§ 19.50

This Chapter establishes performance standards to guard against the use of any property or structure in any zone in any manner which would create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazards; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness; electrical or other substance, condition or element in such a manner that adversely affects the health and safety of the public and the surrounding area or adjoining premises.

A.

These performance standards shall apply to all uses in all zones, except for legal nonconforming uses which, based on a written opinion of the City Attorney, have an established right not to comply with the provisions of this Chapter.

B.

Compliance may be waived by the Council if a condition created under prior ordinances physically precludes the reasonable application of the standards. Additional categorical exemptions from compliance with the performance standards are as follows.

1.

Temporary activity. Festivals and other special events with approved temporary use permits or other required permits, where such activities otherwise comply with other applicable provisions of this Development Code.

2.

Emergency activities. Any emergency activity on the part of the City or a private party.

3.

Construction activity. Temporary construction activity is exempted except where such activity is explicitly regulated by other regulations of the Municipal Code.

A.

Purpose. The intent of this section is to protect local health, safety, and general welfare by ensuring that the design and operational characteristics of property does not adversely impact neighboring property owners, neighboring property users, or the general public through the accidental or intentional release or use of hazardous materials.

B.

Regulated by State of California and the U.S. EPA. The use, handling, storage, and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations (California Administrative Code, Title 22, Division 4). The U.S. Environmental Protection Agency and the California Department of Health Services identify hazardous materials and prescribe handling, use, and disposal practices. The use, storage, manufacture, and disposal of hazardous materials shall be regulated and monitored according to the standards established by these agencies and any delegated government agencies.

C.

Combustibles and explosives.

The use, handling, storage, and transportation of combustibles and explosives shall comply with the provisions of Title 19 of the California Code of Regulations, Chapter 10 (Explosives).

2.

No gasoline or other inflammables or explosives shall be stored unless the location, plans, and construction conform to the laws and regulations of the State of California and have the approval of the City.

D.

Maintenance of equipment.

1.

Objects such as vehicle motor parts containing grease, oil or other hazardous substances, and unsealed receptacles containing hazardous materials, shall not be stored in areas susceptible to runoff.

2.

Any machine which is to be repaired or maintained in an uncovered outdoor area shall be placed on a pad of absorbent material to contain leaks, spills or small discharges.

3.

Machinery and equipment, including motor vehicles, which are leaking significant amounts of oil or fluid must be repaired.

No use shall be permitted that emits radioactivity in dangerous amounts. The use, handling, storage, and transportation of radioactive materials shall comply with the provisions of the California Radiation Control Regulations (California Administrative Code, Title 17).

No use shall emit visible gray smoke of a shade or quality darker than No. 1 on the Ringlemann Chart, as specified in Information Circular 7718 of the U.S. Bureau of Mines, for more than five minutes in any one hour.

No use shall be permitted where such use results in electric or electromagnetic interference that adversely affects the operation of any equipment other than that belonging to the creator of such interference, or that does not conform to the regulations of the Federal Communications Commission.

A.

Purpose. This Section establishes outdoor lighting standards that are intended to be energy efficient and balance safety and security needs for lighting with efforts to ensure that light trespass (spill light), light

pollution, and glare have a negligible impact on surrounding properties, particularly residential uses. Minimum requirements are presented here and that additional provisions that support sustainability are provided in Chapter 19.52 (Sustainable Development Practices).

B.

Exemptions. The following are exempt from the lighting provisions:

1.

Outdoor lights associated with a temporary event for which a Temporary Use Permit was granted.

2.

Outdoor lights used at public parks and school sites. Outdoor lights for recreational activities and special events shall be turned off between 11:00 p.m. and 6:00 a.m., unless otherwise approved by the Director.

3.

Temporary lights used for holiday decorations.

4.

Emergency lighting erected for official purposes by a local, State, or federal agency.

C.

General standards for outdoor lighting.

1.

All new outdoor lighting fixtures shall be energy efficient.

2.

Lighting shall be shielded or recessed so that direct glare and reflections are confined to the maximum extent feasible within the boundaries of the site, and shall be directed downward and away from adjoining properties and public rights-of-way.

3.

No lighting on private property shall produce an illumination level greater than one foot candle on any property within a residential zoning district except on the site of the light source.

4.

All lighting fixtures shall be appropriate in scale, intensity, and height to the use they are serving. Use the minimum amount of light necessary and only light areas that require it.

5.

No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness.

6.

Design and develop a control scheme, where acceptable, to minimize or turn lighting off during hours when they are not needed.

7.

Make use of full-cutoff fixtures to avoid glare and up-light. Note that these are different from cutoff fixtures or semi-cutoff, which still allow some up-light.

8.

Light standards within parking lots shall be the minimum height required to effectively illuminate the parking area and eliminate spillover of light and glare onto adjoining properties. To accomplish this, a greater number of shorter light standards may be required as opposed to a lesser number of taller standards.

9.

All late night and 24-hour uses, as defined in Article 9 (Definitions), shall comply with all lighting provisions of this Section.

D.

Outdoor lighting standards for multi-family residential property.

1.

Lighting shall represent the minimum level of illumination necessary to meet the aesthetic and security needs of the property. Light sources, intensity of light, and color of light shall be designed and located to achieve security or decorative lighting goals without causing an adverse impact on neighboring properties. Light sources shall be designed and located to minimize spillover of light or glare onto neighboring properties.

a.

Building-mounted lights shall be installed below the eave line. Pole or fence-mounted lights shall be located no more than eight feet above grade, except in residential parking lots.

b.

Lighting shall only be installed adjacent to buildings, walkways, driveways, or activity areas (decks, patios, spas and pools, and similar use areas) and focal landscape areas close to the residence or activity area.

c.

The lighting intensity within parking lots and adjacent areas shall be at least 1.0 foot candle at all points, but shall not exceed an average of 3.0 foot-candles over the entire parking lot. Overall height of light standards shall be no more than 22 feet above finish grade.

2.

Lighting plans may be required for common open space or recreation areas in multi-family developments to include a photo analysis demonstrating compliance with these lighting standards.

E.

Outdoor lighting standards for nonresidential property. Parking lots, driveways, pedestrian walkways, and building entrances/exits shall be illuminated for security and safety purposes during business hours of operation. Except as otherwise exempt, outdoor lighting shall be provided with shielding so that the light emitted from an outdoor light fixture is projected below an imaginary horizontal plane passing through the fixture. Where the light source from an outdoor light fixture is visible beyond the property line, shielding shall be required to reduce glare so that the light source is not visible from within any residential dwelling unit.

F.

Prohibited lighting. The following outdoor light fixtures shall be prohibited. Existing light fixtures legally permitted or authorized prior to the effective date of this ordinance may be maintained.

1.

Uplighted and back-lighted canopies or awnings.

2.

Searchlights, except as authorized for a special or temporary event authorized by a Temporary Use Permit.

3.

Flashing lights, except as used in conjunction with a security alarm system.

4.

Roof-mounted lights.

5.

Any light that imitates or causes visual interference with a traffic signal or other necessary safety or emergency light.

The regulations set forth in Chapter 9.68 (Noise Regulations) of the Municipal Code shall apply. For late night and 24-hour uses, as defined in Article 9 (Definitions), additional conditions may be applied through an associated discretionary permit.

No emission of odorous gases or other odorous matter in such quantities as to be readily detectable shall be permitted beyond the property lot lines of the source. Any process which may involve the creation or

emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail.