Article III — GENERAL REGULATIONS

CHAPTER 9.20. - PROPERTY DEVELOPMENT STANDARDS

These standards shall ensure that new or modified uses and development will produce an urban environment of stable, desirable character which is harmonious with the existing and future development and protects the use and enjoyment of neighboring properties, consistent with the general plan.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.20.010. - Applicability.

Any new structure or use or modification/change to an existing structure or use shall comply with all of the applicable standards contained in this chapter.

Sec. 9.20.015. - General standards.

All new or modified structures and uses (including changes in use) shall conform with all of the following standards prior to construction, change in use, or during normal operations as applicable:

(a)

Access

(b)

Development considerations

(c)

Dust and dirt

(d)

Environmental assessment

(e)

Exterior structure walls

(f)

Fences, walls, and hedges

(g)

Fire protection

(h)

Fumes, vapor, and gases

(i)

Glare and heat

(j)

Hazardous materials

(k)

Height determination

(l)

Lighting

(m)

Odor

(n)

Projections into setbacks

(o)

Radioactivity

(p)

Refuse storage/disposal

(q) Screening

(r)

Signs

(s)

Solar energy

(t)

Storage

(u)

Toxic substances

(v)

Undergrounding of utilities

(w)

Vibration

These standards apply to more than one zoning district, and therefore, are combined in this chapter. Also, these standards shall be considered/followed in conjunction with the standards and design guidelines

located in the specific zoning district chapters.

(a)

Access. Every structure or use shall have frontage upon a public street or permanent means of access to a public street by way of a public or private easement or recorded reciprocal access agreement.

(b)

Development considerations. The following standards are in addition to the specific design guidelines contained in the individual zoning districts:

(1)

The proposed development shall be of a quality and character which is consistent with the community design goals and policies including, but not limited to, scale, height, bulk, materials, cohesiveness, colors, roof pitch, roof eaves, and the preservation of privacy.

(2)

The design shall improve community appearance by avoiding excessive variety and monotonous repetition.

(3)

Proposed signage and landscaping shall be an integral architectural feature which does not overwhelm or dominate the structure or property.

(4)

Lighting shall be energy efficient, stationary, and directed away from all adjacent properties and public streets and rights-of-way.

(5)

Mechanical equipment, storage, trash areas, and utilities shall be architecturally screened from public view.

(6)

With the intent of protecting sensitive land uses, the proposed design shall promote a harmonious and compatible transition.

(7)

All structure elevations shall be architecturally embellished.

(8)

Parking structures shall be architecturally compatible with both the primary (on-site) and adjacent structures.

(9)

Both sides of all perimeter walls or fences shall be architecturally treated.

(10)

Nearly vertical roofs (A-frames) and piecemeal mansard roofs (used on a portion of the structure perimeter only) are prohibited. Mansard roofs shall wrap around the entire structure perimeter.

(c)

Dust and dirt. All land use activities (i.e., construction, grading, and agriculture) shall be conducted so as to create as little dust or dirt emission beyond any boundary line of the parcel as possible. To control fugitive dust and dirt emission, appropriate grading procedures shall include, but are not limited to, the following:

(1)

All grading activities shall be scheduled to ensure that repeated grading will not be required and that implementation of the desired land use (i.e., planting, paving, or construction) will occur as soon as possible after grading.

(2)

Native vegetation shall be protected and shall be disturbed as little as possible.

(3)

Graded areas shall be watered as often as necessary to prevent blowing dust and dirt.

(4)

Graded areas shall be revegetated as soon as possible.

(5)

Where appropriate, walls or fences shall be constructed to contain dust and dirt within the parcel subject to the approval of the director of public works.

(6)

Erosion control measures shall be implemented from October 15 to April 15.

(d)

Environmental assessment. All development proposals shall be evaluated in compliance with the California Environmental Quality Act (CEQA), city, and all general plan environmental policies including, but not limited to, biological resource management areas; riparian corridors; rare, threatened and/or endangered species; air quality; mineral resources; archaeological resources; and geologic hazards, pursuant to chapter 2 of CEQA.

(e)

Exterior structure walls. The following standards shall apply to all exterior structure wall construction:

(1)

Because structure walls tend to be the main architectural and visual feature in any major development, restraint must be exercised in the number of permissible finish materials. The harmony of materials and particularly color treatment is essential to achieve unity in the project.

(2)

The following elements are deemed unacceptable in any development and therefore shall be prohibited:

a.

Nonanodized and unpainted aluminum finished window frames.

b.

Metal grills and facades. However, grills and facades of unique design and in keeping with the general decor of the development and neighborhood may be permitted subject to prior approval by the director.

c.

Aluminum or other metal panels on the street elevation, unless it can be demonstrated that they are consistent with the structure's overall design character and do not adversely affect the pedestrian environment.

d.

Reflective "mirror" type glass windows/panels, unless approved by the appropriate review authority.

(f)

Fences, walls and hedges. The following standards shall apply to the installation of all fences, walls, and hedges:

(1)

On a corner parcel, no fence, wall, hedge, sign, or other structure, shrubbery, mounds of earth, or other visual obstruction over 42 inches in height above the nearest street curb elevation shall be erected, placed, planted, or allowed to grow within a traffic safety sight area. The foregoing provision shall not apply to public utility poles; trees trimmed (to the trunk) to a line at least 6 feet above the level of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave at all seasons a clear and unobstructed crossview; supporting members of appurtenances to permanent structures existing on the date that this code becomes effective; and official warning signs or signals.

(2)

A maximum six-foot-high fence, wall, or hedge may be located anywhere on a parcel except in a traffic safety sight area, a required front setback, or street-side setback. The maximum height in these locations shall be 42 inches or as required by other regulations within this code.

(3)

When there is a difference in the ground level between two adjoining parcels, the height of any fence or wall constructed along the property line shall be determined by using the finished grade of the highest contiguous parcel.

(4)

Only one type of fence or wall design shall be permitted on any one parcel or development. The design may include an appropriate mix of materials and finish subject to the approval of the director.

(5)

Subsequent addition to fences and walls must be constructed of materials which are compatible with the original fence or wall design and subject to the approval of the director.

(6)

Crib block walls with appropriate landscaping materials and a comprehensive landscape maintenance program may be considered by the planning commission.

(7)

If used in the construction of a fence or wall visible from a public right-of-way, materials such as wood and uncolored cinder block shall be treated with a decorative finish compatible with the environs. Wood fences shall be painted or stained. Uncolored cinder block walls shall be covered with stucco or other similar materials.

(8)

The use of electrified fence or razor wire fence in conjunction with any fence, wall, or hedge, or by itself within any zone, is prohibited unless required by any law or regulation of the city, the state, or any agency thereof.

(9)

The use of barbed wire is prohibited unless approved by the director.

(10)

Chain link fencing is permitted only in conjunction with private or commercial tennis courts and where required by any law or regulation of the city, the state, or any agency thereof.

(11)

Fencing or walls are required between single-family dwellings or residential developments which are adjacent to public parks, open spaces, and/or major rights-of-way. The permanent fencing or walls are to be provided by the developer prior to the completion of construction.

(12)

The provisions of this section shall not apply to a fence or wall required by any law or regulation of the city, the state, or any agency thereof.

(g)

Fire protection. All structures and uses shall meet the requirements of the City Fire Code.

(h)

Fumes, vapor, gases, and other forms of air pollution. If any existing or proposed use or portion thereof produces emissions which can cause damage to human health, animals, vegetation, or property in such quantities as can or may be readily detectable at any point along or outside the boundary lines of the parcel, the use responsible shall have the source of the contaminant muffled or controlled in order to prevent the issuance, continuance, or recurrence of any emission detectable beyond the boundary lines of the subject parcel. All emissions shall be in compliance with applicable air quality management district and regional water quality control board permits/regulations.

(i)

Glare and heat. If any existing or proposed use or portion thereof produces glare or heat that constitutes or may be considered to constitute a nuisance or hazard on any adjacent property, such as from arc welder, acetylene torches, furnaces, or similar equipment, the use responsible shall incorporate a shield or control all sources of glare or heat in order to prevent the issuance, continuance, or recurrence of the nuisance or hazard.

