Menifee Zoning Code Ch. 9.210 Performance Standards

Contents:

9.210.010 Purpose

9.210.020 Applicability

9.210.030 Air Quality

9.210.040 Heat Radiation and Electromagnetic Disturbances

9.210.050 Glare

9.210.060 Noise Control Regulations

9.210.070 Vibrations

9.210.080 Property Maintenance

9.210.090 Hazardous Materials

This chapter establishes general uniform performance standards across all zones in order to ensure compatibility of operations with surrounding areas and land uses generally while continuing to implement the adopted General Plan.

The standards in this chapter shall apply to the construction, change or expansion of a use or structure in all zones as applicable pursuant to each section noted below.

1. Discharge Prohibited. The operation of any structure or use shall not directly or indirectly discharge air contaminants (e.g., carbon, dust, fumes, gases, mist, noxious acids, odors, particulate matter, smoke, soot, sulfur compounds) into the atmosphere that exceed any local, state or federal air quality standards or that might be obnoxious or offensive to anyone residing or conducting business either on-site or abutting the site.

2. Compliance with Rules and Regulations. Stationary sources of air pollution shall comply with the requirements of the most recent Air Quality Management Plan and any rules identified by the California Environmental Protection Agency (CalEPA), the California Air Resources Board (ARB), and the South Coast Air Quality Management District (SCAQMD).

3. SCAQMD Permit Filing Requirements. If requested by the Community Development Director, operators of uses, activities or processes that require SCAQMD approval to operate shall file a copy of the permit with the Community Development Department within 30 days of approval by SCAQMD.

4. Minimum Separation Distances. The proximity of proposed sensitive land uses to air pollution sources should be considered in the siting of the sensitive use. For the purposes of this section, sensitive land uses are those land uses where individuals who are more susceptible to the effects of air pollution (e.g., athletes, children, the elderly, those with illnesses) than the population at large are most likely to spend time (e.g., schools and schoolyards, parks and playgrounds, day-care centers, nursing homes, hospitals, residential communities).

5. Odor Emissions. Noxious odorous emissions in a manner or quantity that is detrimental to or endangers the public health, safety, comfort or welfare are declared to be a public nuisance and unlawful within City limits. Therefore, the noxious odor source shall be minimized and/or mitigated to prevent further emissions release.

6. Dust and Dirt. Land use activities that may create dust emissions (e.g., construction, grading) shall be conducted so as to create as little dust or dirt emission beyond the boundary line of the parcel as possible, including, but not limited to, the following:

7. Scheduling. Grading activities shall be scheduled to ensure that repeated grading will not be required and that implementation of the proposed land use will occur as soon as possible after grading.

8. Operations During High Winds. Clearing, earthmoving, excavation operations or grading activities shall cease when the wind speed exceeds 25 miles per hour averaged over one hour.

9. Area of Disturbance. The area disturbed by clearing, demolition, earthmoving, excavation operations or grading shall be the minimum required to implement the allowed use.

10. Dust Control. During clearing, demolition, earthmoving, excavation operations or grading, dust emissions shall be controlled by regular watering, paving of construction roads or other dust-preventive measures (e.g., hydroseeding), subject to the approval of the City Engineer.

11. Material(s) excavated or graded shall be watered to prevent dust. Watering, with complete coverage, shall occur at least twice daily, preferably in the late morning and after work is done for the day.

12. Material(s) transported off-site shall be either sufficiently watered or securely covered to prevent dust.

13. On-site Roads. On-site roads shall be paved as soon as feasible. During construction, roads shall be watered periodically and/or shall be chemically stabilized.

14. Revegetation. Graded areas shall be revegetated as soon as possible to minimize dust and erosion. Portions of the construction site to remain inactive longer than three months shall be seeded and watered until grass cover is grown and maintained, subject to the discretion of the City Engineer.

15. Exhaust Emissions. Construction-related exhaust emissions shall be minimized by maintaining equipment in good running condition and in proper tune in compliance with manufacturer’s specifications. Construction equipment shall not be left idling for long periods of time.

Existing and proposed uses shall not generate excessive heat, electrical disturbances or radioactive emissions that can or may be considered hazardous or a nuisance, or the use shall be shielded, contained or otherwise modified to prevent these generations, disturbances or emissions.

Any existing or proposed use that constitutes or may be considered a nuisance or hazard on any adjacent property due to emittance of excessive light or glare from mechanical or chemical processes or from reflective materials used or stored on the site shall be shielded or otherwise modified to prevent such emissions.

1. Intent. At certain levels, sound becomes noise and may jeopardize the health, safety or general welfare of city residents and degrade their quality of life. Pursuant to its police power, the City Council hereby declares that noise shall be regulated in the manner described herein. This chapter is intended to establish citywide standards regulating noise. This chapter is not intended to establish thresholds of significance for the purpose of any analysis required by the California Environmental Quality Act (CEQA), and no such thresholds are hereby established.

