§ 23.06

This chapter establishes standards to be applied to the operation and conduct of land uses after their establishment, and on a continuing basis. These standards are established to protect residents from the adverse effects of excessive or objectionable emissions of noise or air contaminants that may be generated by land uses, activities, processes or equipment. The purpose of this chapter is also to identify acceptable levels of noise and other emissions in various land use categories, and to set forth procedures for coordinating the review of development projects with the Air Pollution Control District and Regional Water Quality Control Board.

Uses existing on the effective date of the Coastal Zone Land Use Ordinance, or on the date of a subsequent amendment to this Title that applies more restrictive operational standards to such uses, shall not be required to change their operations to comply with this chapter unless a modification of the use is proposed that requires a permit. However, in no case shall existing operations be changed to result in a greater degree of noncompliance with these standards than existed on the effective date of this Title or amendment. Nothing in this chapter shall preclude the initiation of revocation, abatement or legal action against an existing use operated in violation of Sections 23.06.040 - 23.06.060 or operated in such a manner as to create a public nuisance.

[Amended 1995, Ord. 2715]

The provisions of this chapter are to be enforced as provided by Chapter 23.10 (Enforcement).

Sections 23.06.044-050 establish standards for acceptable exterior and interior noise levels and describe how noise is to be measured. These standards are intended to protect persons from excessive noise levels, which are detrimental to the public health, welfare and safety and contrary to the public interest because they can: interfere with sleep, communication, relaxation and the full enjoyment of one's property; contribute to hearing impairment and a wide range of adverse physiological stress conditions; and adversely affect the value of real property. It is the intent of this chapter to protect persons from excessive levels of noise within or near various residential development and other specified noise-sensitive land uses.

[Amended 1992, Ord. 2546]

The standards of Sections 23.06.044—23.06.050 are not applicable to noise from the following sources:

a.

Activities conducted in public parks, public playgrounds and public or private school grounds, including but not limited to school athletic and school entertainment events;

b.

The use of any mechanical device, apparatus or equipment related to or connected with emergency activities or emergency work to protect life or property;

c.

Safety signals, warning devices, and emergency pressure relief valves;

d.

Noise sources associated with construction, provided such activities do not take place before seven a.m. or after nine p.m. any day except Saturday or Sunday, or before eight a.m. or after five p.m. on Saturday or Sunday;

e.

Noise sources associated with the maintenance of a residential use as listed in Table O, Framework for Planning of the Land Use Element and Local Coastal Plan, provided that such activities take place between the hours of seven a.m. and nine p.m.;

f.

Noise sources associated with agricultural land uses as listed in Table O, Framework for Planning of the Land Use Element and Local Coastal Plan, including but not limited to wind machines used for direct climate control, water well pumps and pest-repelling devices, provided that such pest-repelling devices are used in accordance with accepted standards and practices;

g.

Noise sources associated with a lawful use which is other than a residential use as listed in Table O, Framework for Planning of the Land Use Element and Local Coastal Plan, caused by mechanical devices or equipment, including air conditioning or refrigeration systems, installed prior to the effective date of this chapter; this exemption shall expire one year after the effective date of this chapter;

h.

Noise sources associated with work performed by private or public utilities in the maintenance or modification of its facilities;

i.

Noise sources associated with the collection of waste or garbage from property devoted to other than residential uses listed in Table O, Framework for Planning of the Land Use Element and Local Coastal Plan.

j.

Traffic on public roadways, railroad line operations, aircraft in flight, and any other activity to the extent regulation thereof has been preempted by state or federal law.

[Amended 1992, Ord. 2546; 1993, Ord. 2591; 1995, Ord. 2715]

The exterior noise level standards of this section are applicable when a land use affected by noise is one of the following noise-sensitive uses which are defined in the Land Use Element and Local Coastal Plan: residential uses listed in Table O, Framework for Planning, except for residential accessory uses and temporary dwellings; health care services (hospitals and similar establishments only); hotels and motels; bed and breakfast facilities; schools (pre-school to secondary, college and university, specialized education and training); churches; libraries and museums; public assembly and entertainment; offices, and outdoor sports and recreation.

a.

No person shall create any noise or allow the creation of any noise at any location within the unincorporated areas of the county on property owned, leased, occupied or otherwise controlled by such person which causes the exterior noise level when measured at any of the preceding noise-sensitive land uses situated in either the incorporated or unincorporated areas to exceed the noise level standards in the following table. When the receiving noise-sensitive land use is outdoor sports and recreation, the following noise level standards shall be increased by 10dB.

