative declaration.

Additionally, Manual Update, Part 2, includes construction management requirements in accordance with the Municipal Permit. It provides guidance regarding required temporary storm water management controls during construction phase of development projects. There are no notable changes related to the construction management provisions in the Municipal Permit with the exception of deletion of the maximum grading limitation and the advanced treatment requirements. However the Construction BMP Standards, Part 2 of the Manual Update has been reformatted and updated to reflect City specific processes. The Manual Update provides more detailed guidance on required BMPs during the construction phase, inspection and documentation requirements, and includes storm water pollution control plan templates.

Recommended Finding:
The recommended finding that the project will not have a significant effect on the environment is based on an Initial Study and project revisions/conditions which now mitigate potentially significant environmental impacts in the following area(s): HISTORICAL RESOURCES (ARCHAEOLOGY), HISTORICAL RESOURCES (BUILT ENVIRONMENT), BIOLOGICAL RESOURCES, GEOLOGY, PALEONTOLOGICAL RESOURCES, LAND USE (MULTIPLE SPECIES CONSERVATION PROGRAM [MSCP]/MULTI-HABITAT PLANNING AREA [MHPA]).

Availability in Alternative Format:
To request this Notice, the draft Mitigated Negative Declaration, Initial Study, and/or supporting documents in alternative format, call the Planning Department at (619) 235-5200 or (800) 735-2929 (TEXT TELEPHONE).

Additional Information: For environmental review information, contact Myra Herrmann at (619) 446-5372. The draft Mitigated Negative Declaration and supporting documents may be reviewed, or purchased for the cost of reproduction, at the Fifth floor of the Development Services Center. If you are interested in obtaining a hard-copy of the draft Mitigated Negative Declaration, it can be purchased for an additional cost. For additional information regarding the public meetings/hearings on this project, contact Sumer Hasenin, at 858-541-4330 or syhasenin@sandiego.gov.

The Storm Water Division is also soliciting public input and comments on the draft Storm Water Standards Manual covered in this draft Mitigated Negative Declaration. This document can be reviewed on the Storm Water Division website at: http://www.sandiego.gov/stormwater/news/index.shtml

This notice was published in the SAN DIEGO DAILY TRANSCRIPT and distributed on August 21, 2015.

Tom Tomlinson
Interim Director
Planning Department
Pub Aug 21 -00132784

CITY OF SAN DIEGO
DATE OF NOTICE: August 21, 2015
NOTICE OF APPLICATION
DEVELOPMENT SERVICES DEPARTMENT
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As a property owner, tenant, or person who has requested notice, you should know that an application has been filed with the City of San Diego for a CONDITIONAL USE PERMIT (CUP), and SITE DEVELOPMENT PERMIT (SDP), for a Capital Improvement Program (CIP) project to construct a new multi-purpose sports stadium with a permanent seating capacity of up to 68,000 seats, expanding to approximately 72,000 seats for special events, and capable of hosting National Football League (NFL) football games, other professional and amateur sports, entertainment, cultural and commercial events. The new stadium would have a maximum height of 250 feet and would cover an area of approximately 750,000 square feet (approximately 17 acres) with an approximate floor area of 1,750,000 square feet. The existing Qualcomm stadium will be demolished subsequent to construction of the new stadium. The project will also construct associated hardscape and landscape improvements throughout the project site. The project would pursue Leadership in Energy and Environmental Design (LEED) Gold Certification. The developed 166-acre stadium site is located at 9449 Friars Road. The parcel is located in the Mission Valley Community Plan area and is predominantly designated Commercial Recreation and Public Recreation in the Mission Valley Community Plan, with a small section designated Planning Area 8/Floodway in the Mission City Specific Plan. The Site is zoned MVPD-MV-CV (Mission Valley-Commercial Visitor), and MVPD-MV-M/SP (Mission Valley-Multi-use/Specific Plan), and is within the Transit Area Overlay Zone, and the Federal Aviation Administration (FAA) Part 77 Notification Area. The site is adjacent to the Multi-Habitat Planning Area (MHPA) and the San Diego River Park Master Plan River Corridor Area and the River Influence Area extend into the southern portion of the Project site parking lot. Council District 7.

PROJECT NUMBER: 437916
PROJECT NAME: STADIUM RECONSTRUCTION PROJECT
COMMUNITY AREA: MISSION VALLEY
APPLICANT: CITY OF SAN DIEGO PUBLIC WORKS DEPARTMENT ON BEHALF OF CITY OF SAN DIEGO REAL ESTATE ASSETS
DEPARTMENT


The decision to approve or deny this application will be made at a public hearing. Another notice advising of the date, time, and location of the public hearing for this decision will be provided.

You may contact Dottie Surdi, Chair of the Mission Valley Planning Group at dottie.surdi@svn.com to inquire about the community planning group meeting dates, times, and location for community review of this project.

Questions should be directed as follows:

Process-related questions: PJ FitzGerald, City of San Diego, Development Services Department; (619) 446-5107, pfitzgerald@sandiego.gov

Project & Applicant-related questions: Kris Shackelford, City of San Diego, Public Works Department; (619) 533-4121, kshackelford@sandiego.gov

Environmental-related questions: Martha Blake, City of San Diego, Development Services Department; (619) 446-5375, mblake@sandiego.gov

If you have any questions regarding this application after reviewing this information, you may contact the individuals listed above.

