A. New development and significant redevelopment.
1. All new development and significant redevelopment within the city shall be undertaken in accordance with:
a. The DAMP, including but not limited to the development project guidance; and
b. Any conditions and requirements established by the planning agency [planning department, engineering department or building 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 planning agency [planning department, engineering department or building department] shall review the project plans and impose terms, conditions and requirements on the project in accordance with § 13.32.030.A.1. If the new development or significant redevelopment will be approved without application for a grading permit, building permit or non-residential plumbing permit, the Director shall review the project plans and impose terms, conditions and requirements on the project in accordance with § 13.32.030.A.1 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 § 13.32.030.A.1 and .2, compliance with the development project guidance shall not be required for construction of one (1) single family detached residence unless the Director determines that the construction may result in the discharge of significant levels of a pollutant into a tributary to the storm water 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 Director determines that the project will have a de minimis impact on the quality of storm water 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 § 13.32.030.A.1 on a new development or significant redevelopment project.
7. 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 § 13.32.030.A.1 on a new development or significant redevelopment project shall constitute a violation of this chapter.
8. The Director may require that the terms, conditions and requirements imposed pursuant to § 13.32.030.A.1 be recorded with the County Recorder's office by the property owner. The signature of the owner of the property or any successive owner shall be sufficient for the recording of these terms, conditions and requirements and a signature on behalf of the city shall not be required for recordation.
B. Cost recovery. The city shall be reimbursed by the project applicant for all costs and expenses incurred by the city in the review of new development or significant development projects for compliance with the DAMP. The Director may require a deposit of estimated costs and expenses, and the actual costs and expenses shall be deducted from the deposit, with the balance, if any, refunded to the project applicant.
C. Litter control. No person shall discard any waste material, including but not limited to 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 storm water drainage system. 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.
(Ord. 997, passed 8-19-97)