Chapter 17.30
STANDARDS FOR ALL DEVELOPMENT AND LAND USES
Sections:
17.30.010 Purpose and applicability.
17.30.020 Build-to-lines and setbacks.
17.30.030 Fences, walls, and screening.
17.30.040 Height limits and exceptions.
17.30.042 Mechanical and utility equipment placement.
17.30.070 Performance standards.
17.30.080 Public improvement requirements.
17.30.082 Residential conversions.
17.30.084 Solar energy collectors.
17.30.090 Solid waste/recyclable materials storage.
17.30.100 Underground utilities.
17.30.010 Purpose and applicability.
A. Purpose. This chapter expands upon the zoning district development standards of Article 2 by addressing additional details of site planning, project design, and the operation of land uses. The intent of these standards is to ensure that proposed development is compatible with existing and future development on neighboring properties, and produces an environment of stable and desirable character, consistent with the general plan and any applicable specific plan.
B. Applicability. The requirements of this chapter shall apply to all proposed development and new land uses, except as specified in Chapter 17.82 (Nonconforming Uses, Structures, and Parcels) of this title, and shall be considered in combination with the standards for the applicable zoning district in Article 2 (Community and Project Design) and those in Articles 4 (Standards for Specific Land Uses), and 5 (Resource Management). If there is a conflict between standards, the provisions of Article 3 control over Article 2, the provisions of Article 4 control over Articles 2 and 3, and the provisions of Article 5 control over Articles 2, 3, and 4. (Ord. 766 § 2 Exh. A (part), 2004).
17.30.020 Build-to-lines and setbacks.
A. Purpose. This section explains the applicability of build-to-line requirements established by certain zoning districts in Article 2; and provides standards for the location, required size and allowable uses of setbacks.
1. Build-to-Lines. A build-to-line specifies the required location of new structures with respect to the street frontages of a site, so that proposed buildings will effectively assist in shaping the public space of streets, to enhance the comfort and convenience of the pedestrian experience.
2. Setbacks. Setback standards provide open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation between potentially conflicting activities; and space for privacy, landscaping and recreation.
B. Build-to-Line Requirements. Each proposed structure shall comply with any build-to-line requirement established by the applicable zoning district by having at least eighty percent of the length of its street-facing facade abutting the build-to-line. The review authority may waive build-to-line requirements for a project with more than one building, where the project street frontage is occupied by one or more buildings in compliance with applicable build-to-line requirements, and secondary buildings are placed on the site to the rear of the front buildings.
C. Setback Requirements.
1. Minimum Setbacks for All Structures. Each structure shall comply with the front, interior side, street side, and rear setback requirements of the applicable zoning district, except:
a. Where a front or street side build-to-line requirement is established by the applicable zoning district, in which case a proposed structure shall instead comply with the build-to-line requirement;
b. Where a setback requirement is established for a specific land use by Article 4;
c. In the case of development near a waterway, which shall comply with the setback requirements established by Chapter 17.50 (Watercourse and Riparian Resource Protection) of this title; and
d. As otherwise provided by this section.
No portion of any structure, including eaves or roof overhangs, shall extend beyond a property line, or into an access easement or street right-of-way, except as provided by this section.
2. Exemptions from Setback Requirements. The minimum setback requirements of this land use code do not apply to the following:
a. A building feature that projects into a required setback allowed by subsection F of this section;
b. A fence or wall six feet or less in height, when located outside of a front or street side setback;
c. A deck, earthwork, step, patio, freestanding solar device in other than a front setback, or other site design element that is placed directly upon grade and does not exceed a height of eighteen inches above the surrounding grade at any point;
d. A sign in compliance with Chapter 17.38 (Signs) of this title;
e. A retaining wall less than thirty inches in height above finished grade.
D. Measurement of Setbacks. Setbacks shall be measured as follows, except that the director may require different setback measurement methods where the director determines that unusual parcel configuration makes the following infeasible or ineffective. See Figure 3-1.
Figure 3-1. Location and Measurement of Setbacks
1. Front Setback. A front setback shall be measured at right angles from the nearest point on the public right-of-way at the front of the parcel (or edge of access easement on a private street) to the nearest point of the wall of the structure, except as follows. The front property line is the most narrow dimension of a lot adjacent to a street.
a. Developed Residential Block. In a block with a street frontage of three hundred feet or more and six hundred feet or less in the RVL, NL, or NM zoning districts, where fifty percent or more of the parcels along the block face have been improved with structures, the required front setback for a new structure shall be the greater of the following:
i. The minimum front setback required for the applicable zoning district; or
ii. The average of the actual front setbacks of the existing structures along the same block face.
b. Averaging. In the RVL, NL, or NM zoning districts, where fifty percent or more of the parcels on a single block face have been improved with structures at the time of adoption of this land use code, and the front setbacks of the parcels vary in depth up to six feet, the required front setback depth for the applicable zoning district shall not apply, but rather, the required front setback on the block shall be the average depth of the front setbacks of the parcels with existing structures.
c. Mapped Street with Future Improvements. If the city has established a plan that identifies a right-of-way for the future construction of a new street or the widening of an existing street, a required front or street side setback shall be measured from the line shown on the plan.
d. Infill Development on a Parcel Within a Previously Approved Project. Where the city has established specific setback requirements for individual single-family residential parcels through the approval of a specific plan, subdivision map, or other entitlement, prior to the effective date of this land use code, those setbacks shall apply to infill development within the approved project instead of the setbacks required by this land use code.
e. Flag Lot. For a parcel with a fee ownership strip extending from a street or right-of-way to the building area of the parcel, the front setback shall be measured from the nearest point of the wall of the structure to the point where the access strip meets the bulk of the parcel; establishing a setback line parallel to the lot line nearest to the public street or right-of-way. See Figure 3-2.