(j)

Hazardous materials. The following standards are intended to ensure that the use, handling, storage, and transportation of hazardous substances comply with all applicable state laws (Government Code § 65850.2 and Health and Safety Code §§ 25505 et seq.). It is not the intent of these regulations to impose additional restrictions on the management of hazardous wastes, which would be contrary to state law, but only to require reporting of information to the city that must be provided to other public agencies.

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 Health Services.

(1)

A conditional use permit shall be required for any new commercial, industrial, or institutional or accessory use, or major addition to an existing use, that involves the manufacture, storage, handling, or processing of hazardous substances in sufficient quantities that would require permits as hazardous chemicals under the Uniform Fire Code, with the following exceptions:

a.

Underground storage of bulk flammable and combustible liquids as determined applicable by the director of community development.

b.

Hazardous substances in container sizes of ten gallons or less that are stored or maintained for the purpose of retail or wholesale sales.

(2)

All businesses required by state law (California Health and Safety Code, ch. 6.95) to prepare hazardous materials release response plans shall submit copies of these plans, including revisions to the director at the same time these plans are submitted to the city fire department which is responsible for administering these provisions.

(3)

Underground storage of hazardous substances shall comply with all applicable requirements of state law (California Health and Safety Code, ch. 6.7; and Section 79.113(a) of the Uniform Fire Code). Any business that uses underground storage tanks shall comply with the following notification procedures:

a.

Notify the city fire department of any unauthorized release of hazardous substances immediately or no later than 24 hours after the release has been detected and the steps taken to control the release.

b.

Notify the city fire department and the 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.

(4)

Aboveground storage tanks for any flammable liquids shall be allowed only at refinery or bulk storage plant locations, subject to the approval of the city fire department.

(k)

Height determination (structures). All structures shall meet the following standards relating to height:

(1)

The structure's height shall not exceed the standard for the zoning district in which it is located. The structure's height shall be determined from the finished grade to the highest point of the structure, excluding chimneys and vents.

(2)

Final pad elevations shall be reviewed and approved by the director and the city engineer based on the following criteria:

a.

Flood control.

b.

Site drainage.

c.

Viewshed protection from both public and private property.

d.

Protection of privacy of surrounding parcels including consideration of the location of windows, doors, balconies, and decks.

e.

Structure setback in relation to structure height and property lines.

f.

Sightline and structure envelope analysis.

g.

Sewer line grade and location.

h.

Necessary slopes and retaining walls.

(3)

Perimeter fences, or walls, shall not exceed six feet in height, unless otherwise provided in this code. The height shall be measured from the finished grade of the parcel at the fence or wall.

(4)

Architectural walls integral to the structure design and attached to the structure may exceed six feet in height, subject to approval by the director.

(5)

Freestanding flagpoles may not exceed 35 feet in height.

(l)

Lighting. Exterior lighting shall be energy-efficient and shielded or recessed so that direct glare and reflections are confined to the maximum extent feasible within the boundaries of the parcel, and shall be directed downward and away from adjoining properties and public rights-of-way. No lighting shall blink, flash, or be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in scale, intensity, and height to the use they are serving. Security lighting shall be provided at all entrances/exits.

For parking lot lighting, the amount of light projected onto any ground or wall surface shall not be less than two footcandles nor exceed five footcandles at the base of the light fixtures. The electrical plan shall demonstrate the dispersal of light on the ground surface and compliance with the requirements of this section.

(m)

Odor. If any existing or proposed use or portion thereof produces odors or noxious matter in such quantities as can or may be readily detectable at any point along or outside the boundary lines of the parcel the use responsible shall have the source of the contaminant controlled in order to prevent the issuance, continuance, or recurrence of any odor detectable beyond the boundary lines of the subject parcel.

(n)

Projections/construction/equipment permitted into setbacks. The following list represents the only projections/construction/equipment that shall be permitted within the required setbacks:

In no case shall a roof overhang be closer than two feet or fireplace chimney, wing walls, or minor architectural feature closer than three feet to any property line.

(o)

Radioactivity or electric disturbance. Any existing or proposed use or portion thereof that can or may generate any electrical disturbances or produce any radioactive emanations that can or may be considered a nuisance or hazard shall shield or control the source of the electrical or radioactive emanations in order to prevent the issuance, continuance, or recurrence of any hazardous or disturbing emanations.

(p)

Refuse storage/disposal. Every parcel with an occupied structure shall have a trash receptacle(s) on the premises. The trash receptacle(s) shall be of sufficient number and size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least three sides by a solid wall seven feet in height and on the fourth side by a solid metal gate not less than six feet in height. The gate shall be maintained in good working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures. Trash receptacles for single-family homes shall not be visible from public and private rights-of-way.

(q)

Screening. Wherever a parcel zoned for commercial or industrial purposes abuts a residential zoning district, there shall be erected along the property line abutting the residential zoning district a six-foot-high solid decorative masonry wall. The wall shall be architecturally treated on both sides, subject to the approval of the director.

Any equipment, whether on the roof, side of structure, or ground, shall be screened. The method of screening shall be architecturally compatible in terms of materials, colors, shape, and size. The screening design shall blend with the design of the structure and include landscaping when on the ground.

(r)

Signs. All signs shall comply with the provisions of chapter 9.29 (Sign Standards).

(s)

Solar energy development standards. Solar energy equipment shall comply with the following standards:

(1)

Roof-mounted solar collectors shall be placed in the most obscure location without reducing the operating efficiency of the collectors. Wall-mounted and ground-mounted collectors shall be screened from public view.

(2)

Roof-mounted collectors shall be installed at the same angle or as close as possible to the pitch of the roof.

(3)

Appurtenant equipment, particularly plumbing and related fixtures, shall be installed in the attic.

(4)

Exterior surfaces of the collectors and related equipment shall have a matte finish and shall be colorcoordinated to harmonize with roof materials and other dominate colors of the structure.

(t)

Storage. There shall be no visible storage of motor vehicles, trailers, airplanes, boats, or their composite parts; loose rubbish, garbage, junk, or their receptacles; tents; or building or manufacturing materials on any portion of a parcel, including recreational vehicles pursuant to section 9.59.110(h)(2). No storage shall occur on any vacant parcel.

Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction.

(u)

Toxic substances and wastes. No use may operate that utilizes toxic substances or produces toxic waste without the approval of a conditional use permit, pursuant to the provisions of chapter 9.48 (Conditional Use Permits). Prior to consideration of an application for a conditional use permit, the operator shall prepare a toxic substance and waste management plan which will provide for the safe use and disposal of these substances.

(v)

Undergrounding of utilities. Utilities shall be placed underground to the extent feasible. In the event an aboveground electrical transformer is located outdoors on any site, it shall be screened from view with a solid wall and/or landscaping and not located in any setback area. If it cannot be screened to the satisfaction of the director, it shall be located in an underground vault.

(w)

Vibration. Any existing or proposed use or portion thereof generating vibrations that can or may be considered a nuisance or hazard on any adjacent parcel shall have the source of the vibration muffled or controlled in order to prevent the issuance, continuance, or recurrence of the disturbing vibrations.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.21. - HAZARDOUS WASTE FACILITY SITING

The purpose of this chapter is to establish uniform standards in order to regulate the location, design, and maintenance of hazardous waste facilities and to protect the health, quality of life, and the environment of the city, based upon the following policies:

(a)

Hazardous waste management strategies shall be ranked so that source reduction is first, on-site recycling is second, off-site recycling is third, on-site treatment is fourth, off-site treatment is fifth, and disposal is sixth.

(b)

Public participation shall be the highest priority during the process of siting hazardous waste facility projects.

(c)

The city shall cooperate with other local, state, and federal agencies to efficiently regulate the management of hazardous materials and waste.

(d)

Transportation of hazardous waste shall be minimized, and regulated to the maximum extent feasible, in order to avoid environmentally sensitive areas and populated, congested, and dangerous routes, especially within the city.