Notes:

1.

Applies only to uses that operate or are occupied during nighttime hours

b.

In the event the measured ambient noise level exceeds the applicable exterior noise level standard in subsection (a), the applicable standard shall be adjusted so as to equal the ambient noise level plus one dB.

c.

Each of the exterior noise level standards specified in subsection (a) shall be reduced by five dB for simple tone noises, noises consisting primarily of speech or music, or for recurring impulsive noises.

d.

If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be measured, the noise level measured while the source is in operation shall be compared directly to the exterior noise level standards.

[Amended 1992, Ord. 2546]

The interior noise level standards of this section are applicable when the land use which is the source of noise and the land use which is affected by noise are both residential uses as listed in Table O, Framework for Planning of the Land Use Element and Local Coastal Plan, except for residential accessory uses and temporary dwellings.

a.

No person shall operate or cause to be operated a source of noise within a residential use in any location in the unincorporated areas of the county or allow the creation of any noise which causes the noise level when measured inside a residential use located in either the incorporated or unincorporated area to exceed the interior noise level standards in the following table:

b.

In the event the measured ambient noise level exceeds the applicable interior noise level standard in subsection (a), the applicable standard shall be adjusted so as to equal the ambient noise level plus one dB.

c.

Each of the interior noise level standards specified in subsection (a) shall be reduced by five dB for simple tone noises, noises consisting primarily of speech or music, or for recurring impulsive noises.

d.

If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be measured, the noise level measured while the source is in operation shall be compared directly to the interior noise level standards.

[Added 1992, Ord. 2546]

The noise level standards in this section apply to the following noise sources:

a.

Air conditioning and refrigeration: Notwithstanding the provisions of Section 23.06.044, when the intruding noise source is an air conditioning or refrigeration system or associated equipment installed prior to the effective date of this chapter, the exterior noise level as measured as provided in Section 23.06.050 shall not exceed 55 dB, except where such equipment is exempt from the provisions of this chapter. The exterior noise level shall not exceed fifty dB for such equipment installed or in use after one year after the effective date of this chapter.

b.

Waste and garbage collection equipment: Notwithstanding the provisions of Section 23.06.044, noise sources associated with the collection of waste or garbage from a residential use (as listed in Table O, Framework for Planning of the Land Use Element and Local Coastal Plan) by persons authorized to engage in such activity, and who are operating truck-mounted loading or compacting equipment, shall not take place before seven a.m. or after seven p.m., and the noise level created by such activities when measured at a distance of fifty feet (50) in an open area shall not exceed the following standards:

(1)

Eighty-five (85) dB for equipment in use, purchased or leased within six months from the effective date of this chapter.

(2)

Eighty (80) dB for that equipment set forth in subsection a(1) after five years from the effective date of this chapter.

(3)

Eighty (80) dB for new equipment purchased or leased after six months from the effective date of this chapter.

(4)

Seventy-five (75) dB for new equipment purchased or leased after thirty-six months from the effective date of this chapter.

c.

Electrical substations: Notwithstanding the provisions of Section 23.06.044, noise sources associated with the operation of the following electrical substations shall not exceed an exterior noise level of fifty dB between 10 p.m. and 7 a.m. and fifty-five dB between 7 a.m. and 10 p.m., as determined at the property line of the receiving land use: the Cholame, San Miguel, Templeton, Cambria, Perry, Cayucos, Baywood, Highway 1 between Morro Bay and the California Men's Colony, Goldtree, Foothill, San Luis Obispo, Oceano, Mesa, Union Oil, Callendar, and Mustang electrical substations. If any of these existing electrical substations undergo modifications that increase noise levels, they shall be mitigated in accordance with the policies of the Noise Element Document.

[Added 1992, Ord. 2546]

For the purpose of evaluating conformance with the standards of this chapter, noise levels shall be measured as follows:

a.

Use of meter: Any noise measurement made pursuant to the provisions of Sections 23.06.044-048 shall be made with a sound level meter using the A-weighted network (scale). Calibration of the measurement equipment utilizing an acoustical calibrator shall be performed immediately prior to recording any noise data.

b.

Measuring exterior noise levels: Except as otherwise provided in Sections 22.06.044-048, exterior noise levels shall be measured at the property line of the affected noise-sensitive land use listed in Section 23.06.044. Where practical, the microphone shall be positioned five feet above the ground and away from reflective surfaces.

c.