Figure 3-2. Flag Lot Front Setback
f. Corner Lot. The front setback shall be measured from the nearest point of the wall of the structure to the nearest point of the most narrow street frontage property line. If the property lines on both street frontages are of the same length, the property line to be used for front setback measurement shall be determined by the director.
g. Double-Frontage Lots. A double-frontage lot is considered to have two front lot lines, and a required front setback shall be provided from both front lot lines.
i. Vehicular access onto a double-frontage lot shall generally be from the street with the lowest existing and projected traffic volumes, but with each proposed building designed so that its primary facade faces the higher volume street.
ii. The review authority may authorize alternative access locations where appropriate because of localized traffic conditions, and/or nearby residential areas that would be adversely affected by increased traffic.
See Section 17.78.030(F)(5)(b) of this title regarding the limited circumstances where new double-frontage lots are allowed.
2. Side Setback. The side setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest point of the wall of the structure; establishing a setback line parallel to the side property line, which extends between the front and rear setbacks. See Figure 3-1.
3. Street Side Setback. The side setback on the street side of a corner parcel shall be measured from whichever of the following points results in the greatest setback from an existing or future roadway:
a. The nearest point on the side property line bounding the street;
b. The edge of an easement for a private road;
c. The inside edge of the sidewalk; or
d. The boundary of a planned future right-of-way established as described in subsection (D)(1)(c) of this section.
4. Rear Setback. The rear setback shall be measured at right angles from the nearest point on the rear property line to the nearest line of the structure, establishing a setback line parallel to the rear property line. See Figure 3-1.
a. In the case of a double-frontage lot, the director shall determine which frontage is the front and which is the rear, for the purpose of measuring front and rear setbacks.
b. Where a parcel has no rear lot line because its side lot lines converge to a point, an assumed line ten feet long within the parcel, parallel to, and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear setback. See Figure 3-3.
Figure 3-3. Rear Setback on Irregular Lot
E. Limitations on the Use of Setbacks.
1. Structures. A required setback area shall not be occupied by structures other than:
a. The fences and walls permitted by Section 17.30.030 (Fences, walls, and screening) of this chapter; and
b. The projections into setbacks allowed by subsection F of this section and the applicable zoning district.
2. Storage of Materials. No front or street side setback shall be used for the storage of building materials, scrap, junk, machinery, indoor furniture, or similar materials, except for building materials required during an on-site construction project with a valid building permit.
3. Vehicle Parking and Storage. No required parking space shall be located within a required setback, except as provided by Section 17.36.090(A) of this title. No front or side setback shall be used for parking a motor vehicle, recreational vehicle (RV), boat, trailer, farm equipment, or other vehicle, except that an operable automobile or truck of one-ton capacity or less, in regular use, may be parked within a paved driveway. A garage, carport, or any other structure for sheltering parking space within the RR, RVL, NL, NM, or NU zoning districts shall comply with the setback requirements of the applicable zoning district, and the requirements of Section 17.42.160(F)(2) of this title.
4. Mechanical Equipment. See Section 17.30.042 (Mechanical and utility equipment placement) of this chapter.
F. Allowed Projections into Setbacks. An architectural feature attached to a primary structure may extend beyond the wall of the structure and into a required front, side, or rear setback in compliance with Table 3-1. See also Figure 3-4. These requirements do not apply to accessory structures which are instead subject to Sections 17.42.020 (Agricultural accessory structures) and 17.42.160 (Residential accessory uses and structures) of this title.
|
Projecting Feature |
Allowed Projection into Specified Setback |
||
|---|---|---|---|
|
Front Setback |
Side Setback |
Rear Setback |
|
|
Attached deck, landing, porch, stairway – Uncovered, unenclosed, and less than 30 in. above grade |
25% of setback to a maximum of 5 ft. |
May project to property line |
May project to property line |
|
Balcony, attached deck, landing, porch, stairway – Which may be roofed but is otherwise unenclosed |
25% of setback to a maximum of 5 ft. |
20% of side setback(1) |
20% of setback(1) |
|
Balcony, attached deck, landing, porch, stairway – Covered and enclosed |
|
Not allowed in setback |
|
|
Balcony, attached deck, landing, porch, stairway – Uncovered and unenclosed, 30 in. or more above grade |
5 ft. |
36 in.(1) |
5 ft.(1) |
|
Bay window, or similar projecting feature |
36 in. |
20% of setback(1) |
36 in. |
|
Chimney/fireplace, 6 ft. or less in breadth |
24 in. |
24 in.(1) |
24 in.(1) |
|
Cornice, eave, awning, roof overhang |
24 in. |
30 in.(1) |
5 ft.(1) |
Notes:
(1) Feature may project no closer than thirty-six inches to any side or rear property line.
