§ 8-32. Control of urban runoff

(a) New development and significant redevelopment.

(1) All new development and significant redevelopment within the City of Costa Mesa shall be undertaken in accordance with:

(i) The DAMP, including but not limited to the Development Project Guidance; and

(ii) Any conditions and requirements established by the development services department and the public services department which are reasonably related to the reduction or elimination of pollutants in storm water runoff from the project site.

(2) Prior to the issuance by the city of a grading permit, building permit or non-residential plumbing permit for any new development or significant redevelopment, the development services department and the public services department shall review the project plans and impose terms, conditions and requirements on the project in accordance with subsection (a) of this section. If the new development or significant redevelopment will be approved without application for a grading permit, building permit or non-residential plumbing permit, the development services department shall review the project plans and impose terms, conditions and requirements on the project in accordance with subsection (a) of this section prior to the issuance of a discretionary land use approval or, at the city's discretion, prior to recordation of a subdivision map.

(3) Notwithstanding the foregoing subsections (a) and (b) of this section compliance with the Development Project Guidance shall not be required for construction of a (one) single-family detached residence unless the development services department determines that the construction may result in the discharge of significant levels of a pollutant into a tributary to the stormwater drainage system.

(4) Compliance with the conditions and requirements of the DAMP shall not exempt any person from the requirement to independently comply with each provision of this chapter.

(5) If the development services department determines that the project will have a de minimis impact on the quality of stormwater runoff, then it may issue a written waiver of the requirement for compliance with the provisions of the Development Project Guidance.

(6) The owner of a new development or significant redevelopment project, or upon transfer of the property, its successors and assigns, shall implement and adhere to the terms, conditions and requirements imposed pursuant to subsection (a) of this section on a new development or significant redevelopment project.

(i) Each failure by the owner of the property or its successors or assigns, to implement and adhere to the terms, conditions and requirements imposed pursuant to subsection (a) of this section on a new development or significant redevelopment project shall constitute a violation of this chapter.

(7) The development services department and/or the public services department may require that the terms, conditions and requirements imposed pursuant to subsection (a) of this section be recorded with the County Recorder's office by the property owner. The signature of the owner of the property prior to the recording of these terms, conditions and requirements and a signature on behalf of the city by the deputy city clerk shall be required for recordation.

(b) Cost recovery. The development services department and the public services department shall be reimbursed by the project applicant for all costs and expenses incurred in the review of new development or significant development projects for compliance with the DAMP. The fees for cost recovery as approved by resolution of city council shall be deposited on applying for a building permit and/or plan check with such departments. The development services department and the public services department may refund any deposited fees in excess of the costs to review the project to applicant.

(c) Litter control.

(1) No person shall discard any waste material, including but not limited to common household rubbish or garbage of any kind (whether generated or accumulated at a residence, business or other location), upon any public or private property, whether occupied, open or vacant, including but not limited to any street, sidewalk, alley, right-of-way, open area or point of entry to the stormwater drainage system.

(2) Every person occupying or having charge and control of property on which a prohibited disposal of waste materials occurs shall cause the proper collection and disposal of same.

(3) A prohibited disposal of waste materials creates a danger to public health, safety, and welfare, and otherwise threatens the environment, surface waters, and groundwater; therefore, any owner or occupant of property who fails to remove waste material within a reasonable time may be charged with creating a nuisance upon the property pursuant to Title 20 of this Code.

(Ord. No. 97-20, § 2, 7-21-97; Ord. No. 00-11, 1(c), 7-3-00)