(e)

Regulations governing the discharge of hazardous wastes into the city sewer system shall be strictly enforced.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

As applied to this chapter, the terms: "hazardous waste," "hazardous waste facility" or "facility," "hazardous waste facility project," and "specified hazardous waste facility project," are defined by state law (Health and Safety Code §§ 25117, 25117.1, 25199.1 [b], 25199.1[n], respectively).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.21.020. - Applicability, standards, and locational criteria.

(a)

All hazardous waste facilities are limited to the BP zoning district, and shall require the approval of a conditional use permit, pursuant to chapter 9.48, in addition to complying with state law (Health and Safety Code §§ 25199 et seq.)

(b)

In addition to standards outlined in this chapter, code, and state law, the following shall apply:

(1)

Proximity to populations. For a residual repository, as defined by state law (Health and Safety Code), the distance from the active portion of the facility to one or more residences shall be a minimum of 2,000 feet. Treatment and storage facilities, as defined by state law (Heath and Safety Code), shall comply with all development standards (i.e., setbacks, height, etc.) for the BP zoning district, unless a greater distance is justified, based upon the findings of a risk assessment.

(2)

Proximity to immobile populations. A risk assessment shall be performed which details the maximum credible accident resulting from the facility operations and its impact on all immobile populations within the

city. The extent of the study shall appropriately address the quantity and types of wastes that could be received at the facility. Additionally, the study shall provide an estimate of the distance over which the affects of a spill or emergency situation would carry and a variety of options and related procedures for significantly reducing identified risks.

(3)

Capability of emergency services. All facilities shall be located in areas where city and other local fire units are able to respond immediately to hazardous materials accidents, based upon mutual aid agreements, and where emergency response times have been demonstrated to equal or exceed those established by the city fire department. In addition, hazardous materials accident response services at the facility may be required, based upon the type of wastes handled or location of the facility.

(4)

Flood hazard areas. Residual repositories are prohibited in areas subject to inundation by a base flood (i.e., 100-year flood), and shall not be located in areas subject to flash floods or debris flows. All other facilities shall avoid locating in floodplains or areas subject to flash floods or debris flows unless they are designed, constructed, operated, and permanently maintained to prevent migration of hazardous wastes in the event of inundation.

(5)

Proximity to active or potentially active faults. All facilities shall maintain a 200 foot setback from a known earthquake fault.

(6)

Slope stability and subsidence/liquefaction. Residual repositories are prohibited in areas of potential rapid geologic change (i.e., slope subsidence or liquefaction). All other facilities shall avoid locating in areas of potential rapid geologic change unless containment structures are designed, constructed, and permanently maintained to preclude failure.

(7)

Dam failure inundation areas. All hazardous waste management facilities shall be located outside a dam failure inundation area.

(8)

Aqueducts and reservoirs. All facilities shall locate in areas with minimum threat to the contamination of drinking water sources contained in aqueducts and reservoirs.

(9)

Discharge of treated effluent. Facilities generating wastewater shall have access to adequate sewer capacity in order to accommodate projected wastewater discharge. If sewers are not available, the site should be evaluated for potential sewer connection, or feasible discharge directly into a stream.

(10)

Proximity to supply wells and well fields. A residual repository shall be located away from the cone of depression created by the test pumping of a well or well field for a minimum of 90 days. Location is preferred where the saturated zone predominantly discharges to nonpotable water without any intermediate withdrawals for public water supply. All other hazardous waste facilities shall locate outside the defined cone of depression.

(11)

Depth of groundwater. Residual repositories and facilities with subsurface storage and/or treatment are prohibited in areas where the highest anticipated elevation of underlying groundwater is five feet, or less from the lowest surface point of the facility. At all facilities, the foundation of all containment structures shall be capable of withstanding hydraulic pressure gradients to prevent failure as a result of settlement, compression, or uplift, as certified by a California-Registered Civil Engineering Geologist.

(12)

Groundwater monitoring. Residual repositories and facilities with subsurface storage and/or treatment shall develop a program that successfully complies with California Regional Water Quality Control Board permit requirements for groundwater monitoring.

(13)

Major aquifer recharge area. Residual repositories are prohibited within any area known to be, or suspected of, supplying principal recharge to a regional aquifer.

(14)

Soil permeability. Soil permeability requirements for disposal and subsurface treatment and storage facilities shall conform to state water resources control board standards. All other surface facilities shall contain engineered structural design features consistent with other similar types of industrial facilities, including spill containment and monitoring systems.

(15)

Existing groundwater quality. Residual repositories are permitted only where the uppermost waterbearing zone or aquifer is presently mineralized (by natural or human-induced conditions) to the extent that future potential beneficial use is not feasible.

(16)

Nonattainment area. By locating in an nonattainment area, all facilities emitting air contaminants in excess of established limits shall be subject to preconstruction review under new source review requirements and shall obtain permits to construct and operate from the South Coast Air Quality Management District.

(17)

Prevention of significant deterioration (PSD) area. All facilities classified as major stationary sources under the PSD regulations, shall be subject to preconstruction review and implementation of best available control technology.

(18)

Wetlands. All facilities are prohibited from locating in wetlands unless no additional filling is required, and fish, plant, and wildlife resources are preserved on-site, or elsewhere in the city.

(19)

Proximity to habitats of threatened and endangered species. All facilities are prohibited in habitats of threatened or endangered species, unless the applicant can demonstrate that the subject habitat will not be unreasonably disturbed and the survival of the species will not be threatened.

(20)

Recreation, cultural, or aesthetic areas. All facilities shall be prohibited in areas of recreation, cultural, or aesthetic value, as determined by the review authority.

(21)

Proximity to schools. All facilities are prohibited from locating within 1,000 feet of a school.

(22)

Areas of potential mineral deposits. Residual repositories shall not be located on or near parcels classified as containing mineral deposits of significance by California's Mineral Land Class Maps and Reports.

(23)

Proximity to areas of waste generation. Subject to other requirements contained in this chapter, all facilities shall be located in areas best suited for providing services to the hazardous waste generators of the city. Facilities which intend primarily to serve generators outside the city shall demonstrate why the facility cannot be located closer to the sources of hazardous waste to be serviced.

(24)

Distance from major transportation routes. Distance traveled by facility trucks on arterial, collector, and local city streets shall be at a minimum. Facility operators shall be required to pay user fees to ensure proper street construction and maintenance necessary to accommodate anticipated increased traffic generated by a facility.

(25)

Structures fronting on minor routes. All facilities shall be located to minimize the use of arterial, collector, and local city streets by trucks that connect a facility to a state highway or freeway, particularly any city street used primarily by occupants of nonindustrial structures (i.e., residences, hospitals, schools, etc.). The permit application shall include an evaluation of the "population at risk" based upon Federal Highway Administration guidelines for applying criteria to designate routes for transporting hazardous materials. The

population at risk factor should not exceed that for existing facilities and sites in which lower factors are preferred.

(26)

Capacity vs. average daily traffic of access roads. The changes projected by a proposed facility in the ratio of route capacity to annual daily traffic shall be negligible.

(27)

Changes in real property values. The project applicant shall fund an independent study of facility impact on real property values within the city. The project applicant and the director shall agree beforehand upon the scope of the study and how it will be conducted.

(28)

Direct revenue to the city. The city shall investigate and impose appropriate taxes, fees, and other compensation options related to a proposed facility.

(29)

Changes in employment. The project applicant shall fund an independent study of anticipated changes in employment if the proposed facility is located within the city. The project applicant and the director shall agree beforehand on the scope of the study and how it will be conducted.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.21.025. - Safety and security.

The owner/operator shall submit a safety and security plan for approval by the director with consultation from the chief of police services and fire chief. Incorporated in the safety and security plan shall be all necessary steps to provide for the following safety/security measures:

(a)

The owner or operator shall prevent the unauthorized entry of persons or animals onto any portion of the facility.

(b)

The owner or operator shall provide continual 24-hour surveillance to control entry onto the facility.

(c)

Perimeter fencing shall be constructed of a material and at a height specified by the review authority.

(d)

Signs with the legend "DANGER HAZARDOUS WASTE AREA - UNAUTHORIZED PERSONNEL KEEP OUT," shall be posted at each entrance to the facility and at other locations, as specified by the director.

