These standards shall ensure that new or modified uses and development
will produce an urban environment of stable, desirable character which
is harmonious with the existing and future development, consistent
with the General Plan.
(Prior code § 159.20.010)
Any permit which authorized new construction or modifications
to an existing structure in excess of 25% of the structure floor area
shall be subject to the standards set forth in this chapter.
(Prior code § 159.20.020)
No permit shall be approved unless it conforms to all of the
following standards set forth in this chapter:
Access
|
Additional height restrictions
|
Antennae, vertical and satellite dish
|
Design considerations
|
Dust and dirt
|
Environmental resources/constraints
|
Exterior building walls
|
Fences, walls and hedges
|
Fire protection
|
Fumes, vapor and gases
|
Glare
|
Hazardous materials
|
Height determination (buildings and structures)
|
Lighting
|
Noise
|
Odor
|
Projections into setbacks
|
Public street improvements
|
Radioactivity
|
Refuse storage/disposal
|
Screening
|
Signs, off-street parking, off-street loading and landscaping
|
Solar energy
|
Toxic substances
|
Storage
|
Vibration
|
Undergrounding utilities
|
These standards apply to more than 1 land use district, and
therefore are combined in this chapter. Also, these standards are
to be considered in conjunction with those standards and design guidelines
located in the specific land use district chapters.
(Prior code § 159.20.030)
Every structure or use shall have frontage upon a public street
or permanent means of access to a public street by way of a public
or private easement, or recorded reciprocal access agreement.
(Prior code § 159.20.030(1))
Where the maximum permitted height of a new structure exceeds
35 feet, the following provisions shall apply:
A. Enhanced
buffering to surrounding properties and the appropriateness of understructure
parking shall be evaluated.
B. A visual
analysis relating structure proportions, massing, height and setback
shall be conducted to preserve and enhance the scenic viewshed.
C. The
need and appropriateness of the additional height shall be demonstrated.
D. Compatibility
and harmony with surrounding development, and land use designations
shall be demonstrated.
E. Above
35 feet, additional structural setbacks (step back) may be required.
(Prior code § 159.20.030(2))
All antennae, including portable units, but exempting residential
satellite dish installations which are 10.5 feet or less in diameter,
12 feet or less in height, located in the rear yard, and are ground
mounted; and, exempting residential single pole or tower roof or ground
mounted television or amateur radio antennae, where the boom or any
active element of the antenna array is 30 feet or less and the height
does not exceed 75 feet, shall be installed in the following manner:
A. The
subject location shall conform to all standards of the land use district
in which it is proposed.
B. The
antennae shall not be located in the following areas:
3. On
any structure, unless architecturally screened and approved by the
Planning Commission. The screening restriction on antennae may be
modified by the Commission, if there is no alternative to maintain
line of sight clearance for satellites or amateur radio antennas.
C. The
maximum overall height for a ground mounted antennae shall be 75 feet
above grade.
D. The
operation of the antennae shall not cause interference with any electrical
equipment in the surrounding neighborhoods (e.g., television, radio,
telephone, computer, etc.), unless exempted by Federal regulation.
E. The
antennae shall be a single, non-glossy color (e.g., off-white crème,
beige, grey).
F. The
antennae shall be sited to assure compatibility with surrounding development
and not adversely impact the neighborhood.
G. The
installation and maintenance of television antennae shall be consistent
with all other applicable provisions of the municipal code.
(Prior code § 159.20.030(3))
The following standards are in addition to the specific design
guidelines contained in the individual land use districts:
A. The
proposed development shall be of a quality and character which is
consistent with the community design goals and policies including
but not limited to scale, height, bulk, materials, cohesiveness, colors,
roof pitch, roof eaves and the preservation of privacy.
B. The
design shall improve community appearance by avoiding excessive variety
and monotonous repetition.
C. Proposed
signage and landscaping shall be an integral architectural feature
which does not overwhelm or dominate the structure of property.
D. Lighting
shall be stationary and deflected away from all adjacent properties
and public streets and rights-of-way.
E. Mechanical
equipment, storage, trash areas, and utilities shall be architecturally
screened from public view.
F. With
the intent of protecting sensitive land uses, the proposed design
shall promote a harmonious and compatible transition in terms of scale
and character between areas of different land uses.
G. Parking
walls and structures shall be architecturally compatible with the
primary and surrounding structures.