Measuring interior noise levels: Interior noise levels shall be measured within the affected residential use listed in Section 23.06.046, at points at least four (4) feet from the wall, ceiling or floor nearest the noise source, with windows in the normal seasonal configuration. The reported interior noise level shall be determined by taking the arithmetic average of the readings taken at the various microphone locations.

[Added 1992, Ord. 2546]

Any land use conducted in or within one-half mile of an urban or village reserve line is to be operated to not produce detrimental earth-borne vibrations perceptible at the points of determination identified in the following table:

The vibration standards of this chapter are not applicable to:

a.

Vibrations from construction, the demolition of structures, surface mining activities or geological exploration between 7:00 a.m. and 9:00 p.m.;

b.

Vibrations from moving sources such as trucks and railroads.

This section establishes a procedure for the notification of the county APCD when a new land use is proposed to include equipment or activities that involve combustion, or the storage or use of hydrocarbons or other air contaminants. This section applies to any discretionary application filed as set forth in Chapter 23.02 (Permit Applications) except business licenses, as follows: residential uses (25 or greater - lots or units); commercial uses having a gross floor area of 2,000 square feet or greater; office uses having a gross floor area of 8,500 square feet or greater; financial institutions having a gross floor area of 1,200 square feet or greater; transient lodging (20 rooms or greater); all industrial uses; all recreational uses; restaurants; special events facilities; greenhouses; schools; hospitals; major transportation projects including but not limited to: light rail, airports, ports and marinas, roadway construction and expansion projects, or any other use which would generate 250 or more vehicle trips per day; and site disturbance of 2 acres or greater.

a.

Review procedure: A copy of an application as described above shall be forwarded to the Air Pollution Control District for review upon receipt by the Planning and Building Department. The purposes of such referral are to:

(1)

Enable the APCD to determine if the use proposed is required by the rules and regulations of the APCD to obtain an authority to construct or permit to operate;

(2)

Enable the APCD to determine if the proposed project exceeds the district's significance thresholds for significant air quality impacts from land use projects, and if mitigations are required.

(3)

Enable the APCD to contact and advise the applicant on applicable permit and air quality requirements, and to advise the Planning and Building Department of any APCD permit requirements:

(i)

In the case of a Plot Plan application, within 10 business days of application transmittal;

(ii)

In the case of Minor Use Permit or Development Plan applications, notification of permit requirements, or special concerns or recommendations to be forwarded to the Zoning Administrator or Planning Commission, shall be returned to the Planning Department no later than 10 days before the public hearing on the application.

b.

When the APCD has notified the Planning Department that authority to construct is required, the applicant is to provide the Planning Department with evidence of approval of an authority to construct prior to issuance of a building permit. In the event that the APCD has not notified the Planning Department of APCD permit requirements within 10 business days of application transmittal, the lack of such notification shall not cause additional delay in permit issuance by the Planning Department; however, permit issuance under such circumstances shall not exempt any person from the necessity of obtaining APCD permits if required.

c.

In cases where an APCD permit to operate is required, no certificate of occupancy is to be issued until the applicant has provided the Planning Department with evidence of such permit approval.

[Amended 1992, Ord. 2570; 1995, Ord. 2715]

Any non-agricultural land use conducted in, or within one-half mile of an urban or village reserve line is to be so operated as not to emit matter causing noxious odors which are perceptible at the points of determination identified in the following table:

LAND USE CATEGORY IN WHICH POINT OF DETERMINATION ODOR-PRODUCING USE IS LOCATED

Residential, Office & Professional, Recreation, Commercial Industrial

At or beyond any lot line of the lot containing the use. At or beyond the boundary of the Industrial category.

a.

Standards for Preventing Polluted Runoff Impacts from Non-point Sources. New development shall be designed and located to avoid significant adverse impacts to wetlands, streams, tidepools, sensitive plants, riparian vegetation, agricultural lands, and other environmentally sensitive habitat areas from surface water runoff and wastewater. The following shall apply to new development:

(1)

Where potentially significant adverse impacts might occur, new development shall assess potential pollutants resulting from the development project, as well as the potential impacts of those pollutants on nearby waterways and agricultural lands. Proposed new development shall furthermore be consistent with the Central Coast Basin Plan's current water quality objectives for ocean waters, inland surface waters, enclosed bays, and estuaries.

Where polluted surface water runoff might occur as the result of a proposed development project, the proposed project shall be evaluated for potential impacts to critical waterway components, such as: dissolved oxygen, pH, suspended material, oil/grease, sediment, turbidity, temperature, toxicity, pesticides, chemicals, etc. Where applicable, measures shall be developed and implemented to avoid and mitigate potentially significant adverse impacts (e.g., establish a vegetation "filter" strip between a waterway and development).