The legend shall be written in both English and Spanish, and shall be legible from a distance of at least 25 feet.

A safety and security plan outlining how the owner or operator shall satisfy the provisions listed above shall be submitted to the police chief, fire chief, and director for joint review and approval.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The owner/operator shall cooperate with the city in complying with all of the following monitoring measures:

(a)

The city shall be authorized to enforce all codes and conditions related to the facility, including entry onto the subject property to ensure compliance.

(b)

The owner or operator shall report quarterly to the director regarding the amount, type, and disposition of all wastes processed by the facility. The report shall include clear copies of all manifests showing the exact location (coordinates and elevation) of quantities and types of materials placed in repositories or otherwise stored or disposed on-site.

(c)

The owner or operator shall immediately distribute copies of all compliance records as to facility operations and copies of all inspection reports made by other local, state or federal agencies to the director.

(d)

An emergency response plan shall be prepared and updated annually. In addition, the emergency response plan shall be signed by all facility management personnel, and distributed to all local emergency response agencies, as defined by the director.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.21.035. - General conditions.

In addition to the standards and locational criteria contained in section 9.21.020, the following conditions and standards may be applied:

(a)

No hazardous waste facility shall be approved if, by itself or in combination with other similar facilities, it may manage a volume or type of hazardous waste in excess of that generated within the city, which is not presently being managed by a facility in the city, unless satisfactory compensation is provided to the city, or as provided by a joint powers agreement.

(b)

Any proposed modifications to the types and/or quantities of hazardous wastes managed by an approved facility shall require the filing of an application to amend the original permit, pursuant to chapter 9.44 (Minor Modifications).

(c)

A hazardous waste facility project shall have a contingency plan approved by the state department of health services prior to approval by the city's review authority. The contingency plan shall be maintained at the facility, with clear copies provided to all appropriate city (i.e., police, fire, etc.), county, and state agencies, including hospitals, etc., as determined by the director.

(d)

The owner or operator of a hazardous waste facility project shall, prior to approval by the city's review authority, submit to the director a written closure plan approved by the state department of health services. All revisions to an approved closure plan shall be submitted to the director for review.

(e)

Prior to issuance of a certificate of occupancy, the permit applicant shall document that all financial responsibility requirements imposed by the department of health services and any other federal or state agency have been met.

(f)

The applicant shall agree to indemnify, defend, and hold the city harmless against all claims, actions, or liabilities relating to permit approval and its subsequent development.

(g)

No hazardous waste facility project shall be approved if it significantly reduces incentives for waste minimization by hazardous waste generators.

(h)

All owners or operators shall prepare and submit an annual emergency response preparedness report to the director. The report shall be initialed by each person at the facility who has emergency response assignments.

(i)

All owners or operators shall submit an annual air, soil, and groundwater monitoring report to the director.

(j)

The facility owner and operator shall be responsible for all costs of responding to a release of hazardous wastes.

(k)

Any storage, treatment, disposal or transportation of "extremely hazardous waste" by the owner or operator, as defined by state law (Health and Safety Code § 25115), shall be reported to the director, as conditioned during project approval.

(l)

All costs of compliance with the provisions of this chapter shall be borne by the facility owner and operator.

(m)

The city may employ any and all methods permitted by law to enforce the provisions of this chapter, and related requirements of the Municipal Code.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.21.040. - Duration of permit approval.

In addition to the provisions of chapter 9.48 (Conditional Use Permits), an approved conditional use permit for a hazardous waste facility, etc. shall not exceed ten years, and upon initiation of construction, completion of the facility shall be diligently pursued.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.22. - NOISE STANDARDS

Sec. 9.22.005. - Purpose.

The purpose of this chapter is to establish noise standards and to protect the health, safety, welfare, and living/working environments in the city.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.22.010. - Declaration of policy.

It is hereby declared to be the policy of the city to control unnecessary, excessive, and annoying sounds from all sources as specified in this chapter.

It is determined that certain sound levels are detrimental to the public health, welfare, and safety, and contrary to public interest.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.22.015. - Definitions.

(a)

The following words, phrases, and terms as used in this chapter shall have the meaning as indicated below:

(1)

Ambient noise level. The all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.

(2)

Cumulative period. An additive period of time composed of individual time segments which may be continuous or interrupted.

(3)

Decibel (dB). A unit which denotes the ratio between two quantities which are proportional to power: the number of decibels corresponding to the ratio of two amounts of power to ten times the logarithm to the base 10 of this ratio.

(4)

Emergency machinery, vehicle, or work. Any machinery, vehicle, or work used, employed, or performed in an effort to protect, provide, or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service.

(5)

Fixed noise source. A stationary device which creates sounds while fixed or motionless, including but not limited to industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners, leaf blowers, public address systems and refrigeration equipment.

(6)

Grading. Any excavating or filling of earth material, or any combination thereof, conducted at a site to prepare the site for construction or other improvements thereon.

(7)

Impact noise source. The noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest.

(8)

Mobile noise source. Any noise source other than a fixed noise source.

(9)

Noise Level. The "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micronewtons per square meter. The unit of measurement shall be designated as dB(A).

(10)

Residential property. A parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels.

(11)

Simple level meter. An instrument meeting American National Standard Institute's Standard S1.4-1971 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

(12)

Sound pressure level of a sound, in decibels. Twenty times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.22.020. - Noise level measurement criteria.

Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined in section 9.22.015.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.22.025. - Exterior noise standards.

(a)

The following noise standards, unless otherwise specifically indicated, shall apply to all land use entities that affect residential property:

In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by 5 dB(A).

(b)

The following noise standards, unless otherwise specifically indicated, shall apply to all land use entities that affect nonresidential property. If a land use affects both residential and nonresidential property than the residential standards shall be applied.

Nonresidential Exterior Noise Standards

In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by 5 dB(A).

(c)

It shall be unlawful for any person at any location within the city to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by the person, when the foregoing causes the noise level, when measured on any other parcel, either incorporated or unincorporated, to exceed:

(1)

The noise standard for a cumulative period of more than 30 minutes in any hour.

(2)

The noise standard plus 5 dB(A) for a cumulative period of more than 15 minutes in any hour.

(3)

The noise standard plus 10 dB(A) for a cumulative period of more than five minutes in any hour.

(4)

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

(5)

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

(d)

In the event the ambient noise level exceeds any of the first four noise limit categories above, the cumulative period applicable to the category shall be increased to reflect the ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under the category shall be increased to reflect the maximum ambient noise level.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.22.030. - Interior noise standards.

(a)

The following interior noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone:

In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by 5 dB(A).

(b)

It shall be unlawful for any person at any location within the city to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by the person, when the foregoing causes the noise level, when measured within any other dwelling unit on any residential parcel, either incorporated or unincorporated, to exceed:

(1)

The interior noise standard for a cumulative period of more than five minutes in any hour.

(2)

The interior noise standard plus 5 dB(A) for a cumulative period of more than one minute in any hour.

(3)

The interior noise standard plus 10 dB(A) for any period of time.

(c)

In the event the ambient noise level exceeds either of the first two noise limit categories above, the cumulative period applicable to the category shall be increased to reflect the ambient noise level. In the event the ambient noise level exceeds the third noise limit category the maximum allowable noise level under the category shall be increased to reflect the maximum ambient noise level.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.22.035. - Special provisions.

The following activities shall be exempted from the provisions of this chapter:

(a)

Activities conducted on the grounds of any public or private nursery, elementary, intermediate or secondary school or college, or day care home.

(b)

Outdoor gatherings, public dances and shows, provided the events are conducted pursuant to a permit issued by the city.

(c)

Any mechanical device, apparatus, or equipment used, related to or connected with emergency machinery, vehicle or work.

(d)

Noise sources associated with construction, repair, remodeling, or grading of any real property, provided the activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday.

(e)

All mechanical devices, apparatus, or equipment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions.

(f)

Mobile noise sources associated with agricultural operations, provided the operations do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday.

(g)

Noise sources associated with the maintenance of real property, provided the activities take place between 7:00 a.m. and 8:00 p.m. on any day except Sunday or a federal holiday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or a federal holiday.