H. Nearly
vertical roofs (A-frames) and piecemeal mansard roofs (used on a portion
of the structure perimeter only) are prohibited. Mansard roofs, if
utilized on commercial structures, shall wrap around the entire structure
perimeter.
(Prior code § 159.20.030(4))
In addition to the provisions of the City Grading and PM10 Ordinances,
all land use activities (e.g., construction, grading, and agriculture)
shall be conducted so as not to create any measurable amount of dust
or dirt emission beyond any boundary line of the parcel. To ensure
a dust-free environment, appropriate grading procedures shall include,
but are not limited to, the following:
A. Schedule
all grading activities to ensure that repeated grading will not be
required, and that implementation of the desired land use (e.g., planting,
paving or construction) will occur as soon as possible after grading.
B. Disturb
as little native vegetation as possible.
C. Water
graded areas as often as necessary to prevent blowing dust or dirt,
hydro seeding with temporary irrigation, adding a dust palliative,
and/or building wind fences.
D. Revegetate
graded areas as soon as possible.
E. Construct
appropriate walls or fences to contain the dust and dirt within the
parcel subject to the approval of the City Engineer.
(Prior code § 159.20.030(5))
All development proposals shall be evaluated in compliance with
the California Environmental Quality Act (CEQA) and all General Plan
environmental policies including, but not limited to biological resource
management; rare, threatened and/or endangered species; air quality;
mineral resources, archaeological resources; high wind areas; and
geologic hazards. Development within 50 feet of an active or potentially
active fault shall be prohibited. Development within these areas shall
be subject to the submittal of appropriate report(s) prepared by qualified
professionals which address the impacts of the proposed project; the
identification of mitigation measures necessary to eliminate the significant
adverse impacts; and, the provision of a program for monitoring, evaluating
the effectiveness of, and insuring the adequacy of the specified mitigation
measures.
(Prior code § 159.20.030(6))
The following standards shall apply to all exterior building/structure
wall construction:
A. Since
walls will always be a main architectural and visual feature in any
major development, restraint must be exercised in the number of permissible
finish materials. The harmony of materials and particularly color
treatment is essential to achieve unity in the project.
B. The
following designs are deemed unacceptable in any development and therefore
shall be prohibited:
1. Nonanodized
and unpainted aluminum finished window frames.
2. Metal
grills and façades. However, grills and façades of unique
design and in keeping with the general decor of the development and
neighborhood may be permitted subject to prior approval by the Director.
3. Aluminum
or other metal panels are not permitted on the street elevation; unless
it can be demonstrated that they are consistent with a structure’s
overall design character, and do not adversely effect the pedestrian
environment.
(Prior code § 159.20.030(7))
The following standards shall apply to the installation of all
fences, walls and hedges:
A. Height
and Type Limits.
1. Perimeter
fences, walls, and hedges located on property lines shall conform
to the limitations outlined in Table 17.40.01.
2. Required
perimeter fences and walls shall be constructed at the top of slope,
adjacent property lines.
3. The
following fence materials are permitted in any location on the lot:
a. Solid masonry fencing (i.e., block rock, brick with and without stucco
covering), provided the color of the masonry or stucco matches or
compliments the adjacent walls or structures.
c. Corrugated metal fencing.
e. Precision concrete block wall, to match or compliment existing structures
on the lot.
f. Post and wire (not to exceed 48 inches) or split rail (not to exceed
6 feet fencing, may be used along the perimeter of vacant property.
4. Other
fence or wall materials may be approved by the Planning Commission
through the design review process. The Planning Commission shall approve
or deny the application.
5. Nonconforming
Fences. Any fence which does not meet the standards of this section
but which was legally established prior to the adoption of these standards
may be maintained, provided such a fence which is destroyed or damaged
to the extent of more than 25 percent of its replacement (i.e., side,
rear, front) shall not be repaired, rebuilt, or reconstructed except
in conformance with these standards.
6. Measurement
of Fence Height. Fence heights shall be measured from finish grade
at the base of the fence to the highest point of the fence on the
interior or exterior side, whichever is higher.
7. Prohibited
Materials. Chain link material is prohibited for perimeter fencing.
Exposed wood, unless specially approved by the Planning Commission,
is prohibited for perimeter walls.
