Chapter 21.70 — PERFORMANCE STANDARDS

(a) This chapter describes certain characteristics associated with the design and operation of development - such as noise, light and glare, and odors - that have the potential to create negative impacts on surrounding uses. Provisions herein identify the potential nuisance, establish thresholds for compliance, and explain the intent of development and operational standards to reduce potential impacts.

• (b) Performance standards are provided to:

• (1) Establish standards by which potential nuisances can be assessed, measured, and otherwise dealt with factually and objectively;

• (2) Ensure that all preventable nuisances are controlled in the design and engineering of new development projects rather than be retrofit or post-construction mitigation measures;

(3) Ensure that nuisances generated by the operation and design of existing development promptly abated by the property owner(s);

(4) Protect property owners and users from arbitrary exclusion, persecution, or other unfair actions as a result of subjective judgment regarding activities which create a public nuisance; and

(5) Provide a framework by which potential impacts can be assessed in granting special use and conditional use permits.

(Ord. 612 Exhibit A (part), 2008).

(a) These performance standards shall apply to all uses in all zoning districts, 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 city council if a building condition created under prior ordinances physically precludes the reasonable application of the standards. Additional categorical exceptions 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 title.

• (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.

(Ord. 612 Exhibit A (part), 2008).

(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 (EPA) and the California Department of Health Services (DHS) 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.

(1) The use, handling, storage, and transportation of combustibles and explosives shall comply with the provisions of Section 13-13: Uniform Fire Code.

(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. (Ord. 612 Exhibit A (part), 2008).

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. (Ord. 612 Exhibit A (part), 2008).

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).

(Ord. 612 Exhibit A (part), 2008).

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.

(Ord. 612 Exhibit A (part), 2008).

(a) Purpose. This section establishes outdoor lighting standards that are intended to balance safety and security needs for lighting with efforts to ensure that light trespass and glare have a negligible impact on surrounding property, and on residential uses in particular.

• (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.

• (3) Temporary lights used for holiday decorations.

• (4) Emergency lighting erected for official purposes by a local, state, or federal agency.

(c) Outdoor Lighting Standards for Single-family Residential Property. Outdoor lighting is permitted in singlefamily residential developments as a means of deterring crime and increasing safety of residents. However, to ensure that the intensity and direction of light does not constitute a nuisance to adjacent residential dwellings, outdoor lighting shall either be motion detected, off between the hours of 11:00 p.m. and 6:00 a.m., or directed and shielded in a manner that does not constitute a nuisance to abutting residential property.

(d) Outdoor Lighting Standards for Other than Residential 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 (Figure 21.70.070 D).

(e) Prohibited Lighting. The following outdoor light fixtures shall be prohibited. Existing light fixtures legally permitted or authorized prior to the effective date of this zoning 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.

(Ord. 612 Exhibit A (part), 2008).

(a) Purpose. Certain noise levels have been scientifically demonstrated to be detrimental to the health and welfare of individuals. A goal of the city is to minimize noise in residential areas and to prevent excessive exposure of all persons to harmful noise. This chapter establishes regulations that prohibit unnecessary, excessive, and annoying noises and vibration from all sources.

(b) Applicability and Exemptions. The standards provided in this chapter apply to all land uses in all zoning districts unless otherwise specified. The following are exempted from the maximum noise standards specified in this section:

(1) Sporting events, festivals, and other events which otherwise conform with applicable zoning requirements and have appropriate temporary use and/or noise permits.

(2) Sounds emanating from the operation of mobile and stationary equipment, including motor vehicles on a public highway; aircraft; outdoor implements such as power lawn mowers, power hedge clippers, and power saws; and pile drivers or jackhammers and other construction equipment.

(3) Sounds emanating from lawful and proper activities on school grounds, playgrounds, parks, or places wherein athletic contests take place are exempt from the provisions of this title.

(4) Sounds emanating from emergency equipment, air raid sirens, and other apparatus used solely for public purposes.

(c) Noise Measurement. Noise shall be measured with a sound level meter that meets the standards of the American National Standards Institute (ANSI Section S1.4-1979, Type 1 or Type 2). Noise levels shall be measured in decibels at the property line of the receptor property, and at least four feet above the ground and five feet from the nearest structure or wall. The unit of measure shall be designated as dBA. A calibration check shall be made of the instrument at the time any noise measurement is made.

• (d) Maximum Noise Level.

• (1) Residential areas. Noise levels from any property or any use shall not exceed sixty dBA as measured in any portion of any surrounding or adjacent residentially zoned property.

(2) Non-residential areas. Noise levels generated within any property by any use shall not exceed seventy dBA in any portion of any surrounding or adjacent property with nonresidential zoning.

(e) Vibration. Any use on any property within the city that generates vibration that is discernable without instruments at any lot line adjacent to an area with a residential use or residential zoning district is prohibited. The ground vibration caused by moving vehicles, trains, aircraft, or temporary construction or demolition is exempted. (Ord. 612 Exhibit A (part), 2008).

(a) Purpose. This section establishes regulations intended to prevent the exposure of persons to offensive odors. (b) Compliance with South Coast Air Quality Management District. Any process that creates or emits any odors, gases, or other odorous matter shall comply with applicable standards set by the South Coast Air Quality Management District (SCAQMD).

(c) Offensive Odors. No use shall be permitted to emit continuous, frequent, or repetitive odorous gases or matter in quantities such as to be perceptible at any lot line of the site. An odor emitted no more than fifteen minutes in any one day shall not be deemed as continuous, frequent, or repetitive within meaning of this standard.

(Ord. 612 Exhibit A (part), 2008).