Figure 3-4. Examples of Allowed Projections into Side Setback
G. Setback Requirements for Specific Structures.
1. Accessory Structures. See Sections 17.42.020 (Agricultural accessory structures and uses) and 17.42.160 (Residential accessory uses and structures) of this title.
2. Fences. See Section 17.30.030 (Fences, walls, and screening) of this chapter.
3. Detached Decks and Other Site Design Elements. A detached deck, freestanding solar device, steps, terrace, or other site design element that is placed directly upon the grade, and that exceeds a height of eighteen inches above the surrounding grade at any point, shall comply with the setback requirements of this land use code for detached accessory structures.
4. Swimming Pool, Hot Tub, Etc. A swimming pool, hot tub, or spa on a parcel of ten thousand square feet or less shall be set back a minimum of ten feet from side and rear property lines, and shall not be located within a front setback. A swimming pool, hot tub, or spa on a parcel larger than ten thousand square feet shall comply with the setback requirements of the applicable zoning district. All equipment associated with a pool, hot tub and/or spa on any parcel shall comply with the setback requirements of the applicable zoning district.
5. Mechanical Equipment. See Section 17.30.042 (Mechanical and utility equipment placement) of this chapter. (Ord. 766 § 2 Exh. A (part), 2004).
17.30.030 Fences, walls, and screening.
A. Applicability. The requirements of this section apply to all fences and walls unless otherwise stated.
1. Fences or Wall in Flood Hazard Area. A fence or wall in an area subject to flooding identified on a Federal Flood Insurance Rate Map (FIRM) on file in the department shall require a building permit, and shall comply with all requirements of the city engineer in addition to the requirements of this section.
2. Exemptions. These regulations do not apply to fences or walls required by regulations of a state or federal agency, or by the city for reasons of public safety.
B. Height Limits. Each fence, wall, and hedge shall comply with the height limits shown in Table 3-2. A fence or wall with a height greater than six feet shall require design review in compliance with Section 17.62.040 of this title, except for open and wire fencing in the OSC, RR, and RVL zoning districts.
|
Location of Fence, Wall, or Hedge |
Maximum Height |
|
|---|---|---|
|
Within front or street side setback |
Solid wall, hedge, or fencing: 42 in. |
|
|
|
Open fencing: 42 in. in all zoning districts, except: |
|
|
|
a. |
Up to 6 ft. is allowed in RR; and |
|
|
b. |
From 42 to 66 in. is allowed in RVL with a minor use permit. |
|
|
See also Section 17.30.040(E) (Height limit at street corners) |
|
|
Within interior side or rear setback – Residential zone |
6 ft.(2) |
|
|
Within interior side or rear setback – Nonresidential zone |
6 ft.(1) |
|
|
Within a zone where no setback is required |
|
|
|
20 ft. or more to the rear of a front or street side property line |
6 ft.(1) |
|
|
Within 20 ft. of a front or street side property line |
42 in. for solid wall, hedge, or fencing 6 ft. for open fencing |
|
|
At intersections of alleys, streets, and driveways within sight visibility areas. See 17.30.040(E) (Height limit at street corners). |
3 ft. |
|
|
Outside of a required setback |
8 ft.(1) |
|
Notes:
(1) An additional two feet of height may be authorized through minor use permit approval.
(2) A fence or wall up to eight feet in height may be allowed with a minor use permit when the portions above six feet are of an open design (e.g., lattice, wrought iron or grille work). A building permit may also be required.
C. Measurement of Fence and Wall Height.
1. Fence height shall be measured as the vertical distance between the finished grade at the base of the fence and the top edge of the fence material.
2. The height of fencing atop a wall shall be measured from the base of the wall.
3. Where the ground elevation within six feet of the base of a fence differs from one side of the fence to the other (as when a fence is placed at the top of a slope or on a retaining wall), the height shall be measured from the side with the lowest natural grade. See Figure 3-5.
Figure 3-5. Fence Height Measurement
D. Specific Fence and Wall Requirements.
1. Fencing Between Different Land Uses. Fencing between different land uses shall be provided in compliance with subsection F of this section.
2. Outdoor Equipment, Storage, and Work Areas. Nonresidential outdoor uses and equipment adjacent to a residential use shall be fenced and/or screened in compliance with subsection F of this section.
3. Retaining Walls. Any embankment to be retained that is over forty-eight inches in height shall be benched so that no individual retaining wall exceeds a height of thirty-six inches, and each bench is a minimum width of thirty-six inches.
4. Swimming Pools, Spas, and Similar Features. Swimming pools/spas and other similar water features shall be fenced in compliance with Uniform Building Code (UBC) requirements, regardless of the other requirements of this section.
5. Temporary Fencing. Temporary fencing may be necessary to protect archaeological or historic resources, trees, or other similar sensitive features during site preparation and construction. This fencing shall be approved by the director.