(h)

Any activity to the extent regulation thereof has been preempted by state or federal law.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The location selected for measuring exterior noise levels shall be at any point on the affected parcel. Interior noise measurements shall be made within the affected dwelling unit. The measurement shall be made at a point at least four feet from the wall, ceiling, or floor nearest the alleged offensive noise source and may be made with the windows of the affected unit open.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.22.045. - Manner of enforcement.

The Orange County Sheriff, the director, and their duly authorized representatives are directed to enforce the provisions of this chapter. The Orange County Sheriff, the director, and their duly authorized

representatives are authorized to arrest any person without a warrant when they have reasonable cause to believe that the person has committed a misdemeanor in their presence.

No person shall interfere with, oppose, or resist any authorized person charged with the enforcement of this chapter while the person is engaged in the performance of his/her duty.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.22.050. - Variance procedure.

An applications for a variance shall comply with the provisions of chapter 9.46 (Variances).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.22.055. - Appeals.

Noise variance appeals shall be processed according to the provisions set forth in chapter 9.56, Hearings and Appeals.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.22.060. - Violations.

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and/or constitute a public nuisance. Each day the violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Notwithstanding the foregoing, a violation may be prosecuted as an administrative civil action pursuant to chapter 1.02 and 1.03 of the Mission Viejo

Municipal Code. The provisions of this chapter shall not be construed as permitting conduct not prescribed herein and shall not effect the enforceability of any other provisions of law.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.23. - RECYCLING FACILITIES

Sec. 9.23.005. - Purpose.

The purpose of this chapter is to establish standards and procedures for the siting and operation of various types and sizes of recycling facilities.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.23.010. - Definitions.

(a)

For the purposes of this chapter, the following definitions shall apply:

(1)

Collection facility. A center for the acceptance by donation, redemption, or purchase of recyclable materials from the public, which may include the following:

a.

Reverse vending machine(s).

b.

Small collection facilities which occupy an area of less than 350 square feet and may include:

(i)

A mobile unit.

(ii)

Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet.

(iii)

Kiosk-type units which may include permanent structures.

c.

Large collection facilities which may occupy an area of more than 350 square feet and may include permanent structures.

(2)

Mobile recycling unit. An automobile, truck, trailer, or van licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials, including bins, boxes, or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials.

(3)

Convenience zones. An area within a two-mile radius of a supermarket.

(4)

Supermarket. A full-service, self-service retail store with gross annual sales of $2,000,000.00 or more, which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.

(5)

Processing facility. A structure or enclosed space used for the collection and processing of recyclable materials either to prepare for shipment or to meet an end-user's specifications. Processing facilities include the following:

a.

Light processing facility occupies an area of under 45,000 square feet of collection, processing and storage area, and averages two outbound truck shipments each day. Light processing facilities include the

following: baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale metals other than food and beverage containers.

b.

A heavy processing facility is any processing facility other than a light processing facility.

(6)

Recycling facility. A center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor is certified by the California Department of Conservation as meeting the requirements of State law (California Beverage Container Recycling and Litter Reduction Act of 1986). A recycling facility does not include storage containers located on a residential, commercial, or industrial parcel used solely for the recycling of material generated on the parcel.

(7)

Recycling or recyclable material. Reusable household materials and containers including, but not limited to, metals, glass, plastic, and paper which are intended for reuse, remanufacture, or reconstitution for the purpose of using in altered form. Recyclable material does not include refuse or hazardous materials.

(8)

Reverse vending machine. An automated mechanical device which accepts one or more types of empty beverage containers including, but not limited to aluminum cans, glass bottles, and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by state law. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. To accept and temporarily store all container types in a proportion commensurate with their relative redemption rates and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

state law. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. To accept and temporarily store all container types in a proportion commensurate with their relative redemption rates and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and will pay by weight instead of by container.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.23.015. - Applicability.

Any recycling facility intending to operate in the city shall comply with all of the provisions in this chapter and are subject to permit review in all commercial and business industrial zoning districts according to the following schedule:

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.23.020. - General standards.

(a)

All recycling facilities shall comply with the following standards:

(1)

Reverse vending machine(s) located within a commercial structure shall not require additional parking spaces for recycling customers and may be permitted in all commercial and industrial zoning districts with a planned development permit subject to compliance with the following standards:

a.

Shall be an accessory use to a commercial facility which is in full compliance with all applicable provisions of this code and the Municipal Code.

b.

Shall be located within 30 feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation.

c.

Shall not occupy parking spaces required by the primary use.

d.

Shall occupy no more than 50 square feet of floor space for each installation, including any protective enclosure, and shall be no more than eight feet in height.

e.

Shall be constructed and maintained with durable waterproof and rustproof material.

f.

Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

g.

Shall have a maximum sign area of four square feet per machine, exclusive of operating instructions.

h.

Shall be maintained in a clean, sanitary, and litter-free condition on a daily basis.

i.

Shall have operating hours which are consistent with the operating hours of the primary use.

j.

Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

k.

Shall maintain an adequate on-site refuse container for disposal of nonhazardous waste.

(b)

Small collection facilities located within applicable commercial and industrial zoning districts shall be subject to a planned development permit and comply with the following standards:

(1)

Shall be installed as an accessory use to an existing commercial use which is in full compliance with all applicable provisions of this code and the Municipal Code.

(2)

Shall be no larger than 350 square feet and occupy no more than three parking spaces not including space that will be periodically needed for removal of materials or exchange of containers.

(3)

Shall be set back at least ten feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation.

(4)

Shall accept only glass, metals, plastic containers, papers and reusable items.

(5)

Shall use no power-driven processing equipment except for reverse vending machines.

(6)

Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule.

(7)

Shall store all recyclable material in the mobile unit vehicle and shall not leave materials outside of the unit when attendant is not present.

(8)

Shall ensure that the site is maintained clean, sanitary and free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis.

(9)

Shall not exceed noise levels of 65 dB(A) as measured at the property line of adjacent residential zoning districts pursuant to chapter 9.22 (Noise Standards).

(10)

Attended facilities shall not be located within 30 feet of any residential zoning district.

(11)

Collection containers, site fencing, and signage shall be of a color and design so as to be both compatible and harmonious with the surrounding uses and neighborhood.

(12)

Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation and display a notice stating that no material shall be left outside the recycling enclosure.

(13)

Signs may be provided as follows:

a.

Recycling facilities may have identification signs with a maximum area of 15 percent per side of a structure or 16 square feet, whichever is greater. In the case of a wheeled facility, the side will be measured from the ground to the top of the container.

b.

Signs shall be consistent with the character of their location.

c.

Directional signs, consistent with chapter 9.29 (Sign Standards), bearing no advertising message may be installed with the approval of the director if found necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

(14)

The facility shall not impair the landscaping required by chapter 9.27 (Landscaping Standards) for any concurrent use allowed by this code or any permit issued pursuant thereto.

(15)

No additional parking space shall be required for customers of a small collection facility located in the established parking lot of the primary use. One space shall be provided for the attendant.

(16)

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.

(17)

Occupation of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required for the primary use unless all of the following conditions exist:

a.

A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site.

b.

The permit shall be reviewed at the end of 18 months and again thereafter, as determined by the review authority.

(18)

Small collection facilities shall not be 24-hour operations.

(19)

Small collection facilities may be subject to landscaping and/or screening as determined by the review authority.

(20)

Shall maintain adequate refuse containers for the disposal of nonhazardous waste.

(c)

A large collection facility or a small collection facility that is a primary use on a separate parcel is permitted in the commercial, and industrial zoning districts, subject to a conditional use permit, and the following

standards:

(1)

The facility does not abut a parcel zoned or planned for residential use.

(2)

The facility shall be screened from the public right-of-way, within an enclosed structure.

(3)

Structure setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located.

(4)

All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition at all times. Outdoor storage shall be screened by a six-foot high, solid decorative masonry wall. No storage, excluding truck trailers shall be visible above the height of the wall.

(5)

The site shall be maintained clean, sanitary and free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis.

(6)

Space shall be provided on-site for six vehicles to circulate and to deposit recyclable materials.