[Added 2006, Ord. 3082]

This section establishes a procedure for the notification of the California Central Coast Regional Water Quality Control Board when a new land use or modification to an existing use may affect groundwater quality because of proposed methods of disposal, or large volumes of wastewater, or because of the disturbance of natural soil contours.

a.

Applications to be transmitted: Any application filed as set forth in Chapter 23.02 (Permit Applications), Section 23.05.020 (Grading), or Sections 23.08.170 et seq. (Resource Extraction) except for business licenses, is to be transmitted by the Planning Department to the RWB for review where:

(1)

Any proposed development of more than five dwelling units will not be connected to an existing public sewer system;

(2)

A discharge of wastewater to surface waters is proposed;

(3)

A proposed waste discharge will contain toxic or hazardous materials (e.g., agricultural chemicals or metal plating wastes);

(4)

On site wastewater treatment and disposal systems other than conventional individual septic tank absorption fields are proposed;

(5)

Waste flows are expected to exceed 2,500 gallons per day;

(6)

A variance from state or local water quality or construction standards is requested;

(7)

A livestock specialty use as defined by the Land Use Element is proposed;

(8)

A cemetery is proposed.

b.

Review procedure: A copy of all applications as described above shall be forwarded to the Regional Water Quality Control Board for review upon receipt by the Planning Department. The purposes of such transmittal are to:

(1)

Enable the RWB to determine if the proposed use or activity is required to have discharge requirements, or is subject to other regulations of the RWB.

(2)

Enable the RWB to contact and advise the applicant on applicable requirements, and to advise the Planning and Building Department of any RWB requirements:

(i)

In the case of applications for Plot Plan approval, within 10 business days of application transmittal.

(ii)

In the case of Minor Use Permit or Development Plan applications, notification of RWB requirements, special comments or recommendations to be forwarded to the Zoning Administrator or Planning Commission, shall be returned to the Planning Department no later than 10 days before the public hearing on the application.

[Amended 1992, Ord. 2570]

The purpose of this section is to protect groundwater resources from contamination by proposed development.

Minor Use Permit and Development Plan applications that propose uses within one mile of a municipal well (locations of municipal wells may be shown in the area plans) that have the potential to release toxic or hazardous materials (e.g., gas stations, businesses that handle hazardous wastes) shall be referred to the County Environmental Health Division for review and appropriate recommended measures that assure protection of water quality. Recommended measures may include, but are not limited to the following:

a.

Determining the extent of areas that contribute water to municipal wells, and making further recommendations as appropriate.

b.

Relocating proposed uses relative to municipal wells, especially where such uses involve the manufacture, storage or handling of hazardous materials.

c.

Concentrating or clustering development relative to the location of municipal wells.

d.

Reducing the density or intensity of proposed uses.

e.

Limiting the amounts of potential contaminants that may be stored or handled.

[Added 2004, Ord 3048]

Wastewater from on-site sewage disposal systems shall not adversely affect groundwater resources or sensitive habitat.

[Added 2004, Ord 3048]

Land use permit applications that require discretionary review for projects that have potential to release toxic or hazardous materials (e.g., gas stations, businesses that handle hazardous wastes) shall include measures, and where applicable, Best Management Practices that: a) minimize the amounts of potential contaminants that may be stored or handled, b)assure proper containment and c) prevent release of contaminants into the environment. These measures and practices shall be referred to the County Division of Environmental Health for review and for recommendations that shall be implemented through the land use permit.

[Added 2004, Ord 3048]

The storage and use of poisonous, corrosive, explosive and other materials hazardous to life or property are subject to the following standards, where applicable. The standards of these sections are in addition to all applicable state and federal standards, including but not limited to any regulations administered by the County Health Department, Fire Department, Sheriff's Office, Agricultural Commissioner, and Air Pollution Control District. In the event any standards of this chapter conflict with regulations administered by other federal, state, or county agencies, the most restrictive standards apply.

The storage of explosives is allowed only for the purpose of sales by a licensed vendor, or where the explosives will be used on the same site as the storage facility, as provided in this section.

a.

Permit requirement: Development Plan approval within an urban or village reserve line; Minor Use Permit approval in rural areas. Separate land use permit approval is not required where the principal use of the site has been authorized through Development Plan approval, or in the case of a surface mining operation, where the operation has been authorized by an approved reclamation plan. This permit requirement is in addition to the permit required by the County Sheriff. [Amended 1992, Ord. 2570]

b.