E. Prohibited Materials. The following fencing materials are prohibited in all zones except where they are required by a state or federal law or regulation, and except as noted:
1. Razor or concertina wire in conjunction with a fence or wall, or by itself, and chain link fencing within a front or street side setback; and
2. Barbed wire, or electrified fence; except where approved by the director in the RR zoning district for animal control.
F. Screening. This subsection establishes standards for the screening and separation of adjoining residential and nonresidential land uses, equipment and outdoor storage areas, and surface parking areas.
1. Screening Between Different Land Uses. A commercial or industrial land use proposed on a site adjacent to RR, RVL, NR, or NM zoning districts shall provide screening at the parcel boundary as follows. Other nonresidential uses adjacent to a residential use may also be required by the review authority to comply with these requirements.
a. The screen shall consist of plant materials and a solid, decorative wall of masonry or similar durable material, six feet in height (up to eight feet may be allowed in compliance with subsection B of this section. Openings or pedestrian connections may be required at the discretion of the review authority.
b. The decorative wall shall be architecturally treated on both sides, subject to the approval of the review authority.
c. A landscaping strip with a minimum width of five feet shall be installed adjacent to a screening wall, except that ten feet of landscaping shall be provided between a parking lot and a screening wall, in compliance with Section 17.34.050(D)(3)(d) of this title.
d. The review authority may waive or approve a substitute for the requirements of this subsection (F)(1) if the review authority first determines that:
i. The relationship of the proposed uses make the required screening unnecessary;
ii. The intent of this section can be successfully met by means of alternative screening methods;
iii. Physical constraints on the site make the required screening infeasible; or
iv. The physical characteristics of the site or adjoining parcels make the required screening unnecessary.
2. Mechanical Equipment, Loading Docks, and Refuse Areas.
a. Roof or ground mounted mechanical equipment shall be screened from public view from adjoining public streets and rights-of-way and adjoining areas zoned for residential uses. This equipment includes air conditioning, heating, ventilation ducts, and exhaust vents, loading docks, refuse storage areas, and utility services, electrical transformers, gas meters, etc. See also Section 17.30.042 (Mechanical and utility equipment placement) of this chapter.
b. The colors, materials, and architectural style of screening shall be architecturally compatible with other on-site development.
3. Outdoor Storage and Work Areas. See Section 17.42.140 (Outdoor storage) of this title.
4. Outdoor Building Materials and Garden Supply Areas. See Section 17.42.130 (Outdoor displays and sales) of this title. (Ord. 766 § 2 Exh. A (part), 2004).
17.30.040 Height limits and exceptions.
A. Purpose. This section describes the required methods for measuring the height of structures in compliance with the height limits established by this land use code, and exceptions to those height limits.
B. Maximum Height of Structures. The height of each structure shall not exceed the height limit established for the applicable zoning district by Article 2 (Community and Project Design), except as otherwise provided by this section, and by Section 17.53.050(E) of this title for hillsides and other sloping lots.
C. Height Measurement. The maximum allowable height shall be measured as the vertical distance from the natural grade of the site to an imaginary plane located the allowed number of feet above and parallel to the grade. See Figure 3-6. The location of natural grade shall be determined by the director, and shall not be artificially raised to gain additional building height.
Figure 3-6. Height Measurement
D. Exceptions to Height Limits. The following structures and structural features may exceed the height limits of this land use code as noted:
1. Architectural Features. A chimney, cupola, monument, mechanical equipment, or vent may exceed the height limit by a maximum of three feet. Design review approval may allow a spire, theater scenery loft, or tower, to exceed the height limit by eight feet.
2. Telecommunications Facilities. The height of telecommunications facilities, including antennas, poles, towers, and necessary mechanical appurtenances, shall comply with Chapter 17.44, Telecommunications Facilities.
3. Mixed Use Structures in CE, CG, and CD. The maximum height of a mixed use structure in the CE, CG, or CD zoning districts may be increased to three stories and forty-five feet if:
a. The second and third stories shall be used exclusively for housing; and
b. A minimum of fifty percent of the housing shall be affordable to lower and moderate-income households.
E. Height Limit at Street Corners. Development proposed adjacent to any public or private street or alley intersection in other than the NU, SPD, CD, CE, or CG zoning districts shall be designed to provide a traffic safety visibility area for pedestrian and traffic safety. See Figure 3-7.
1. Measurement of Visibility Area. A traffic safety visibility area is a triangle measured as follows, and may include private property and/or public right-of-way.
The visibility area shall be defined by measuring thirty-five feet from the intersection of the extension of the front and street side curb lines (or the right-of-way lines where there is no curb) and connecting the lines across the property.
2. Height Limit. No structure, sign, or landscape element shall exceed thirty-six inches in height within the traffic safety visibility area, unless approved by the city engineer, except for trees with their canopy trimmed to a minimum of eight feet above grade. (Ord. 823 § 2(C) Exh. C (part), 2009; Ord. 766 § 2 Exh. A (part), 2004).