(7)

Four parking spaces for employees plus one parking space for each commercial vehicle operated by the recycling facility shall be provided on-site.

(8)

Noise levels shall not exceed 65 dB(A) as measured at the property line of adjacent residential zoning districts pursuant to chapter 9.22 (Noise Standards).

(9)

If the facility is located within 500 feet of property zoned, or planned for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.

(10)

Any containers provided for "after hours" donation of recyclable materials shall be permanently located at least 50 feet from any residential zoning district, constructed of sturdy, rustproof materials, with sufficient capacity to accommodate materials collected, and secured from unauthorized entry or removal of materials.

(11)

Donation areas shall be kept free of litter and any other undesirable material and the containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.

(12)

The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation. Identification and informational signs shall meet the standards of the applicable zoning district and directional signs bearing no advertising message may be installed with the approval of the director, if necessary to facilitate traffic circulation.

(13)

Adequate refuse containers for the disposal of non-hazardous waste shall be permanently maintained onsite.

(d)

Any permit issued pursuant to this chapter shall have a maximum term of one year. Prior to permit renewal, the city shall take into consideration the permittee's history of compliance with the established conditions of approval, as well as the provisions of this chapter and the Municipal Code.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.24. - TRANSPORTATION DEMAND MANAGEMENT REQUIREMENTS

Sec. 9.24.005. - Purpose.

The purpose of this chapter is to implement state law (Government Code §§ 65088 et seq.), and Measure M, by applying appropriate city transportation demand management requirements to achieve the following:

(a)

Mitigate the impacts that permit applications may have on transit mobility and air quality, and promote transportation demand management strategies that encourage employers to make efficient use of both the existing and the planned transportation system.

(b)

Specify responsibilities of public and private applicants proposing nonresidential development within the city to consider transportation demand management strategies which incorporate design standards that reduce single-occupant vehicle trips and support trip reduction activities.

(c)

Support development of public facilities that promote the use of alternative, energy-conserving transportation modes.

(d)

Encourage development of safe transportation facilities at work sites.

(e)

Achieve related reductions in vehicle trips, traffic congestion, and air pollution through existing city permit review procedures.

(f)

Promote the implementation of strategies that reduce transportation demand and achieve maximum efficiency of city resources.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.24.010. - Definitions.

(a)

For the purposes of this chapter, the following definitions shall apply:

(1)

Alternative transportation modes. Any mode of travel that serves as an alternative to single-occupant vehicle, including all forms of ridesharing (e.g., carpooling and vanpooling) as well as public transit, bicycling, walking, and the like.

(2)

Applicant project. Any development project exceeding 100 employees.

(3)

Carpool. Two through six persons traveling together in a single vehicle.

(4)

Development project. Any nonresidential project requiring approval by the city, consistent with chapter 9.10 (Zoning Districts).

(5)

Employee. Any person employed by a firm, person, business, educational institution, nonprofit entity, or combination, which collectively employs 100 or more employees at a single work site within the city on a full and/or part-time/temporary basis, and may either be a property owner or tenant of a development project.

(6)

Employer. Any person, firm, business, educational institution, government agency, nonprofit agency or corporation, or combination of entities, which employs or houses tenants that collectively employ 100 or more employees at a single work site within the city on a full and/or part-time/temporary basis, and may either be a property owner or tenant of a development project.

(7)

Improvement plans. Permit applications submitted to the city, subject to the provisions of this code.

(8)

Minimum structure size. The total gross floor area measured in square feet of structures at a common work location, including both existing and proposed facilities.

(9)

Property owner. The legal owner of a parcel subject to the provisions of this chapter, ultimately responsible for complying with the provisions of this chapter.

(10)

Tenant. The lessee of facility space on a parcel, who may also serve as an employer.

(11)

Transportation demand management. The implementation of programs, policies, or permit approvals designed to encourage changes in individual travel behavior, including emphasis on alternative travel modes to single occupant vehicle use (i.e., carpools, vanpools, and public transit, reduction or elimination of vehicle trips, shifts in peak hour vehicle commuting, etc.).

(12)

Trip reduction. Reduction of number of work-related trips taken during peak hours in single occupant vehicles.

(13)

Vanpool. A van occupied by seven or more persons traveling together.

(14)

Work site. A building or group of buildings which are in actual physical contact or separated solely by a private roadway or easement and which are owned and operated by an employer.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

This chapter shall apply to all of the following development projects:

(a)

Any new or expanded commercial or industrial use expected to employ 100 or more persons, as determined by the director.

(b)

Any new or expanded commercial or industrial use that the review authority determines may create adverse local traffic conditions.

(c)

Any new or expanded commercial or industrial use which exceeds the threshold as determined by the director. As a guideline for determining threshold, the director may either use employment projections developed by the applicant or use the following minimum building sizes which are considered equivalent to the 100 employee threshold:

The employment projection for a development of mixed use or multiple uses shall be calculated on a caseby-case basis based upon the projection of development devoted to each type of use.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.24.020. - Exempt projects.

The provisions of this chapter shall not apply to permit applications subject to section 9.10.020(b)(5) (Home Occupation Permit), or chapter 9.42 (Temporary Use Permit).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.24.025. - Transportation design management (TDM) program.

All applicable permit approvals subject to this code shall require the preparation and implementation of a transportation demand management (TDM) program which will encourage increased ridesharing and alternative transportation modes. A TDM program may include any of the following standards, in addition to further measures, deemed appropriate by the review authority to encourage reduced traffic generation and improved air quality:

(a)

Carpool/vanpool parking. In addition to the provisions of chapter 9.25 (Off-Street Parking Standards), a defined percentage of parking spaces, located as close as practical to each entrance of a proposed land use, shall be reserved for carpool and vanpool vehicles, and shall be clearly marked for "Carpool Only."

(b)

Bicycle parking. A bicycle parking/storage area shall be provided for use by employees and tenants, located in a secure location in close proximity to public entrances.

(c)

Transit waiting shelters. Bus pullouts, bus pads, and bus shelters may be required by the city for development projects located along high traffic volume streets and established or proposed bus routes. Applicability of this standard shall be determined in consultation with the Orange County Transportation Authority, based upon standard traffic engineering principals, and traffic congestion patterns of the streets and intersections impacted by a proposed development, in context of the cumulative impacts of existing, approved, and pending projects in the area.

(d)

Pedestrian access. Sidewalks and other paved pathways may be provided on site to connect off-site external pedestrian circulation systems, for both existing and proposed development.

(e)

Bicycle access. Implementation of the city's master plan of bike trails shall be integrated with project review, to ensure integration of existing and future on-street and off-street bicycle trails.

(f)

Joint access and shared parking. For applicable work sites, provision(s) of joint access and shared parking across multiple parcels shall be incorporated into a project design to implement the intent of this chapter.

(g)

Miscellaneous optional requirements. The following standards may be incorporated into a project design, with respect to project use, size, and layout:

(1)

A clearly visible commuter information center to provide employees or tenants with information on alternative transportation modes. The center should be located where all employees or tenants have conspicuous access, and prominently displayed, containing viable information such as current maps, routes and schedules for public transit.

(2)

Shower and locker facilities provided on-site for use by employees or tenants who commute to the site by riding a bicycle or walking.

(3)

Rideshare vehicle passenger loading and unloading areas, consistent with chapter 9.26 (Off-Street Loading/Unloading Standards), to provide for employees who vanpool or carpool.

(4)

On-site day care facilities.

(5)

On-site lunch room/cafeteria facilities.

(6)

On-site commercial services, including banks, restaurants, and small retail uses, pursuant to chapter 9.10 (Zoning Districts).

(7)

Parking spaces designated for park-and-ride users.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.25. - OFF-STREET PARKING STANDARDS

Sec. 9.25.005. - Purpose.

These regulations are intended to achieve the following:

(a)

To provide accessible, free, attractive, secure, properly lighted, and well-maintained and screened off-street parking facilities.

(b)

To reduce traffic congestion and hazards including devices such as tire slashers.

(c)

To protect neighborhoods from the effects of vehicular noise and traffic generated by adjacent nonresidential zoning districts.

(d)

To ensure the maneuverability of emergency vehicles.