2. General Exemptions. Sound emanating from the following sources are exempt from the provisions of this chapter:

3. Facilities owned or operated by or for a governmental agency.

4. Capital improvement projects of a governmental agency.

5. The maintenance or repair of public properties.

6. Public safety personnel in the course of executing their official duties, including, but not limited to, sworn peace officers, emergency personnel and public utility personnel. This exemption includes, without limitation, sound emanating from all equipment used by such personnel, whether stationary or mobile.

7. Public and private schools and school-sponsored activities.

8. Agricultural operations on land designated Agriculture in the City's General Plan, or land zoned AG (Agriculture), provided such operations are carried out in a manner consistent with accepted industry standards. This exemption includes, without limitation, sound emanating from all equipment used during such operations, whether stationary or mobile.

9. Wind energy conversion systems (WECS), provided such systems comply with the noise provisions of the Menifee Municipal Code.

10. Property maintenance, including, but not limited to, the operation of lawnmowers, leaf blowers, etc., provided such maintenance occurs between the hours of 7:00 a.m. and 8:00 p.m.

11. Motor vehicles (factory equipped), other than off-highway vehicles. This exemption does not include sound emanating from motor vehicle sound systems.

12. Heating and air conditioning equipment in proper repair.

13. Safety, warning and alarm devices, including, but not limited to, house and car alarms, and other warning devices that are designed to protect the public health, safety and welfare.

14. The discharge of firearms consistent with all state laws.

15. Bars, nightclubs, cocktail lounges, cabarets, billiards/pool halls, restaurants, drive-ins and eating establishments that have a Conditional Use Permit for on-site alcohol sales and live entertainment (interior noise). Outdoor patios and similar areas shall be subject to the requirements of this chapter, unless conditioned otherwise under Conditional Use Permit review.

16. Construction-Related Exemptions. Exceptions may be requested from the standards set forth in Section 9.210.060 of this chapter and may be characterized as construction-related, single event or continuous events exceptions.

17. Private construction projects, with or without a Building Permit, located one-quarter of a mile or more from an inhabited dwelling.

18. Private construction projects, with or without a building permit, located within one-quarter of a mile from an inhabited dwelling, shall be permitted Monday through Saturday, except nationally recognized holidays, 6:30 a.m. to 7:00 p.m., or specified in Section 8.01.010. There shall be no construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer.

19. Construction-related exceptions. If construction occurs during off hours or exceeds noise thresholds, an application for a construction-related exception shall be made using the temporary use application provided by the Community Development Director in Chapter 9.105 of this Title. For construction activities on Sunday or nationally recognized holidays, Section 8.01.010 of this Code shall prevail.

20. General Sound Level Standards. No person shall create any sound, or allow the creation of any sound, on any property that causes the exterior and interior sound level on any other occupied property to exceed the sound level standards set forth in Table 9.210.060-1, Stationary Source Noise Standards.

Table 9.210.060-1 Stationary Source Noise Standards

5. Sound Level Measurement Methodology. Sound level measurements may be made anywhere within the boundaries of an occupied property. The actual location of a sound level measurement shall be at the discretion of the enforcement officials identified in Section 9.210.060.G. Sound level measurements shall be made with a sound level meter. Immediately before a measurement is made, the sound level meter shall be calibrated utilizing an acoustical calibrator meeting the standards of the American National Standards Institute. Following a sound level measurement, the calibration of the sound level meter shall be reverified. Sound level meters and calibration equipment shall be certified annually.

6. Special Sound Level Measurement Methodology. The general sound level standards set forth in Section 9.210.060.E apply to sound emanating from all sources, including the following special sound sources, and the person creating, or allowing the creation of, the sound is subject to the requirements of that section. The following special sound sources are also subject to the following additional standards; failure to comply with these standards constitutes separate violations of this chapter.

7. Motor vehicles.

8. Off-highway vehicles.

9. No person shall operate an off-highway vehicle unless it is equipped with a USDA-qualified spark arrester and a constantly operating and properly maintained muffler. A muffler is not considered constantly operating and properly maintained if it is equipped with a cutout, bypass or similar device.

10. No person shall operate an off-highway vehicle unless the noise emitted by the vehicle is not more than 96 dBA if the vehicle was manufactured on or after January 1, 1986, or is not more than 101 dBA if the vehicle was manufactured before January 1, 1986. For purposes of this division, emitted noise shall be measured a distance of 20 inches from the vehicle tailpipe using test procedures established by the Society of Automotive Engineers under Standard J-1287.

11. Sound systems. No person shall operate a motor vehicle sound system, whether affixed to the vehicle or not, between the hours of 10:00 p.m. and 8:00 a.m. the following morning, such that the sound system is audible to the human ear inside any inhabited dwelling. No person shall operate a motor vehicle sound system, whether affixed to the vehicle or not, at any other time such that the sound system is audible to the human ear at a distance greater than 100 feet from the vehicle.

12. Power tools and equipment. No person shall operate any power tools or equipment as specified in Section 8.01.010, such that the power tools or equipment is audible to the human ear inside an inhabited dwelling other than a dwelling in which the power tools or equipment may be located. No person shall operate any power tools or equipment at any other time such that the power tools or equipment are audible to the human ear at a distance greater than 100 feet from the power tools or equipment.