TABLE 17.40.01
FENCES, WALLS, AND HEDGES HEIGHT AND TYPE LIMITS
|
---|
Districts
|
Max. Permitted Height*
|
Comments
|
---|
Residential
|
|
|
Front/street-facing yard setback
|
4 feet
|
Hedges and plants shall be no higher than 4 feet for the first
10 feet of yard
|
Rear or side yard area
|
6 feet
|
Commercial, Industrial
|
|
|
Front/street facing yard setback
|
4 feet
|
Solid structures or plants
|
6 feet
|
Open work structures or plants
|
Abutting residential district
|
8 feet
|
Solid, decorative masonry wall
|
Rear or side yard area
|
6 feet
|
Commercial
|
Outdoor storage areas visible from public right-of-way
(located behind required setbacks)
|
8 feet
|
Commercial or Industrial
|
All districts traffic safety site area
|
30 inches
|
|
Vacant lots
|
48 inches
|
Post and wire split rail
|
|
6 feet
|
Chain-link as permitted in this section. Must be set back 5
feet from street side property line
|
*
|
The limitations shall not apply in the following instances:
|
|
—Where a greater height is required by any other provision
of the municipal code, State, or Federal requirements; or
|
|
—Where a greater height or type of fence, wall or hedge
is required by a condition of approval.
|
|
—Refer to Section 17.40.100(E) regarding residential fencing
and wall standards.
|
**
|
Solid structures to include: decorative masonry wall constructed
of slumpstone, split faced or other similar materials as approved
by the Planning Director.
|
B. Traffic
Safety Site Area. On a corner lot, no fence, wall, hedge, sign or
other structure, shrubbery, mounds of earth, or other visual obstruction
over 30 inches in height above the nearest street curb elevation shall
be erected, placed, planted, or allowed to grow within a Traffic Safety
Sight Area. The foregoing provision shall not apply to public utility
poles; trees trimmed (to the trunk) to a line at least 6 feet above
the level of the intersection; saplings or plant species of open growth
habits and not planted in the form of a hedge, which are so planted
and trimmed as to leave at all seasons a clear and unobstructed cross
view; supporting members of appurtenances to permanent structures
existing on the date this Zoning Ordinance becomes effective; and
official warning signs or signals.
C. Prohibited
Fence Materials/Chain Link Fencing.
1. The
use of barbed wire, electrified fence or razor wire fence in conjunction
with any fence, wall, roof, hedge, or by itself within any land use
district, is prohibited unless required by any law or regulation of
the City, the State of California, Federal Government, or agency thereof.
Agricultural uses may use electrical fences if approved by the Director.
2. Chain
link fencing shall be permitted only as follows:
a. In Residential Districts, but only as follows:
i. Where the lot is 1 acre or greater, and when the fencing is located
only on the side and/or rear property lines and must not be visible
from public right-of-way; or
ii. Where the lot is 10,000 square feet or greater, and the chain link
fencing is only along the rear property line and which is not adjacent
to public right-of-way, which chain link fencing must be screened
with adequate landscaping.
iii.
Vacant property 5 acres or greater in size, as needed to security
the property from any nuisance, including vandalism or trespass, as
determined by the Compliance Manager, or his or her designee. However,
chain link shall not be along the frontage of the property. Split
rail or post and wire fencing may be used along the frontage of the
property.
b. In Industrial (I-L, I-M, I-E) districts, but only when the fencing
is located only on the side and/or rear property lines and is not
visible from public right-of-way. The exception to the chain link
fence requirements in the industrial districts is:
i. Vacant property 5 acres or greater in size, as needed to security
the property from any nuisance, including vandalism or trespass, as
determined by the Compliance Manager, or his/her designee. However,
chain link shall not be along the frontage of the property. Split
rail or post and wire fencing may be used along the frontage of the
property.
c. All chain link fencing must have top rail, bottom wire and caps on
the poles.
d. All chain link fencing must be properly maintained at all times,
including being free from holes, tears, or bent or otherwise disfigured.
e. Notwithstanding the foregoing, chain link fencing may be used as
follows:
ii. In a temporary manner for construction sites;
iv. Where required as a condition of approval.
D. Wall
Design Standards. Perimeter walls may be required to have articulated
planes by providing at a minimum for every 100 feet of continuous
wall an 18-inch deep by 8-foot long landscaped recession. Walls shall
be constructed with pilasters provided at every change in direction,
every 5 feet difference in elevation and at a minimum of every 25
feet of continuous wall.
E. Residential
Fencing/Wall Requirement. Fencing or walls are required between individual
residential units, and residential developments if adjacent to parks,
open spaces, and/or major rights-of-way. All fencing and walls are
to be provided by each developer at the time of construction.