Figure 3-7. Required Traffic Safety Visibility Area
17.30.042 Mechanical and utility equipment placement.
Ground-mounted mechanical equipment located outside of a structure shall comply with the setback requirements of the applicable zoning district. Examples of this equipment include: swimming pool pumps and filters, heating, ventilation, and air conditioning, and similar equipment; and transformers, cable television distribution boxes, and similar equipment that is allowed to be installed aboveground. See also Section 17.30.100, Underground utilities. (Ord. 766 § 2 Exh. A (part), 2004).
17.30.050 Noise standards.
A. Purpose. This section implements the policies of the noise element of the general plan, and provides standards for noise mitigation that are intended to protect the community health, safety, and general welfare by limiting exposure to the unhealthful effects of noise.
B. Applicability. No use, activity, or process shall exceed the maximum allowable noise levels established by this section, except for the following noise sources:
1. Emergencies. Public safety warning devices (e.g., ambulance, fire, and police sirens), sound for alerting persons to the existence of an emergency, or the performance of authorized emergency work including but not limited to restoring property to a safe condition following a public calamity or work and equipment required to protect persons or property from an imminent exposure to danger or work and equipment by private or public utilities when restoring utility service;
2. State or Federal Preempted Activities. Any activity regulated by state or federal law;
3. Public Health and Safety Activities. Construction, maintenance, and/or repair operations by public agencies and/or utility companies or their contractors that are serving public interests, and/or protecting the public health, safety, and general welfare;
4. Parks. Public agency sanctioned recreational activities and programs conducted in public parks; and
5. Solid Waste Collection. The authorized collection of solid waste.
C. Noise Source Standards.
1. Noise Level Limitations. No use, activity, or process within the city shall generate noise in excess of the levels identified by Tables 3-3 and 3-4, as the noise is measured at the property line of a noise-sensitive land use identified in Tables 3-3 and 3-4.
a. If the measured ambient noise level exceeds the applicable noise level standard in any category shown in Table 3-3, the applicable standards shall be adjusted to equal the ambient noise level.
b. If the intruding noise source is continuous and cannot reasonably be discontinued or stopped to allow measurement of the ambient noise level, the noise level measured while the source is in operation shall be compared directly to the applicable noise level standards identified in Table 3-3.
Notwithstanding the above requirements, no person shall allow or cause the generation of any noise of a type, volume, pitch, tone, repetition, or duration that would be found to be a nuisance by a reasonable person beyond the boundaries of the property where the noise is generated.
|
Noise-Sensitive Land Use |
Outdoor Activity Areas(1)(2) |
Interior Spaces |
|
|---|---|---|---|
|
dBA Ldn |
dBA Ldn |
dBA Leq |
|
|
Residential |
65 |
45 |
N.A. |
|
Transient lodging |
65 |
45 |
N.A. |
|
Hospitals, extended care |
65 |
45 |
N.A. |
|
Theater, auditorium |
(3) |
45 |
35 |
|
Meeting facility, public or private |
65 |
45 |
40 |
|
Offices |
75 |
45 |
45 |
|
School, library, museum |
65 |
45 |
45 |
|
Playground park |
70 |
N.A. |
N.A. |
Notes:
(1) Where the location of outdoor activity areas is unknown, the exterior noise level standard shall be applied to the property line of the receiving land use.
(2) Where it is not possible to reduce noise in outdoor activity areas to sixty-five dB Ldn/CNEL or less using a practical application of the best-available noise reduction measures, an exterior noise level of up to seventy dB Ldn/CNEL may be allowed provided that available exterior noise level reduction measures have been implemented and interior noise levels are in compliance with this table.
(3) Subject to an acoustical analysis in compliance with subsection (C)(2) of this section.
|
Sound Level |
Maximum Allowable Sound Level(1) |
|
|---|---|---|
|
Day/Evening dB (7:00 a.m. to 10:00 p.m.) |
Night dB (10:00 p.m. to 7:00 a.m.) |
|
|
Hourly Leq dB |
50 |
45 |
|
Maximum Level, dB |
70 |
65 |
|
Maximum Level, dB, for Impulsive Noise |
65 |
60 |
Notes:
(1) If the offensive noise contains a steady, audible tone (e.g., a screech or hum), is a repetitive noise (e.g., hammering), or contains speech or music, the maximum allowable sound level shall be reduced by five dB.
2. Acoustical Analysis Required. Where the director determines that a proposed project may generate noise in excess of any limit established by Table 3-3, and/or where the use may generate noise in outdoor areas in excess of sixty dBA, the land use permit application for the use shall include an acoustical analysis by a qualified professional approved by the director.
a. Contents. The analysis shall determine the potential for stationary source noise impacts to neighboring land uses, include field measurements to determine more precise locations for existing and projected future noise levels (based on traffic projections in the circulation element of the general plan or as otherwise accepted by the city), and recommend appropriate mitigation measures.
b. Preferred Mitigation Measures for Receptor Sites. When development is subject to high noise levels requiring mitigation, the following measures shall be considered and preference shall be given where feasible in the following order:
i. Site layout, including setbacks, open space separation and shielding of noise-sensitive uses with non-noise-sensitive uses;
ii. Acoustical treatment of buildings; or
iii. Structural measures such as constructed of earth berms and/or wood or concrete barriers; provided, that no sound wall shall be located adjacent to a public street.