This information will be made available in alternative formats upon request.

Internal Order No.: 11003488

Pub Aug 21 -00132785

CITY OF SAN DIEGO
ORDINANCE NUMBER O-20555 (NEW SERIES)
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AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 2, DIVISION 5 OF THE SAN DIEGO MUNICIPAL CODE BY AMENDING SECTION 112.0502; AMENDING CHAPTER 12, ARTICLE 9, DIVISION 1 BY AMENDING SECTION 129.0107;
AMENDING CHAPTER 12, ARTICLE 9, DIVISION 3 BY AMENDING SECTION 129.0308; AMENDING CHAPTER 13, ARTICLE 1, DIVISION 2 BY AMENDING SECTION 131.0222; AMENDING CHAPTER 13, ARTICLE 1, DIVISION 3 BY AMENDING SECTION 131.0322; AMENDING CHAPTER 13, ARTICLE 1, DIVISION 4 BY AMENDING SECTION 131.0422; AMENDING CHAPTER 13, ARTICLE 1, DIVISION 5 BY AMENDING SECTION 131.0522; AMENDING CHAPTER 13, ARTICLE 1, DIVISION 6 BY AMENDING SECTION 131.0622; AMENDING CHAPTER 14, ARTICLE 1, DIVISION 4 BY ADDING NEW SECTION 141.0418; AMENDING CHAPTER 14, ARTICLE 2, DIVISION 9 BY AMENDING SECTION 142.0905 AND REPEALING SECTION 142.0911; AMENDING CHAPTER 15, ARTICLE 1, DIVISION 1 BY AMENDING SECTION 151.0103; AMENDING CHAPTER 15, ARTICLE 5, DIVISION 2 BY AMENDING SECTION 155.0238, RELATING TO SOLAR ENERGY SYSTEM PERMIT PROCESSING.

This Ordinance implements Assembly Bill 2188 by amending the San Diego Municipal Code permitting process to require small rooftop solar systems, as defined, to be approved administratively at the staff level, unless specified findings for denial are made. The Ordinance amends the San Diego Municipal Code to allow an applicant for a small rooftop solar energy system to appeal a denial of a permit to the Planning Commission. The Ordinance amends the San Diego Municipal Code to allow solar energy systems, as defined, as a limited use in all zones, if certain criteria are met.

Prior to becoming effective, this Ordinance shall be submitted to the San Diego County Regional Airport Authority (SDCRAA) for a consistency determination.

If the SDCRAA finds this Ordinance consistent with the Airport Land Use Compatibility Plans (ALUCP) for San Diego International Airport, Marine Corps Air Station (MCAS) Miramar, Gillespie Field, Montgomery Field, and Brown Field Airports (collectively, Airports), this Ordinance shall take effect and be in force as of the date of the finding of consistency by SDCRAA, provided that and not until at least 30 days have passed from the final date of passage, except that the provisions of this Ordinance inside the Coastal Overlay Zone, which are subject to California Coastal Commission jurisdiction as a City of San Diego Local Coastal Program amendment shall not take effect until the date the California Coastal Commission unconditionally certifies those provisions as a local coastal program amendment.

If the SDCRAA determines that this Ordinance is inconsistent or conditionally consistent, subject to proposed modifications, with the ALUCPs for the Airports, the Ordinance shall be submitted to the City Council for reconsideration.

If the SDCRAA determines that this Ordinance is conditionally consistent with the ALUCPs for the Airports, but that consistency is subject to proposed modifications, the City Council may amend this Ordinance to accept the proposed modifications, and this Ordinance as amended shall take effect and be in force on the thirtieth day from and after its final passage, except that the provisions of this Ordinance as amended inside the Coastal Overlay Zone, which are subject to California Coastal Commission jurisdiction as a City of San Diego Local Coastal Program amendment shall not take effect until the date the California Coastal Commission unconditionally certifies those provisions as a local coastal program amendment.

A proposed decision by the City Council to overrule a determination of inconsistency or to reject the proposed modifications for a finding of conditional consistency shall include the findings required pursuant to Public Utilities Code section 21670 and require a two-thirds vote; the proposed decision and findings shall be forwarded to the SDCRAA, California Department of Transportation, Division of Aeronautics, and the airport operators for the Airports; and the City Council shall hold a second hearing not less than 45 days from the date the proposed decision and findings were provided, at which hearing any comments submitted by the public agencies shall be considered and any final decision to overrule a determination of inconsistency shall require a two-thirds vote.

This Ordinance contains a notice that a full reading of this Ordinance is dispensed with prior to passage, a written copy having been made available to the Council and the public prior to the day of its passage.

A complete copy of this Ordinance is available for inspection in the Office of the
City Clerk of the City of San Diego, 2nd Floor, City Administration Building, 202 C Street, San Diego, CA 92101.

Introduced on July 21, 2015.

Passed by the Council of The City of San Diego on August 4, 2015.

DATE OF FINAL PASSAGE IS August 7, 2015.

AUTHENTICATED BY:

KEVIN L. FAULCONER
Mayor of The City of San Diego, California.

ELIZABETH S. MALAND
City Clerk of The City of San Diego, California
.
By: Jeannette I. Santos, Deputy
Pub Aug 21 -00132781


City of San Diego
PUBLISHED: Friday August 21, 2015


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