Camarillo Municipal Code Ch. 19.54 Commercial/Industrial Performance Standards

The purpose and intent of the performance standards is to ensure that any development in a commercial or industrial zone will be located in a manner that minimizes any adverse environmental effect upon surrounding properties for the health, safety, and welfare of the community.

(Ord. 763 § 25 (part), 1992: Ord. 403 § 1 (part), 1978: prior code § 9514(A).)

A. The performance standards shall apply to any and all uses in the commercial and industrial zones. The hazardous material and hazardous waste sections shall apply to the A-E agricultural exclusive zone. The requirements contained herein shall apply to uses existing at the time of the adoption of the performance standards.

B. In the event that a similar, more restrictive federal, state, county, or city regulation be applicable, it shall have precedence over the provisions of these performance standards.

(Ord. 763 § 25 (part), 1992; Ord. 403 § 1 (part), 1978: prior code § 9514(B).)

No land or building in the commercial or industrial zones shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or any other hazardous elements such as fire, explosive, noise or vibration, smoke, dust, odor, or other form of pollution; electrical or other disturbance; glare; liquid or solid refuse or wastes; or other substance, condition, or element in such a manner or in such an amount as to adversely affect the surrounding area or adjoining properties. Such substances or conditions shall here in be referred to as "dangerous elements."

(Ord. 763 § 25 (part), 1992: Ord. 403 § 1 (part), 1978: prior code § 9514(C).)

The location, unless otherwise specified, at which point measurements shall be made to determine compliance with the provisions of these regulations shall be at the parcel line of the use or development.

(Ord. 403 § 1 (part), 1978: prior code 9514(D).)

The provisions of these regulations shall not apply during short periods of equipment failure, modification, maintenance, or similar reason affecting the use when it is evident that such cause could not be reasonably preventable. Notification by the operator of the use to the planning director shall be made in writing stating cause, time period, and description of the problem at the earliest possible moment.

(Ord. 403 § 1 (part), 1978: prior code § 9514(E).)

The criteria used to determine when any condition, substance or element becomes dangerous or objectionable shall be called performance standards and shall be set forth in the following provisions. Continued compliance with the performance standards shall be required of all uses.

(Ord. 403 § 1 (part), 1978: prior code § 9514(F) (part).)

Visible emissions of smoke will not be permitted which exceed Ringlemann No. 1 on the Ringlemann Chart of the U.S. Bureau of Mines, other than the exhausts emitted by motor vehicles or other transportation facilities. The requirement shall also be applicable to the disposal of trash and waste materials. Wind borne dust, dirt, fly ash, airborne solids, sprays and mists originating in plants will not be permitted.

(Ord. 403 § 1 (part), 1978: prior code § 9514(F)(1).)

A. Toxic Gases, etc. Toxic gases or matter shall not be emitted which can cause any damage to health, to animals or vegetation, or other forms of property, or which can cause any excessive soiling beyond the lot lines of the use.

B. Odorous Matter. The matter of odors which are detectable at any point beyond the point of measurement of any plant will not be permitted.

(Ord. 403 § 1 (part), 1978: prior code § 9514(F)(2).)

Businesses which use or manage hazardous materials or hazardous waste shall be reviewed by the director prior to occupying or building on a site in Camarillo. The director may call on other agencies for their review and technical expertise. The director's review shall indicate if the proposed business is adequately buffered from residential neighborhoods, schools, hospitals, and other sensitive land uses. The size of the buffer area shall be based upon the hazardous material or hazardous waste managed at the subject site. The director may require the use of expert consultants in the establishment of the buffer area. The cost of such expert consultant shall be borne solely by the applicant.

Each change of land use shall require the submittal to the department of planning and community development of a program which explains and details the users' use and management of hazardous materials and hazardous waste. The program shall include, but not be limited to, a listing of type and quantity of hazardous materials and hazardous waste managed on-site.

Businesses which generate, treat, recycle, store, utilize, dispose of, or otherwise manage hazardous materials or hazardous waste on site shall be reviewed by the Director and developed in accordance with the siting criteria set forth in this section.

A. In reviewing the business, the director shall take into account the type, quantity, and nature of hazardous material and hazardous waste as compared to the risks to individuals and sensitive land uses with relation to the following factors:

1. Proximity to existing or proposed schools, hospitals, residential neighborhoods or other sensitive land uses or areas such as parks where large numbers of the public may assemble;

2. Proximity to wetlands and biologically sensitive areas (i.e., rare and endangered species habitat, wildlife area, etc.);

3. Stability of geologic characteristics of soil, including type and permeability;

4. Prevailing wind patterns which may carry smoke or emissions to residential areas;

5. Proximity to major highways and designated access routes for emergency services. Highways and access routes shall provide safe access with respect to road conditions and level of service;

6. Other factors which may affect the public health, safety, and welfare.

B. Businesses which use or manage reportable quantities of hazardous materials or hazardous waste shall locate within areas designated for industrial land uses.

C. Businesses which use or manage reportable quantities of hazardous materials or hazardous waste shall not locate solely on topographical gradients of more than twenty percent.

D. Businesses which use or manage reportable quantities of hazardous materials or hazardous waste shall not locate over aquifer recharge areas and existing or potential sources of drinking water.

E. Businesses which use or manage reportable quantities of hazardous materials or hazardous waste shall not locate overlying or within flood plains, earthquake faults, seiches, or surge areas.