3. Limitation on Hours of Construction. In order to allow construction schedules to take advantage of the weather and normal daylight hours, and to ensure that nearby residents as well as nonresidential activities are not disturbed by the early morning or late night activities, the city has established the following limits on construction, in compliance with Table 3-5 or as required by conditions of approval.
|
Day |
Allowable Hours |
|---|---|
|
Monday through Friday |
7:00 a.m. to 7:00 p.m. |
|
Saturday and Sunday, Holidays |
Construction activities may only be allowed by the review authority through conditions of approval between 9:00 a.m. and 5:00 p.m. |
4. Limitation on Truck Deliveries. Truck deliveries to a commercial or industrial parcel adjacent to a residential zoning district shall be limited to the hours between seven a.m. and seven p.m., unless the director authorizes other delivery times based on the determination that there is either no feasible alternative, or there are overriding transportation and traffic management benefits to scheduling deliveries at night.
D. Noise Receptor Standards. Where noise-sensitive land uses are proposed in areas exposed to existing or projected noise levels in excess of the standards in Tables 3-3 and 3-4, the city shall require an acoustical analysis as part of the environmental review process so that noise mitigation may be included in the project design, so that proposed structures are designed to limit intruding noise in interior rooms to forty-five dBA Ldn. At the discretion of the director, the requirement for an acoustical analysis may be waived if all of the following conditions are satisfied:
1. The development is for less than ten single-family dwellings or less than ten thousand square feet of total gross floor area for office buildings, churches, or meeting halls;
2. The noise source in question consists of a single roadway or railroad for which up-to-date noise exposure information is available. An acoustical analysis will be required if the noise source is a stationary noise source, or if there are multiple noise sources that could affect the project;
3. The projected future noise exposure at the exterior of proposed buildings or outdoor activity areas does not exceed sixty-five dBA Ldn;
4. The topography of the area is essentially flat; and
5. Effective noise mitigation, as determined by the director, is incorporated into the project design. The measures can include, but are not limited to, the use of building setbacks, building orientation, or noise barriers. If closed windows are required for compliance with interior noise level standards, air conditioning or a mechanical ventilation system will be required.
E. Noise Measurement. Exterior noise levels shall be measured at the property line of the noise-sensitive land use receiving the noise, or alternatively at the property line of the source emitting the noise. Noise measurement shall be made with a sound level meter using the “A” weighted scale at slow meter response. Fast meter response shall be used only for an impulsive noise.
F. Standards for Determining Violations. Notwithstanding any other provision of this chapter, and in addition thereto, it is unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include the significance criteria identified in policy N 1.7 of the general plan, the land use compatibility exterior noise exposure (Ldn) information in general plan Table N-1, the noise level and standards identified in Tables 3-3 and 3-4 as well as, but not limited to, the criteria listed below:
1. The level of noise;
2. The intensity of the noise;
3. Whether the nature of the noise is usual or unusual;
4. Whether the origin of the noise is stationary and nontransportation or transportation noise;
5. The level and intensity of the background noise, if any;
6. The proximity of the noise to residential sleeping facilities;
7. The nature and zoning of the area within which the noise emanates;
8. The density of the inhabitation of the area within which the noise emanates;
9. The time of the day or night the noise occurs;
10. The duration of the noise;
11. Whether the noise is recurrent, intermittent or constant;
12. Whether the noise is produced by a commercial or noncommercial activity.
G. Special Noise Sources.
1. Leaf Blowers.
a. Offense. It is unlawful for any person to operate any gas-powered leaf blowers within city limits, except in industrial zones, between the hours of eight p.m. and eight a.m. on weekdays or between the hours of eight p.m. and nine a.m. on Saturdays and Sundays.
H. Violation. Any violation of this chapter may be enforced either as an infraction or as a misdemeanor, or by any remedy available to the city under this code, or under state law. (Ord. 925 § 2 (Exh. A), 2024; Ord. 766 § 2 Exh. A (part), 2004).
17.30.060 Outdoor lighting.
Outdoor lighting on private property shall comply with the following requirements:
A. An outdoor light fixture shall be limited to a maximum height of fourteen feet or the height of the nearest building, whichever is less.
B. Outdoor lighting shall utilize energy-efficient (high pressure sodium, low pressure sodium, hard-wired compact fluorescent, or other lighting technology that is of equal or greater energy efficiency) fixtures/lamps.
C. Lighting fixtures shall be shielded or recessed to reduce light bleed to adjoining properties by:
1. Ensuring that the light source (e.g., bulb, etc.) is not visible from off the site; and
2. Confining glare and reflections within the boundaries of the site to the maximum extent feasible.
Each light fixture shall be directed downward and away from adjoining properties and public rights-of-way, so that no on-site light fixture directly illuminates an area off the site.
D. No lighting on private property shall produce an illumination level greater than one footcandle on any property within an RR, RVL, NL, NM, or NU zoning districts except on the site of the light source.
E. No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness, as determined by the director. (Ord. 766 § 2 Exh. A (part), 2004).
17.30.070 Performance standards.
A. Purpose. This section provides performance standards that are designed to minimize various potential operational impacts of land uses and development within the city, and promote compatibility with adjoining areas and land uses.
