Chapter 20.300 — PERFORMANCE STANDARDS

This Chapter establishes uniform performance standards for development in order to ensure compatibility of operations with surrounding areas and land uses. (Ord. 1017, 2013)

The provisions of this Chapter apply to all new and existing uses in all zones. Uses of the land that existed on the effective date of this Chapter shall not be altered or modified so as to conflict with, or further conflict with, these standards. If requested by the Director or the review authority, applicants shall provide evidence to the Director that the proposed development is in compliance with the standards in this Chapter and other applicable standards in this Zoning Code before the issuance of a Building Permit or Business License. (Ord. 1017, 2013)

• A. Measurement. Measurements of dangerous or objectionable elements shall be taken at a location or locations not closer than the lot line of the lot that is the source of the objectionable elements.

• B. Investigation.

  1. The Director may require the submittal of studies, documentation, or other evidence deemed necessary to fully evaluate the use and its environmental impacts at the sole cost of the applicant.

  2. If the Director determines that the use may cause, or is causing, the existence of dangerous or objectionable elements, then the Director may require the use of expert consultants in the field. The Director shall have the right to approve the consultant before commencement of any evaluation.

  3. The consultant shall study, examine, and evaluate the use and submit a written report to the Director, with a copy to the applicant that provides findings, opinions, and conclusions as to whether the use conforms to the performance standards established in this Chapter or whether the use can be mitigated.

• C. Abatement of nonconforming use. An existing use established and in operation before the effective date of this Chapter, which exceeds or violates these standards, shall be considered a nonconforming environmental use. Any nonconforming environmental use that constitutes an immediate hazard or danger to the public health, safety, and welfare shall be abated immediately. Any nonconforming environmental use which violates the established performance standards but does not cause an immediate hazard or danger to the public health, safety or welfare, shall be abated immediately if no physical changes to the real property on which the use is located must be made to bring the use into compliance or if such changes can be achieved at a reasonable cost given the nature of the nonconformity. A nonconforming use which violates the established performance standards but does not cause an immediate hazard or danger to the public health, safety or welfare, and requires physical changes to the real property on which the use is located to bring the use into compliance shall be allowed one year in which to conform to the established performance standards, provided that the user shows, to the reasonable satisfaction of the Director that the required changes cannot be achieved at a reasonable cost given the nature of the nonconformity. Under no circumstances shall a nonconforming environmental use be increased or expanded.

• (Ord. 1017, 2013)

• A. Discharge prohibited. The operation of any structure or use shall not directly or indirectly discharge air contaminants (e.g., carbon, dust, fumes, gases, mist, noxious acids, odors, particulate matter, smoke, soot, sulfur compounds, etc.) into the atmosphere that exceed any local, State, or Federal air quality standards or

that might be obnoxious or offensive to anyone residing or conducting business either on-site or abutting the site.

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

• C. SCAQMD permit filing requirements. If requested by the Director, operators of uses, activities, or processes that require SCAQMD approval to operate shall file a copy of the permit with the Department within 30 days of approval by SCAQMD.

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

• (Ord. 1017, 2013)

• A. Regulating authorities. The use, handling, storage, and transportation of combustibles and explosives shall comply with the California Fire Code and the California Hazardous Materials Regulations (California Administrative Code, Title 22, Division 4 ). The U.S. Environmental Protection Agency and the California Department of Health Services identify hazardous materials and prescribe handling, use, and disposal practices. The use, storage, manufacture, and disposal of hazardous materials shall be regulated and monitored according to the standards established by these agencies and any delegated government agencies. For reporting and disclosure requirements, see Municipal Code Chapter 17.30 (Hazardous Materials Disclosure).

• B. Combustibles and explosives.

  1. The use, handling, storage, and transportation of combustibles and explosives shall comply with the provisions of Title 19 of the California Code of Regulations, Chapter 10 (Explosives).

  2. No gasoline or other inflammables or explosives shall be stored unless the location, plans, and construction conform to the laws and regulations of the State of California and have the approval of the City.

• (Ord. 1017, 2013)

Existing and proposed uses shall not generate excessive heat, electrical disturbances, or radioactive emissions that can or may be considered hazardous or a nuisance, or the use shall be shielded, contained, or otherwise modified to prevent these generations, disturbances, or emissions. (Ord. 1017, 2013)

The regulations in Municipal Code Chapter 9.28 (Noise) shall apply. For late night and 24-hour uses, as defined in Article 7 (Definitions), additional conditions may be applied through an associated discretionary permit. (Ord. 1017, 2013)

This Section establishes outdoor lighting standards in order to reduce the impacts of glare, light trespass, over lighting, sky glow, and poorly shielded or inappropriately directed lighting fixtures, and promote safety and

encourage energy conservation.

• A. General outdoor lighting standards.