(e)

To provide appropriately designed parking facilities in proportion to the needs generated by varying types of land use activities.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.25.010. - Applicability.

Every use hereafter inaugurated (including a change of use), and every structure hereafter erected or altered, shall have permanently maintained off-street parking areas pursuant to the following provisions.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.25.015. - General regulations.

(a)

No structure or use shall be permitted or constructed unless off-street parking spaces are provided in compliance with the provisions of this chapter.

(b)

The word "use" shall mean both the type and intensity of the use, and that a change in use shall be subject to all of the requirements of this chapter.

(c)

When a structure is enlarged or increased in capacity, or when a change in use creates an increase in the required amount of parking, additional parking spaces shall be provided in compliance with the provisions of this chapter.

(d)

Requirements for uses not specifically listed herein shall be determined by the director based upon the requirements for comparable uses and upon the particular characteristics of the use.

(e)

For each dwelling in any residential zoning district, a garage with garage door shall be provided and permanently maintained. A small window for decorative purposes only may be allowed subject to approval by the director. Exceptions to the garage requirement may be for apartments and affordable housing as determined by the commission.

(f)

Fractional space requirements shall be rounded up to the next whole space.

(g)

Required guest parking in residential zoning districts shall be so designated and restricted for the use of guests.

(h)

All permanent parking shall occur on paved areas only. In residential zones, there shall be no parking of vehicles in the front yard other than a city approved driveway.

(i)

Temporary parking on unpaved areas may be permitted subject to a special event permit or temporary use permit.

(j)

The minimum parking required for a dwelling unit, both covered and uncovered parking spaces, shall not be converted for other uses.

(k)

The required minimum number of parking spaces shall be reserved for parking purposes; converting parking spaces is prohibited, unless otherwise provided in the Code.

(l)

There shall be no charge for required parking.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.25.020. - Number of parking spaces required.

The following minimum number of parking spaces shall be provided for each use ("sf." refers to square foot and "gfa." refers to gross floor area):

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 03-218, § 5, 7-7-03; Ord. No. 21-341, § 4(Exh. A), 10-12-21)

Sec. 9.25.025. - Accessible parking requirements.

Each lot or parking structure that is provided for the public as clients, guests or employees, shall provide accessible parking. Accessible parking spaces shall be located on the shortest accessible route to an accessory entrance. Accessible parking requirements are established by the state. The parking standards contained in this section are identical to those established by the state at the time of the adoption of this code. Any change in the state's accessible parking requirements shall preempt the affected requirements in this section.

(a)

Accessible parking for residential uses shall be provided according to the U.S. Fair Housing Amendment Act of 1988 and California Disabled Access Regulations.

(b)

Accessible parking spaces shall be provided for all uses, other than residential, at the following rate:

(c)

Van accessible space. One in every eight spaces, but never less than one space, shall be designated as van accessible by signs complying with accessible parking space identification provisions of this section and have at least one eight-foot wide access aisle. All van accessible parking spaces may be grouped on one level of a parking structure.

(d)

Medical care outpatient facilities. At facilities that provide medical care for persons with mobility impairments, accessible parking spaces shall be provided in accordance with section 9.25.025 (Accessible Parking Requirements) and the following:

(1)

Outpatient units and facilities shall provide at least ten percent of the total number of parking spaces provided to serve each outpatient unit or facility.

(2)

Facilities that specialize in treatment or services for persons with mobility impairment shall provide at least 20 percent of the total number of spaces provided.

(e)

Accessible parking space design.

(1)

Spaces shall be a total of 14 feet wide consisting of a nine-foot wide parking space with a five-foot wide access aisle on the passenger side. Two parking spaces may be provided within a 23-foot wide space where two nine-foot wide parking spaces share one five-foot wide center access aisle. The space shall be lined to define the specific use. Each parking space must be at least 18 feet in length.

Figure 1

(2)

When less than five parking spaces are provided, at structures and uses subject to these regulations, one space shall be 14 feet wide and striped to provide a nine-foot parking area and a five-foot loading and unloading area. The space does not have to be designated for the exclusive use of persons with disabilities.

(3)

Each parking area shall be provided with a bumper or curb to prevent encroachment of cars over the required width of adjacent walkways. The space shall also be located such that persons with disabilities are not compelled to wheel or walk behind parked cars other than their own. Accessible pedestrian ways shall be provided from each such parking space to related buildings and facilities. This shall include curb cuts or ramps as needed. Ramps shall not encroach into any parking space.

a.

Ramps located at the front of accessible parking spaces may encroach into the length of such space when the encroachment does not limit the usability of the space.

b.

When the director finds that compliance would create an unreasonable hardship, a variance or waiver may be granted when equivalent facilitation is provided.

c.

Persons with disabilities may wheel or walk behind parked cars when the director determines that compliance or equivalent facilitation would create unreasonable hardship.

(f)

Accessible parking space identification. Each accessible off-street parking space shall be identified by the following:

(1)

A permanent reflectorized sign adjacent to and visible from each space which includes:

a.

The International Symbol of Accessibility;

b.

A sign at least 70 square inches in size; and

c.

The bottom sign edge shall be at least 80 inches above the finished grade when located in the path of travel.

(2)

Signs may be centered on an interior end-wall of a parking space at least 36 inches above the finished grade.

(3)

Van-accessible parking spaces shall have an additional sign stating "Van Accessible" placed below the symbol of accessibility.

(4)

A conspicuous sign shall be placed at each entrance of off-street parking facilities no closer than 20 feet from the public street or adjacent and visible from each accessible space. Such sign shall be 17 by 22 inches with one inch lettering that states, "Unauthorized vehicles parked in designated spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed at (fill in with appropriate information) or by telephoning _______."

(5)

In addition, each accessible parking space surface shall provide identification by one of the following:

a.

A 36 by 36-inch blue background with a white International space surface visible to traffic enforcement officers when vehicles are properly parked in the space. (See Figure 1)

b.

The parking space shall be outlined or painted blue with the International Symbol of Accessibility outline in white or other suitable contrasting color.

(g)

Accessible parking spaces required by this section shall count toward fulfilling off-street parking requirements.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.25.030. - Development standards.

Off-street parking areas shall be provided in the following manner:

(a)

Access.

(1)

Maneuvering room. All parking areas shall provide suitable maneuvering room so that all vehicles may enter an abutting street in a forward direction. The director may approve exceptions for single-family homes and other residential projects.

(2)

No parking space shall be located so that a vehicle will maneuver within 20 feet of a vehicular entrance measured from the property line.

(3)

Vertical clearance. The minimum unobstructed ceiling height shall be eight feet two inches. Exceptions to vertical clearance for accessible parking spaces may be granted for the following:

a.

An exception shall be granted when the director determines that compliance would create an undue hardship and when equivalent facilitation is provided.

b.

Existing buildings where legal or physical constraints do not allow compliance with the accessibility building standards or equivalent facilitation without creating an undue hardship.

(b)

Commercial vehicle parking. No commercial vehicle exceeding eight feet in height and/or 20 feet in combined total length, or towed equipment, shall park between the hours of 6:00 p.m. and 6:00 a.m. on private property or public rights-of-way in residentially zoned areas. (The only exception may be for a commercial vehicle parked on private property and screened from public view and adjacent properties subject to the approval of the director.) This prohibition shall not apply to construction sites during the construction process or to vehicles in the process of making delivery or pickup.

(c)

Dimensional requirements.

(1)

Minimum parking dimensions shall be as indicated in the following table and as illustrated by Figure 2:

Figure 2

Figure 3

Parking stall dimensions:

Length: 18′

Width: 9′

One-way traffic and single loaded aisles:

One-way traffic and double loaded aisles:

Two-way traffic and double loaded aisles:

90 18′

24′

60′

(2)

Parking stalls shall be nonparallel whenever possible. Ninety degree parking is preferred.

(3)

A minimum unobstructed inside dimension of 20 feet by 20 feet shall be maintained, for a private two-car garage or carport. A minimum unobstructed inside dimension of 30 feet by 20 feet shall be maintained, for a private three-car garage or carport. The minimum unobstructed ceiling height shall be seven feet six inches.