B. Applicability. The provisions of this section apply to all new and existing land uses, including permanent and temporary uses in all zoning districts, unless an exemption is specifically provided. Uses existing on the effective date of the ordinance codified in this section shall not be altered or modified thereafter to conflict with these standards.
C. Air Emissions. No visible dust, gases, or smoke shall be emitted, except as necessary for the heating or cooling of structures, and the operation of motor vehicles on the site.
D. Combustibles and Explosives. The use, handling, storage, and transportation of combustibles and explosives shall comply with the Uniform Fire Code, and California Code of Regulations Title 19.
E. Dust. Activities that may generate dust emissions (e.g., construction, grading, commercial gardening, and similar operations) shall be conducted to limit the emissions beyond the site boundary to the maximum extent feasible. Appropriate methods of dust management shall include the following, subject to approval by the city engineer:
1. Scheduling. Grading shall be designed and grading activities shall be scheduled to ensure that repeat grading will not be required, and that completion of the dust-generating activity (e.g., construction, paving or planting) will occur as soon as possible.
2. Operations During High Winds. Clearing, earth-moving, excavation operations or grading activities shall cease when the wind speed exceeds twenty-five miles per hour averaged over one hour.
3. Limiting the Area of Disturbance. The area disturbed by clearing, demolition, earth-moving, excavation operations or grading shall be minimized at all times.
4. Dust Control. Fugitive dust emissions shall be controlled by watering a minimum of two times each day, paving or other treatment of permanent on-site roads and construction roads, the covering of trucks carrying loads with dust content, and/or other dust-preventive measures (e.g., hydroseeding, etc.).
5. Revegetation. Graded areas shall be revegetated as soon as possible, but within no longer than thirty days, to minimize dust and erosion. Disturbed areas of the construction site that are to remain inactive longer than three months shall be seeded and watered until grass cover is grown and maintained.
6. Fencing. Appropriate fences or walls shall be constructed to contain dust within the site as required by the city engineer.
F. Ground Vibration. No ground vibration shall be generated that is perceptible without instruments by a reasonable person at the property lines of the site, except for vibrations from temporary construction or demolition activities, and motor vehicle operations.
G. Light and Glare. Outdoor lighting shall comply with the requirements of Section 17.30.060 (Outdoor lighting) of this chapter.
H. Liquid Waste. No liquid shall be discharged into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the Regional Water Quality Control Board.
I. Noise. The city’s noise standards are in Section 17.30.050 (Noise standards) of this chapter.
J. Odor. No obnoxious odor or fumes shall be emitted that are perceptible without instruments by a reasonable person at the property line of the site.
K. Radioactivity, Electrical Disturbance or Electromagnetic Interference. None of the following shall be emitted:
1. Radioactivity, in a manner that does not comply with all applicable state and federal regulations; or
2. Electrical disturbance or electromagnetic interference that interferes with normal radio or television reception, or with the function of other electronic equipment beyond the property line of the site; or that does not comply with all applicable Federal Communications Commission (FCC) and other applicable state and federal regulations. (Ord. 766 § 2 Exh. A (part), 2004).
17.30.080 Public improvement requirements.
The development of an approved project shall include the construction of improvements to each public street frontage of the site as required by the review authority and city public improvement standards. These on-site and/or off-site improvements may include the widening of an existing street, and/or the installation or reinstallation of curb, gutter, and sidewalk; the installation of street trees and other landscaping within the public right-of-way; the installation of drainage facilities as required by the city engineer, and/or other improvements determined by the review authority to be reasonably related to the needs for pedestrian and vehicle circulation, and community infrastructure demands created by the project. See also Section 17.30.100 (Underground utilities) of this chapter. (Ord. 766 § 2 Exh. A (part), 2004).
17.30.082 Residential conversions.
The use of a structure designed and constructed as a dwelling with a nonresidential use, and the use of a structure designed and constructed for nonresidential use as a dwelling shall comply with the following requirements:
A. Residential to Nonresidential Conversion. The conversion of an existing dwelling in RR, RVL, NL, NM, or NU zones for occupancy by a nonresidential use shall require a minor use permit. Minor use permit approval shall require that the review authority first make one of the following findings:
1. An equivalent number and type of new housing will be constructed elsewhere in the city;
2. There exists an adequate supply of housing units in the city to meet current and projected housing needs; or
3. The proposed conversion is essential for the health and safety of the community.
B. Nonresidential to Residential Conversion. The use of a structure that was designed and constructed for nonresidential use as a dwelling shall require that the structure first be brought into compliance with all applicable current requirements of this land use code, including the applicable zoning district, and the building code. (Ord. 766 § 2 Exh. A (part), 2004).
17.30.084 Solar energy collectors.
A. Applicability. Each solar energy system shall comply with the requirements of this section. For the purposes of this section, the term “solar energy system” shall have the same meaning as in California Civil Code Section 801.5(a), as either of the following:
1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating; or
2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.
See also Section 17.51.060 (Solar access and view preservation) of this title.
B. Permit Requirements. The installation of a solar energy system shall require the approval of a ministerial zoning clearance by the director in compliance with Section 17.62.020 (Zoning clearance) of this title, and the issuance of a building permit.