  1. Outdoor lighting fixtures shall be designed, shielded, aimed, located, and maintained to shield adjacent properties and to not produce glare onto adjacent properties or roadways. Parking lot light fixtures and light fixtures on buildings shall be full cut-off fixtures.

  2. In parking lots, light fixture poles shall not be more than 30 feet in height and lamps shall be high pressure sodium (HPS), unless modified by approval of a Minor Variance in compliance with Chapter 20.555 (Variances and Minor Variances).

  3. Street lighting shall be provided in compliance with the requirements of the Department of Public Works.

  4. Flashing, revolving, or intermittent exterior lighting visible from any lot line or street shall be prohibited, except if approved as an accessory feature on a temporary basis in conjunction with a Temporary Use Permit issued in compliance with Chapter 20.540 (Temporary Use Permits, Annual Advertising Permits and Special Event Permits).

• B. Outdoor lighting standards for nonresidential uses.

  1. Light fixtures under any canopy shall be recessed into the canopy ceiling with a flat lens to prevent glare. The bottom of the fixtures may protrude a maximum of 2 inches from the ceiling. The portions of the canopy not included in the sign area shall not be illuminated.

  2. Lighting levels shall not exceed 0.5 foot-candles at any common property line with property zoned, used as, or planned for residential uses.

  3. A photometric plan certified by a licensed lighting engineer may be required as part of a development application or Zoning Clearance to determine compliance with this Section if it is determined that there is a potential for a significant negative impact on surrounding land uses or adjacent roadways.

• C. Outdoor lighting standards for multi-family uses. The average maintained lighting levels for multi-family units shall not exceed the following:

  1. 0.5 foot-candles at lot line boundaries.

  2. 1.0 foot-candles at buildings, parking lots or other areas. The maximum-to-average ratio shall not exceed 2.5 to 1.

• D. Outdoor lighting standards for buildings, statues, other man-made objects, and landscapes. Spotlighting or floodlighting used to illuminate buildings, statues, signs, or any other objects mounted on a pole, pedestal, or platform, or used to accentuate landscaping shall consist of full cut-off or directionally shielded lighting fixtures that are aimed and controlled so that the directed light shall be substantially confined to the object intended to be illuminated to minimize glare and light trespass. The beam width shall not be wider than that needed to light the feature with minimum spillover. The lighting shall not shine directly into the window of a residence or directly into a roadway.

rectionally shielded lighting fixtures that are aimed and controlled so that the directed light shall be substantially confined to the object intended to be illuminated to minimize glare and light trespass. The beam width shall not be wider than that needed to light the feature with minimum spillover. The lighting shall not shine directly into the window of a residence or directly into a roadway.

• E. Outdoor recreation/entertainment areas. Sports courts and similar facilities used for outdoor recreation or entertainment located within a residential zone or closer than 200 feet to the boundary of a residential zone, may be lighted subject to approval of a Minor Site Plan and Design Review in compliance with Chapter 20.530 (Site Plan and Design Review).

• F. Exemptions from outdoor lighting requirements.

  1. Lighting of the American flag and lighting not subject to this section by State or federal law.

  2. Street lighting installed within the public right-of-way.

  3. Lighting required by the Building Code.

  4. Security lighting controlled and activated by motion sensor devices for a duration of 15 minutes or less.

  5. Construction and emergency lighting used by construction workers, police, firefighting, or medical personnel, provided the lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency requiring the lighting.

(Ord. 1017, 2013)

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

• B. Prohibited conditions. The following conditions shall be prohibited:

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

  2. Scrap lumber, junk, trash, or debris;

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

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

• C. Applicable regulations. Other applicable regulations on property maintenance include Municipal Code Chapter 16.10 (International Property Maintenance Code Adopted); Municipal Code Chapter 9.16 (Property Maintenance, General); and Municipal Code Chapter 9.48 (Graffiti).

• (Ord. 1017, 2013)

Existing and proposed uses shall not generate vibrations that can or may be considered a nuisance or hazard on any adjacent property or shall be cushioned or isolated to prevent generation of vibrations. (Ord. 1017, 2013)

Development shall comply with the following regulations for water quality:

• A. Municipal Code Chapter 6.20 (Stormwater Discharge and Water Quality);

• B. Municipal Code Chapter 6.28 (Fats, Oils, Grease, Discharges into Sanitary Sewer System);

• C. Municipal Code Chapter 16.62 (Erosion Control and Water Quality); and

• D. Section 20.500.090 (Water Quality Management Plan (WQMP) Required) of this Zoning Code. (Ord. 1017, 2013)

Development shall comply with Municipal Code Section 6.04.090 (Construction and demolition waste management— General) and Section 6.04.100 (Construction and demolition materials management plans— Security deposits— Exemptions—Appeals). (Ord. 1017, 2013)