13. Audio equipment. No person shall operate any audio equipment, whether portable or not, between the hours of 10:00 p.m. and 8:00 a.m. the following morning such that the equipment is audible to the human ear inside an inhabited dwelling other than a dwelling in which the equipment may be located. No person shall operate any audio equipment, whether portable or not, at any other time such that the equipment is audible to the human ear at a distance greater than 100 feet from the equipment.

14. Sound-amplifying equipment and live music. No person shall install, use or operate sound-amplifying equipment, or perform, or allow to be performed, live music unless such activities comply with the following requirements. To the extent that these requirements conflict with any conditions of approval attached to an underlying land use permit, these requirements shall control.

15. Sound-amplifying equipment or live music is prohibited between the hours of 10:00 p.m. and 8:00 a.m. the following morning on Sunday through Thursday and between the hours of 11:00 p.m. and 8:00 a.m. the following morning on Friday and Saturday.

16. Sound emanating from sound-amplifying equipment or live music at any other time shall not be audible to the human ear at a distance greater than 200 feet from the equipment or music.

17. Duty to Cooperate. No person shall refuse to cooperate with, or obstruct, any peace officer or code enforcement officer when he or she is engaged in the process of enforcing the provisions of this chapter. This duty to cooperate may require a person to extinguish a sound source so that it can be determined whether sound emanating from the source violates the provisions of this chapter.

All uses shall be so operated so as not to generate vibration discernible without instruments by the average person while on or beyond the lot upon which the source is located or within an adjoining enclosed space if more than one establishment occupies a structure. Vibration caused by motor vehicles, trains and temporary construction is exempted from this standard.

1. Maintenance required. Buildings, structures, yards and other improvements shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood.

2. Prohibited conditions. The following conditions shall be prohibited:

3. Dilapidated, deteriorating or unrepaired structures (e.g., fences, roofs, doors, walls, windows).

4. Scrap lumber, junk, trash or debris.

5. Abandoned, discarded or unused objects or equipment (e.g., automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers).

6. Stagnant water or excavations, including pools and spas.

7. Applicable regulations. Other applicable regulations on property maintenance include Chapter 11.40 (Abatement of Graffiti), Chapter 6.10 (Illegal Dumping), and Chapter 8.20 Nuisances Generally (Nuisances) of this Code.

The following standards are intended to ensure that the use, handling, storage and transportation of hazardous substances comply with the Menifee General Plan Safety Element S-5: Hazardous Materials, and all applicable state laws (Government Code Section 65850.2 and Health and Safety Code Section 25505, et seq.) and that appropriate information is reported to the City.

A Conditional Use Permit is required pursuant to Chapter 9.40 (Conditional Use Permits) for the storage of hazardous materials in conjunction with an on-site primary use where quantities are in excess of the threshold specified in the Uniform Building Code.

For the purposes of this section, "hazardous substances" shall include all substances on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Toxic Substances Control.

1. Reporting Requirements. All businesses required by state law (Health and Safety Code Chapter 6.95) to prepare hazardous materials release response plans shall submit copies of these plans, including any revisions, to the Community Development Director at the same time these plans are submitted to the Fire Department.

2. Underground Storage. Underground storage of hazardous substances shall comply with all applicable requirements of state law (Health and Safety Code Chapter 6.7, and Section 79.1 13(a) of the Uniform Fire Code). Businesses that use underground storage tanks shall comply with the following notification procedures:

3. Notify the Fire Department of any unauthorized release of hazardous substances immediately and take steps necessary to control the release; and

4. Notify the Fire Department and the Community Development Director of any proposed abandoning, closing or ceasing operation of an underground storage tank and the actions to be taken to dispose of any hazardous substances.

5. Aboveground Storage. Aboveground storage tanks for flammable liquids may be allowed subject to the approval of the Fire Department.

6. Combustibles, Explosives and Discharge of Waste.

7. 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).

8. 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.

9. All discharge of waste shall be in conformity with the provisions of Chapter 15.01 of this Title, as amended.

10. New Development. Structures subject to the provisions of this development code, as well as all newly created parcels, shall be designed to accommodate a setback of at least 50 feet from any existing natural gas or petroleum pipeline. This setback may be reduced, only if the Community Development Director can make one or more of the following findings:

11. The structure would be protected from the radiant heat of an explosion by berming or other physical barriers.

12. A 50-foot setback would be impractical or unnecessary because of existing topography, streets, parcel lines or easements.

13. A containment system or other mitigating facility shall be constructed, and the City Engineer finds that a leak would accumulate within the reduced setback area. The design of the system shall be subject to the approval of the City Engineer.

For the purpose of this section, a pipeline is defined as follows:

4. A pipe with a nominal diameter of 6 inches or more that is used to transport hazardous liquid, but does not include a pipe used to transport or store hazardous liquid within a refinery, storage or manufacturing facility; or

5. A pipe with a nominal diameter of 6 inches or more operated at a pressure of more than 275 pounds for each square inch that carries gas.

6. Notification Required. A subdivider of a development within 500 feet of a pipeline shall notify a new/potential owner at the time of purchase and at the close of escrow of the location, size and type of pipeline.