1. Application Content.
a. In reviewing the application for zoning clearance, the director may require the applicant to submit additional information as the director deems necessary to determine whether the application meets the requirements of this section. The applicant shall provide this additional information to the director before the application shall be deemed complete.
b. The additional information may include certifications from solar energy experts that the proposed solar collector, solar energy device, or structural design feature are primarily for the purpose of providing solar energy. In appropriate cases, the director may require the solar energy expert to determine whether modifications could be made to the proposed application in a manner which would not significantly increase the cost of the system or significantly decrease its efficiency or specified performance.
c. The director shall provide the applicant with a written list of additional information which must be submitted in order that the application be deemed complete.
2. Fees. An application for the installation of a solar energy system shall include the fee required by the city’s fee schedule.
3. Additional Permit Requirements. If the director determines that the application includes structural design features to a building or the installation of solar energy devices that are not for the primary purpose of providing for the collection, storage and distribution of solar energy, the director shall determine whether the application is subject to any discretionary approvals required by this land use code. If the application requires discretionary approvals, the applicant shall obtain the approvals before the director may issue a zoning clearance for the installation of the proposed solar energy system.
4. Application Review. Once the director determines that the application is complete, the director shall review the application for compliance with all applicable health and safety standards and requirements imposed by federal, state and local law.
5. Application Approval. The director shall approve the application for the installation of the solar energy system provided that the application complies with the requirements in subsections (B)(4) and (C) of this section, and all other applicable requirements of this land use code, provided that the application does not require a discretionary zoning approval in compliance with subsection (B)(3) of this section. For applications that comply with the requirements of subsections (B)(4) and (C), but which require a discretionary approval in compliance with subsection (B)(3) of this section, the director shall approve the application at such time as the applicant obtains the discretionary zoning approval upon the terms and conditions as are contained in the approval.
6. Conditions of Approval. The director may impose reasonable conditions on the approval of the application of the solar energy system, provided that the conditions shall not significantly increase the cost of the solar energy system, or significantly decrease its efficiency or specified performance. In determining whether a condition significantly increases costs or decreases efficiency, the director shall be guided by the following standards as contained in California Civil Code Section 714(d):
a. For solar domestic water heating systems or solar swimming pool heating systems that comply with the requirements in subsection C of this section, “significantly” means an amount exceeding twenty percent of the cost of the system or decreasing the efficiency of the solar energy system by an amount exceeding twenty percent, as specified and proposed in the completed application.
b. For photovoltaic systems that comply with the requirements in subsection C of this section, “significantly” means an amount not to exceed two thousand dollars over the cost of the solar energy system included in the completed application or a decrease in system efficiency of an amount exceeding twenty percent, as specified and proposed in the completed application.
7. Appeal. The final decision of the director to approve or disapprove a zoning clearance for the installation of a solar energy system may be appealed in compliance with Chapter 17.84 (Appeals) of this title, except that in reviewing the appeal, the commission and the council shall be guided by the standards in this section. Therefore, the appeal hearing shall not be deemed a public hearing and shall not be subject to the notice and requirements applicable to public hearings.
C. Equipment Standards. Solar energy systems shall comply with the following standards, as applicable:
1. Water Heating Systems. A solar energy system for heating water shall be certified by the Solar Rating Certification Corporation or other nationally recognized certification agency. The certification shall be for the entire solar energy system and installation.
2. Electricity Generating Systems. A solar energy system for producing electricity shall meet all applicable safety and performance standards established by the National Electric Code, the Institute of Electrical and Electronic Engineers, and accredited testing laboratories such as Underwriters Laboratories and where applicable, rules of the Public Utilities Commission regarding safety and reliability. (Ord. 766 § 2 Exh. A (part), 2004).
17.30.090 Solid waste/recyclable materials storage.
A. Purpose. This section provides standards which recognize the city’s support for and compliance with the California Solid Waste Reuse and Recycling Access Act (Public Resources Code Sections 42900 through 42911).
B. Applicability. These requirements apply to new multifamily residential and nonresidential development, or changes to existing multifamily residential or nonresidential development that increase gross floor area by twenty-five percent or more.
C. Extent of Storage Area Required. Solid waste and recyclable storage areas shall be provided in the number, dimensions, and types required by the department or review authority. Additional storage areas may be required, as deemed necessary by the director.
D. Enclosure Requirements. Storage areas shall be fully enclosed by a six-foot high decorative masonry wall or other solid enclosure that is architecturally compatible with adjacent structures. Gates shall be solid and continuously maintained in working order. A concrete apron shall be installed. Landscaping shall be provided to soften and screen the enclosure in compliance with Chapter 17.34 (Landscaping Standards) of this title. See Figure 3-8. (Ord. 766 § 2 Exh. A (part), 2004).
Figure 3-8. Solid Waste Enclosure
17.30.100 Underground utilities.
Underground installation by the developer is required for all electric, telecommunications, and utility lines providing service to structures on the site, and any of these lines that traverse the site. Junction and distribution boxes, transformers, and similar facilities shall be installed underground, or within a building that is located outside of a public right-of-way. (Ord. 766 § 2 Exh. A (part), 2004).