Reduction and EC 9.6793 Stormwater Flow Control (Headwat ~IEA <br />lot owner will be responsible for maintaining its stormwater <br />management system consistent with EC 9.6797 Stormwater Operation <br />and Maintenance." <br />® During the PEPI permit process, the public stormwater system shall <br />include City-approved proprietary stormwater treatment technology that <br />meets the requirements of EC 9.6792 Stormwater Pollution Reduction <br />and EC 9.6793 Stormwater Flow Control (Headwaters). <br />The applicant's August 22, 2012 testimony accepts these conditions of <br />approval and states that the applicant will comply with them (the conditions <br />are listed as #16 and 17 at the end of this Final Order). <br />The above statement that "EC 9.6790(2) requires that post-development peak flows <br />will not exceed existing pre-development flow" is inaccurate. The stormwater <br />development standards at EC 9.6791 through EC 9.6797 do not require this <br />detention - of the western portion of the site. The reference here is actually EC <br />9.6793 Stormwater Flow Control (Headwaters), but this code provision would not <br />apply to the development proposed on the western portion of the site because the <br />outfall to an open conveyance system occurs below an elevation of 500 feet. In <br />other words, the criterion at EC 9.8325(7)(j) does not require the Applicant to <br />provide on-site detention of stormwater runoff from the development proposed on <br />the western portion of the site. The eastern portion of the site, however, would <br />require detention under EC 9.8325(7)(j). As noted above, the Applicant's proposed <br />detention ponds that overflowed to open drainage systems on City parklands did not <br />meet this criterion. The PC addresses this with the imposition of condition of <br />approval #3. Further, even though the flow control standards at EC 9.6793 do not <br />apply, the PC endorses the HO's condition for compliance because it provides the <br />detention necessary to address the approval criterion at EC 9.8325(13). <br />The key to compliance with EC 9.8325(13) is that the development will provide <br />onsite detention, so that stormwater runoff will not increase peak flows or velocity <br />in such a manner as to cause damage to the open drainage system. The HO <br />addressed this criterion as follows: <br />The above approval criterion is specific to "stormwater runoff from the <br />PUD," rather than street and utility crossings of the onsite natural drainage <br />courses. As addressed previously at EC 9.83251710), regarding the <br />stormwater development standards at EC 9.6791 through EC 9.6797, the <br />western portion of the development site does not direct stormwater runoff <br />from the PUD to an on-site waterway, although the proposed piped system <br />does outfall to an open drainage system farther to the north. The condition <br />of approval required to comply with EC 9.8325(7)(j) that addresses flow- <br />control ensures that the application complies this approval criterion. (See <br />page 34 of HO Decision.) <br />Final Order- Deerbrook PUD (PDT 12-1) December 17, 2012 Page 29 <br />32 <br />