Article V — GENERAL PERFORMANCE STANDARDS

A.

Noise Measurement. Noise will be measured with a sound level meter, which meets the standards of the American National Standards Institute (ANSI Section S1.4-1979, Type 1 or Type 2). Noise levels shall be measured using the "A" weighted sound pressure level scale in decibels (ref. pressure = 20 micro-newtons per meter squared). The unit of measure shall be designated as dB(A). The building official shall be the noise control officer.

B.

Noise Standards.

1.

The following table describes the noise standard for emanations from any source, as it affects adjacent properties:

NOISE STANDARDS

• Due to wind noise, the maximum permissible noise level may be adjusted so that it is no greater than five dB(A) above the ambient noise level.

2.

No person shall operate or cause to be operated any source of sound at any location or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level, when measured on any other property, either incorporated or unincorporated, to exceed:

a.

The noise standard for that receiving land use (as specified in subsection (B)(1) of this section) for a cumulative period of more than thirty (30) minutes in any hour; or

b.

The noise standard plus five dB(A) for a cumulative period of more than fifteen (15) minutes in any hour; or

c.

The noise standard plus ten dB(A) for a cumulative period of more than five minutes in any hour; or

d.

The noise standard plus fifteen (15) dB(A) for a cumulative period of more than one minute in any hour; or

e.

The noise standard plus twenty (20) dB(A) for any period of time.

C.

If the measured ambient level exceeds any of the first four noise limit categories above, the allowable noise exposure standard shall be increased to reflect the ambient noise level. If the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under this category shall be increased to reflect the maximum ambient noise level.

D.

If the alleged offense consists entirely of impact noise or simple tone noise, each of the noise levels in subsection (B)(1) of this section shall be reduced by five dB(A).

E.

Exempt Noises. The following sources of noise are exempt:

1.

Motor vehicles not under the control of the industrial use;

Emergency equipment, vehicles and devices;

3.

Temporary construction, repair, or demolition activities between seven a.m. and seven p.m. except Sundays and federal holidays.

(Ord. 2002-07 Exh. A, 2002; Amended during 1997 codification; Ord. 75 § 2 (part), 1990; SBCC § 87.1305)

A.

Vibration Standard. No ground vibration shall be allowed which can be felt without the aid of instruments at or beyond the lot line; nor will any vibration be permitted which produces a particle velocity greater than or equal to 0.2 inches per second measured at or beyond the lot line.

B.

Vibration Measurement. Vibration velocity shall be measured with a seismograph or other instrument capable of measuring and recording displacement and frequency, particle velocity or acceleration. Readings are to be made at points of maximum vibration along any lot line next to a residential or commercial district or a community industrial lot.

C.

Exempt Vibrations. The following sources of vibration are not regulated by this code:

1.

Motor vehicles not under the control of the industrial use;

2.

Temporary construction, maintenance or demolition activities between seven a.m. and seven p.m. except Sundays and federal holidays.

(SBCC § 87.1310)

A.

Glare levels shall be measured with a photoelectric photometer, following the standard spectral luminous efficiency curve adopted by the International Commission on Illumination.

B.

Any activity producing glare in a community industrial or regional industrial district shall be carried on so that direct or indirect light from the source shall not cause glare above 0.5 footcandles when measured in a residential district or lot.

(Amended during 1997 codification; SBCC § 87.1320)

No activity or land use shall cause electrical disturbance that adversely affects persons or the operation of any equipment across lot lines and is not in conformance with the regulations of the Federal Communications Commission.

(SBCC § 87.1330)

On parcels of one acre or greater in size, land being utilized for residential purposes may only be cleared or natural vegetation removed in order to provide for the installation of building pads, driveways, landscaping, agriculture or for some other structure or reasonable use normally appurtenant to residential uses. The office of building and safety may issue permits for further grading or clearance of vegetation subject to department review or in furtherance of weed abatement actions by the city or fire district. The purpose of this regulation is to reduce disturbances to fragile desert soils as much as practical in order to reduce the amount of fugitive dust that can for long periods of time adversely affect residents on the subject parcel and those residents and land uses downwind of the subject parcel.

(SBCC § 87.1401)

16.20.160 - Minimum residential construction standards.

A.

The following standards shall be applied to all permitted construction or installation within the city of all detached single-family residential structures unless otherwise specified within this code.

1.

Manufactured home foundation systems shall comply with either Section 18551 of the State Health and Safety Code or California Administrative Code, Title 25, Chapter 2, Sections 1333 and 1334, which shall include tie down, clip, or anchoring systems designed by a registered civil engineer to resist lateral forces for the subject manufactured home.

2.