(4)

For a parallel space, the minimum width shall be nine feet, and the minimum length shall be 24 feet, as illustrated by Figure 3.

(d)

Drainage. All required off-street parking areas shall be designed so that surface water will not drain over any sidewalk, or adjacent parcels.

(e)

Driveways. Driveways providing ingress and egress to off-street parking spaces shall be a minimum width of ten feet for a one-way driveway and 24 feet for a two-way; however, driveways in the single-family residential zoning districts shall have a minimum width of 20 feet, with direct access to a two-car garage, or a minimum width of 28 feet with direct access to a three-car garage. The minimum length of a single driveway shall be 20 feet measured from the property line to the front of the garage. Where access to a garage, carport, or open parking space is perpendicular (90 degrees) to the driveway, a minimum 24-foot deep unobstructed back-out area shall be provided. The driveway shall be maintained free and clear of all obstructions and shall be designed so that each required parking stall is easily accessible from the street.

(f)

Landscaping. A minimum of 15 percent of the net site area, with 50 percent to be located within the parking areas, shall be landscaped as follows, unless otherwise specified in this code:

(1)

Where parking areas adjoin a public right-of-way, a landscaped planting strip equal in depth to the required yard setback or ten feet, whichever is greater, shall be established and continuously maintained between the public right-of-way and parking area(s). The minimum ten-foot landscaped area shall not be credited toward the 15 percent or 50 percent standards; however, any additional landscaping may be credited. Any planting, sign, or other structure within safety sight-distance of a driveway shall not exceed 36 inches in height.

(2)

Interior parking spaces shall have a continuous six-foot wide planter strip with six-foot by 18 foot planter areas for every eight parking spaces unless alternative provisions are approved by the director after reviewing the site plan. Provisions shall be made to ensure that adequate pedestrian paths are provided throughout the landscaped areas.

(3)

All areas in a parking lot not used for driveways, maneuvering areas, parking spaces, or walks, shall be permanently landscaped with suitable materials and permanently maintained, pursuant to a program submitted by the applicant and approved by the director.

(4)

All landscaped areas shall be bordered by a concrete curb that is at least six inches high and six inches wide. All landscaped areas shall be a minimum of six feet in width. Concrete mow strips at least six inches deep and four inches wide shall be required to separate turf areas from shrub areas.

(5)

A permanent and automatic irrigation system shall be installed and permanently maintained in all landscaped areas. The system shall employ state-of-the-art water conservation technology and recognize differing irrigation needs of various plant materials.

(6)

The landscaping plan shall provide for a variety of plant materials with an emphasis on drought tolerant species appropriate for the local environment and shall include a legend showing common names, sizes, quantities, location, dimensions of planted area, and percentage of parking lot landscaping, and shall be subject to the approval of the director.

(7)

To increase the parking lot landscaped area, a maximum of two feet of the parking stall depth may be landscaped in lieu of asphalt while maintaining the required parking dimensions. This overhang is in addition to the required yard setbacks.

(g)

Lighting. Parking areas shall have lighting capable of providing adequate illumination for security and safety. The minimum requirement is two footcandles maintained across the surface of the parking area. Lighting standards shall be energy-efficient and in scale with the height and use of the on-site structure(s). Any illumination, including security lighting, shall be directed away from adjoining properties and public rights-of-way. Low-level lighting shall be used where possible.

(h)

Location of required parking spaces. All parking spaces shall be located on the same parcel as the primary structure or use, unless approved otherwise by the review authority.

Off-street parking spaces for multifamily residential developments shall be located within 150 feet from the dwelling unit (measured from the front or rear door) for which the parking space is provided. Unless expressly authorized by this code, no parking space shall be located in the front, side, or rear setback area of a residential zoning district.

(i)

Maintenance. All required parking facilities shall be permanently maintained, free of litter and debris, and clearly posted for "parking purposes" only.

(j)

Parking structures. All parking structures shall be landscaped as follows:

(1)

The parking structure shall have a continuous minimum ten-foot perimeter landscaping with vertical elements at least every 20 feet.

(2)

Parallel driveways providing ingress and egress to a parking structure shall include a minimum six-foot wide landscaped median island and accent paving in the driveway.

(3)

Landscaping materials shall be provided in planters and/or pots for a minimum area of five percent of each surface deck area, excluding vertical element openings. The planters and/or pots shall be distributed throughout the deck area.

(4)

All landscaping shall be permanently maintained and automatically irrigated.

(5)

Lighting for the top deck shall be energy-efficient, low-level and directed so as not to spill beyond the surface deck. The minimum requirement is 1.5 footcandle, maintained across the deck. Lighting fixtures shall not exceed four feet in height.

(k)

Recreational vehicle parking—Residential.

(1)

Subject to the procedure and criteria set forth in section 9.59.115(g) (Exceptions to Nuisance Abatement), a recreational vehicle may only be parked or stored on a parcel within the side or rear yard behind the front

line of the house or, in the case of a corner parcel, behind the front line facing each street or right-of-way, and shall be screened to a height of six feet from view from any public or private right-of-way.

(2)

A recreational vehicle may park temporarily on the street in front of the owner's property or in the driveway thereof, provided the sidewalk is not blocked, while actively engaged in loading or unloading of said vehicle, but in no event longer than 72 hours. Loading or unloading as used in this section shall mean active loading or unloading, including the performance of those activities required to prepare the vehicle for either travel or storage, and shall include a period of time not to exceed 12 hours during which the vehicle cannot reasonably be moved to a place of otherwise lawful storage.

(l)

Security. All parking facilities shall be designed, constructed and maintained with security as a priority to protect the safety of the users. Any use of access control device shall be subject to review and approval by the commission.

(m)

Screening. Commercial/industrial and public parking areas abutting residentially zoned parcels shall have a six-foot high solid architecturally treated decorative masonry wall, to properly screen the parking area(s), subject to approval by the director/review authority, who may waive or modify this requirement to protect the views of adjacent residences. All wall treatments shall occur on both sides. In addition to other public improvements, adequate area shall be provided adjacent to public rights-of-way to accommodate a required three-foot high permanently maintained and irrigated landscaped berm, or decorative masonry wall.

(n)

Shared parking. Parking facilities may be shared if multiple uses cooperatively establish and operate the facilities and if these uses generate parking demands primarily during hours when the remaining uses are not in operation. (For example, if one use operates during evenings or week days only.) The applicant shall have the burden of proof for a reduction in the total number of required off-street parking spaces, and documentation (i.e., shared parking use analysis) shall be submitted substantiating the reasons for the requested parking reduction. Shared parking may only be approved if:

(1)

A sufficient number of spaces are provided to meet the greater parking demand of the participating uses.

(2)

Satisfactory evidence, as deemed by the director, has been submitted by the parties operating the shared parking facility. The evidence shall describe the nature of the uses and the times when the uses operate so as to demonstrate the lack of potential conflict between them.

(3)

Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the director are executed to ensure that the required parking spaces provided are maintained and uses with similar hours and parking requirements as those uses sharing the parking facilities remain for the life of the commercial/industrial development.

(o)

Slope.

(1)

Parking areas shall be designed and improved with grades not exceeding a five percent slope.

(2)

Driveways shall have no grades exceeding a ten percent slope or as approved by the city engineer.

(p)

Striping. All parking stalls, except parallel spaces which may be single line, shall be clearly outlined with double lines on the parking surface, as illustrated by Figure 2.

(q)

Surfacing. All parking areas shall be surfaced with a minimum thickness of three inches of asphaltic concrete over a minimum thickness of four inches of an aggregate base material or an appropriate structural section, based on the proposed use, to be approved by the city engineer.

(r)

Wheel stops/curbing. Continuous concrete curbing at least six inches high and six inches wide shall be provided for all parking spaces located adjacent to walls, fences, property lines and structures. Curbing shall be at least 18 inches wide when adjacent to end parking stalls. All parking lots shall have continuous curbing at least six inches high and six inches wide around all parking areas and aisle planters. Wheel stops shall not be used in lieu of curbing.

(Ord. No. 98-193, §§ 1—4, 10-19-98)