Location: Explosives storage is allowed only in the Agriculture, Rural Lands or Industrial Category, or areas included within an Energy and Extractive Resource (EX) combining designation. A Development Plan application that proposes explosives storage is to be approved only where the Planning Commission finds the proposed site is within an area that is open in character and essentially free of development.

c.

Setbacks: Explosives storage shall not be located closer than 1,000 feet from any property line, except that storage in Class II magazines, as authorized in state law, shall not be located closer than 400 feet from any property line; provided that where Table 77.201 of the Uniform Fire Code (1988 edition, published by the International Conference of Building Officials) would require a greater setback than required by this section, such greater setback shall apply.

d.

Construction and buffering: Explosives storage shall be effectively screened by a natural landform or artificial barricade either surrounding the entire site or surrounding each storage magazine. Storage magazines shall be designed and constructed in accordance with the provisions of Sections 77.203 and 77.204 of the Uniform Fire Code (1985 edition, published by the International Conference of Building officials) and any applicable requirements of the County Sheriff. The landform or barricade shall be of such height that:

(1)

A straight line drawn from the top of any side wall of all magazines to any part of the nearest building or structure will pass through the landform or barricade; and

(2)

A straight line drawn from the top of any side wall of all magazines to any point 12 feet above the centerline of a railroad or a public street will pass through said land form or barricade.

Artificial barricades shall be a mound or rivetted wall of earth with a minimum thickness of three feet.

e.

Time limit: Development Plan approval for storage of explosives may be granted for a maximum period of five years, provided such Development Plan shall be subject to review by the Planning Commission at any time. As a result of such review, if the commission finds that circumstances or conditions have changed so the use no longer meets the requirements of this section or the conditions of the Development Plan, the permit may be revised or revoked, whichever is more appropriate.

[Amended 1992, Ord. 2570]

Any storage of flammable or combustible liquids (those with flash points below 140[o ] F) is subject to the following standards:

a.

Permit requirements:

(1)

Health Department permit. Facilities used for the underground storage of hazardous substances, including but not limited to gasoline and diesel fuel, are subject to the permit requirements of Chapter 8.14 of this code.

(2)

Land use permit. No land use permit is required for the storage of flammable or combustible liquids, except that where the quantity stored exceeds the limitations specified in subsection c. of this section, Minor Use

Permit approval is required unless the land use involving the storage of flammable or combustible liquids would otherwise be required by this title to have Development Plan approval.

b.

Limitation on use: The storage of flammable or combustible liquids for sale is allowed only in the Recreation, Commercial or Industrial categories, unless authorized by Development Plan approval.

c.

Limitations on quantity: The quantity of flammable or combustible liquids stored on a site is to be limited as follows:

(1)

Residential areas: Five gallons, unless authorized through Development Plan approval. Excluded from this requirement are the storage of flammable liquids:

(i)

In the fuel tanks of self-propelled vehicles, mobile power or heat generators or any other equipment that is accessory to the principal use of the site;

(ii)

For domestic space heating, cooking or similar purposes, provided that such storage containers and appliances shall satisfy all applicable county and state construction and safety regulations;

(iii)

The storage or use of paints, oils, varnishes or similar flammable or combustible mixtures when such liquids are stored for maintenance, painting or similar purposes.

(2)

Other areas: Storage is to be limited to the following quantities on any single building site, unless greater quantities are authorized through Development Plan or Minor Use Permit approval:

d.

Setbacks: Aboveground storage facilities for flammable or combustible liquids are to be set back 50 feet from any property line or residential use or as otherwise set forth in the Uniform Fire or Building Code where a smaller setback is allowed by those codes.

e.

Additional standards:

(1)

All storage of bulk flammable liquids within an urban or village reserve line is to be underground, except:

(i)

As specified by Subsection c(1) of this section;

(ii)

Where a petroleum refining or related industrial use is authorized in an Industrial category pursuant to Section 23.08.120b (Miscellaneous Special Uses);

(iii)

Where an automobile service station or other approved vendor of flammable liquids stores such liquids for sale in approved quantities and containers.

(iv)

Where a public agency maintains a corporation yard or other approved service facility in a Public Facilities or Industrial category, and such storage is authorized through Minor Use Permit.

(v)

In a Commercial Service or Industrial land use category where authorized through Minor Use Permit.

(2)

All aboveground storage of flammable and combustible liquids is to be within types of containers approved by the county fire chief.

[Amended 1995, Ord. 2715; 2004, Ord. 3001]

Chapter 23.07 - COMBINING DESIGNATION STANDARDS