Siding material shall consist of stucco, wood, brick, stone, or decorative concrete block. Synthetic products of a similar appearance, equivalent durability and providing equivalent fire resistance shall be permitted. Metal siding, if utilized, shall be non-reflective and horizontally lapping. The exterior covering material shall extend to a point at or near grade except if an approved solid wood, metal, concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation.

3.

The roofing material shall be of materials customarily used in the local area and shall be approved by the building official. All residential structures shall have eave and gable overhangs of not less than twelve (12) inches measured from the vertical side of the residential structure, unless overhangs are architecturally incompatible with the design of the structure as approved by the building official.

4.

All entries/exits shall be completed per Chapter 33 of the Uniform Building Code.

5.

The minimum habitable floor area for detached single-family residential units shall be one thousand (1,000) square feet measured from the exterior of the structure. The minimum habitable floor area shall be one thousand two hundred (1,200) square feet within the residentially zoned area known as the Mesa, generally bounded by Lime Street, Main Street and Rock Springs Road on the north; Glendale Road and the Mojave River on the east; the southern boundary of T4N, R4W on the south; and Santa Fe Avenue East and "I" Avenue on the west, except for Tract 8019, known as Hesperia Mobilehome Estates. The minimum habitable floor area shall be one thousand four hundred (1,400) square feet in Tract 6082, generally bounded by Maple Avenue on the east; Hercules Street on the north; Tamarisk Avenue on the west; and Willow Street on the south. The minimum habitable floor area for single-family homes within small lot subdivisions as defined in the Hesperia development code, shall be eight hundred (800) square feet.

These minimum habitable floor area requirements do not apply to below market rate units, adopted specific plans, or to second dwelling units constructed on lots where a primary dwelling unit is constructed.

The provisions of this subsection shall also not apply to any existing structures, or projects which have been issued building permits as of the effective date of the ordinance codified in this subsection. Any such existing structure may be altered, repaired or reconstructed with a minimum habitable floor area greater than or equal to its originally approved dimensions without regard to the provisions of this subsection.

6.

Minimum floor width and depth shall each average twenty (20) feet measured from the exterior of the structure excluding garages, porches, patio, eaves, cabanas and pop-outs.

7.

All residential structures shall have a fully enclosed two-car garage with a minimum interior size of nineteen (19) feet wide and nineteen (19) feet long, and constructed in compliance with the Uniform Building Code.

8.

For single family in-fill lots, if the same floor plan is used for adjacent homes, one (1) shall be the reverse of the other and have a different elevation. No two (2) adjacent homes using the same floor plan shall have the same exterior color scheme and treatment. A minimum of two (2) different floor plans shall be required for three (3) or more adjacent lots.

Utility hookups and an area to accommodate installation of a clothes washer and dryer shall be provided within the primary structure or within an enclosed accessory structure.

B.

Except as otherwise provided within this code, any manufactured home installed or constructed in accordance with the provisions of this section shall be allowed where this code allows the construction of a detached single-family residential structure.

C.

A building permit for the installation of a manufactured home not within an approved and properly licensed manufactured home development shall not be issued, if more than ten years have elapsed between the date of manufacture and the date of the application for the issuance of the permit to install such manufactured home.

D.

All dwellings constructed after the effective date of the ordinance codified in this section shall be served by a community water purveyor or by an approved private system. Approval shall be based upon availability and production of an adequate potable water source and fire flow supply.

E.

All dwellings constructed after the effective date of the ordinance codified in this section shall be served by a public utility electrical service or by an approved private system. Approval of a private system shall be based upon the substitution of a continuous, dependable and safe alternative supply.

F.

Approval of alternate private utilities shall be based upon the proximity of public utilities and the submittal of a proven alternate system. All approvals shall be made by the building official and plans, specifications, engineering and testing may be requested prior to the approval.

(Ord. 251 § 4, 1997; Ord. 84 § 6(G, H), 1990)

(Ord. No. 2021-01, 3(Exh. A), 6-1-21)

16.20.161 - Issuance of building permits and certificates of occupancy.

A.

Building Permit. No Building permit shall be issued until: (i) All public improvements have been fully completed, dedicated, and accepted, or if allowed, security has been posted as required herein; (ii) the city has accepted the developer's offer to dedicate the improvements by approval of the final map(s); and (iii) necessary minimum improvements have been completed to provide public services and all weather access to the lot for which the building permit is being requested.

B.

Damages; Repairs. Notwithstanding any acceptance of or notices of completion of public improvements, all public improvements shall be maintained in good working condition prior to the issuance of any building permit or certificate of occupancy. Any damage to improvements associated with the development must be repaired or replaced by the developer to the satisfaction of the city. Repairs and replacements include, but are not limited to, sidewalks and walkways, curbs, gutters, utilities, water service lines, and sewer laterals.

(Ord. No. 2024-06, § 2, 5-7-24)