Mission Viejo Municipal Code Div. 3 Control of Urban Runoff

(a) All new development and significant redevelopment within the city shall be undertaken in accordance with:

(1) The DAMP, including, but not limited to, the development project guidance; and

(2) Any conditions and requirements established by the director which are reasonably related to the reduction or elimination of pollutants in stormwater runoff from the project site, including but not limited to:

a. Incorporating low-impact development best management practice techniques into the project design to prevent stormwater runoff from leaving the project site, if required by any NPDES permit as determined by the director;

b. Incorporating hydro-modification management techniques into the project design to limit changes in the postproject stormwater discharge rates and durations from the preproject condition, if required by any NPDES permit as determined by the director;

c. Incorporating treatment best management practices into the project design, if required by any NPDES permit as determined by the director;

d. Requiring all new or redeveloped commercial properties, whether part of a larger common development or a subpart, to construct or reconstruct trash bin enclosure(s) with a solid roof and a floor drain connected to the sanitary sewer system or discharging to a landscaped area, unless the floor drain is waived by the director or prohibited by the water district, to prevent pollutants from exiting the trash bin enclosure.

e. Requiring all new or redeveloped commercial, industrial, and residential properties with ten or more developed dwelling units per acre to install, operate, and maintain full capture systems as approved by the state for all storm drains that capture runoff in accordance with the NPDES permit.

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

(c) Notwithstanding the foregoing subsections (a) and (b), compliance with the development project guidance shall not be required for construction of a (one) 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 stormwater drainage system.

(d) 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.

(e) If the director 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.

(f) 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) on a new development or significant redevelopment project.

(1) 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) on a new development or significant redevelopment project shall constitute a violation of this chapter.

(g) The director may require that the terms, conditions and requirements imposed pursuant to subsection (a) be recorded with the county recorder's office by the property owner.

(Ord. No. 10-285, § 1, 12-6-10; Ord. No. 19-328, § 4, 5-14-19)

The city shall be reimbursed by the project applicant for all costs and expenses incurred by the city staff in the review of new development or significant development projects for compliance with the DAMP. The director may elect to require a deposit of estimated costs and expenses, and the actual costs and expenses shall be deducted from the deposit, and the balance, if any, refunded to the project applicant.

(Ord. No. 10-285, § 1, 12-6-10)

The director shall have the authority to designate required BMPs for existing industrial, commercial, and residential development, including for homeowner associations. Such BMPs shall be implemented by persons owning real property or operating on real property in the city. Failure to implement or comply with such BMPs shall be a violation of division 3 and basis for enforcement action under division 5. BMPs designated by the director shall be included as BMP fact sheets in the city's LIP.

(Ord. No. 19-328, § 9, 5-14-19)

(a) 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, except in trash containers, or at a lawfully established waste disposal facility.

(b) 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.

(c) 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.

(Ord. No. 10-285, § 1, 12-6-10)