F. Businesses which use or manage hazardous materials or hazardous waste shall ensure that appropriate runoff control facilities are installed and maintained to control run-off water on site.

G. Buffer areas shall be established as part of the planned development permit review to separate land uses which manage hazardous materials or hazardous waste from surrounding land uses (i.e., schools, hospitals, residential neighborhoods, etc.). This will apply to new planned development permits or any major modification to an existing permit. The size of the buffer area will be based on a risk assessment conducted by the city or consultant at the sole expense of the applicant.

(Ord. 763 § 26, 1992.)

Any operation producing intense glare or heat shall be performed within an enclosed or screened area in such a manner that the glare or heat emitted will not be discernible from the point of measurement.

(Ord. 403 § 1 (part), 1978: prior code § 9514(F)(3).)

No noise or disturbance or sound shall be permitted beyond the point of measurement which noise, disturbance or sound is in excess of the ambient level at any given time (as such level may be established by a competent authority).

(Ord. 403 § 1 (part), 1978: prior code § 9514(F)(4).)

Every use shall be so operated that the ground vibration generated by the use is not harmful or injurious to the use of surrounding properties. No vibration and/or noise shall be permitted which is perceptible without instruments at any point along the point of measurement above .003 of an inch as measured on which the use is located.

(Ord. 403 § 1 (part), 1978: prior code § 9514(F)(5).)

No activity shall be permitted which causes electrical disturbances affecting the operation of any equipment located beyond the property line of the property. In no event shall radioactivity, when measured at the point of measurement be in excess of 2.7 × 10.11 microcuries per milliliter of air at any moment of time. Radio and television transmitters shall be operated at the regularly assigned wave lengths (or within the authorized tolerances therefor) as assigned thereto by the appropriate governmental agency. Subject to such exception, the operation of domestic household equipment shall be suitably wired, shielded and controlled so that in operation they shall not, beyond the point of measurement emit any electrical impulses or waves which shall adversely affect the operation and control of any other electronic devices and equipment.

(Ord. 403 § 1 (part), 1978: prior code § 9514(F)(6).)

The community services department shall review any proposed use which has the potential to generate or manage liquid or solid wastes in such quantity of types so as to interfere with normal wastewater treatment operations or sanitary landfill regulations. No operation or use may generate any solid or liquid waste which may pollute any watercourse or groundwater supply or interfere with bacterial progress in sewage treatment without proper treatment prior to discharge.

(Ord. 763 § 27, 1992: Ord. 403 § 1 (part), 1978: prior code § 9514(f)(7).)

Any uses involving the manufacture or storage of flammable, combustible, or explosive materials shall comply with all federal, state, county, and local standards and shall be provided with adequate safety devices as required by the fire marshal for the prevention and suppression of fire and explosive hazards in compliance with the Ventura County fire prevention regulations.

(Ord. 403 § 1 (part), 1978: prior code § 9514(F)(8).)

The director shall be authorized to require that substantial compliance with the performance standards contained herein be achieved for any commercial or industrial land use subject to these regulations and shall conduct an objective evaluation as to compliance with such performance standards within a reasonable period of time. The director shall notify the owner or operator of any land use in writing within a reasonable time as to any violations of such performance standards. The director may require to the extent permitted by state and federal law, modifications to the operation so as to be in conformance with the performance standards. Such modifications may include cessation of the operation if so directed by the director upon a finding by the director that such operation threatens the public health, safety and welfare, or environmental quality. The owner or operator shall be given a reasonable length of time to comply with this chapter as prescribed by the director.

(Ord. 763 § 28, 1992: Ord. 403 § 1 (part), 1978: prior code § 9514(G).)

The director may require that the owner or operator of any commercial or industrial use which is suspected to be in violation of any provision of this chapter to submit any or all of the following within a reasonable time in order to objectively analyze the suspected violation:

A. Development or construction plans;

B. Description of machinery, processes, or products;

C. Specifications of equipment, products;

D. Measurements of dangerous or objectionable elements;

E. Description and location of hazardous materials and hazardous waste stored on the property and method of storage.

(Ord. 763 § 29, 1992: Ord. 403 § 1 (part), 1978: prior code § 9514(H).)

The director may require that qualified consultants be retained to aid in the analysis of development permit requests and compliance with the siting criteria set forth in this chapter. Such consultants shall be fully qualified and mutually agreeable to the director and operator of the use. The fees involved with the consultants service shall be borne by the owner or operator of the use.

In the event of an emergency, the city or its designated representative shall have the right of entry onto the property to assess any potential violation of any requirement imposed by this chapter.

(Ord. 763 § 30, 1992: Ord. 403 § 1 (part), 1978: prior code § 9514(I).)

If the use is still determined to be in violation with the performance standard as determined by the director of planning and community development or his designated representative at the end of time granted for compliance, any approvals granted for the use shall become void, and the operator shall cease operation until the violation is remedied.

(Ord. 403 § 1 (part), 1978: prior code § 9514(J).)

Appeals from any decision of the director of planning and community development or his designated representative shall be made in writing and filed with the department of planning and community development within ten days from the date of notice to the applicant of the decision from the director or his designated representative requesting the planning commission review.

(Ord. 403 § 1 (part), 1978: prior code § 9514(K).)