(Prior code § 159.20.030(8); Ord. 605 3-21-17; Ord. 622 7-18-17; Ord. 707 5-19-20)
All structures shall meet the requirements of the City Fire
Marshal.
(Prior code § 159.20.030(9))
No emission which can cause damage to human health, animals,
vegetation or other forms of property shall be discharged into the
atmosphere. No other forms of emission shall be measurable at any
point beyond the boundary line of the parcel. Emissions shall be in
compliance with Air Quality Management District and Regional Water
Quality Control Board permits.
(Prior code § 159.20.030(10))
No glare incidental to any use shall be visible beyond any boundary
line of the parcel.
(Prior code § 159.20.030(11))
The following standards are intended to ensure that the use,
handling, storage and transportation of hazardous materials comply
with all applicable requirements of
Government Code Section 65850.2
and
Health and Safety Code Section 25505, Article 80 Uniform Fire
Code, et seq. It is not the intent of these regulations to impose
additional restrictions on the management of hazardous wastes, which
would be contrary to State law, but only to require reporting of information
to the City that must be provided to other public agencies.
For the purposes of this section, “hazardous materials”
shall include all substances on the comprehensive master list of hazardous
materials compiled and maintained by the California Department of
Health Services.
A. A Conditional
Use Permit shall be required for any new commercial, industrial, or
institutional or accessory use, or major addition to an existing use,
that involves the manufacture, storage, handling, or processing of
hazardous materials in sufficient quantities that would require permits
as hazardous chemicals under the Uniform Fire Code, with the following
exceptions:
1. Underground
storage of bulk flammable and combustible liquids; and
2. Hazardous
materials in container sizes of 10 gallons or less that are stored
or maintained for the purposes of retail or wholesale sales.
B. All
businesses required by Chapter 6.95 of the California Health and Safety
Code to prepare hazardous materials release response plans shall submit
copies of these plans, including revisions to the Director at the
same time these plans are submitted to the administrating agency which
is responsible for administering these provisions.
C. Underground
storage of hazardous materials shall comply with all applicable requirements
of Chapter 6.7 of the California
Health and Safety Code, and Article
79 of the Uniform Fire Code. Any business that uses underground storage
tanks shall comply with the following:
1. Notify
the City Fire Marshal of any unauthorized release of hazardous materials
immediately, after the release has been detected and the steps taken
to control the release; and
2. Notify
the City Fire Marshal and the Director of any proposed abandoning,
closing or ceasing operation of an underground storage tank and the
actions to be taken to dispose of any hazardous substances.
D. Above-ground
storage tanks for any flammable liquids shall meet all standards of
the City Fire Marshal.
E.
1. All
structures subject to the provisions of this Zoning Ordinance and
all newly created lots shall be designed to accommodate a setback
of at least 100 feet from a pipeline conveying flammable materials.
This setback may be reduced, where the Director finds that:
a. The structure would be protected from the radiant heat of an explosion
by berming or other physical barriers;
b. A 100-foot setback would be impractical or unnecessary because of
existing topography, streets, lot lines, or easements; and
c. There shall be construction of hazardous liquid containment system
or other mitigating facility where the City Engineer finds that a
leak would accumulate within the reduced setback area. The design
shall be approved by the City Engineer and a surety instrument shall
be approved by the City Attorney to ensure the construction of the
system.
2. A
proposed structure (including a residence) on an undeveloped existing
lot of record that cannot be constructed only because of this restriction,
shall be allowed to be constructed if the structure is located so
as to comply with the setback regulation as closely as possible. The
Director may require a hazardous liquid containment system, to be
approved by the City Engineer.
3. A
pipeline is defined as follows:
a. A pipe with a nominal diameter of 6 inches or more, that is used
to transport hazardous liquids, but does not include a pipe used to
transport a hazardous liquid by gravity and a pipe used to transport
or store a hazardous liquid within a refinery, storage, or manufacturing
facility; or
b. A pipe with a nominal diameter of 6 inches or more operated at a
pressure of more than 275 pounds per square inch that carries gas.
4. A
subdivider of a development within 500 feet of a pipeline shall notify
a new owner at the time of purchase agreement and at the close of
escrow of the location, size, and type of pipeline.
(Prior code § 159.20.030(12))
All structures shall meet the following standards relating to
height:
A. The
structure’s height shall not exceed the standard for the land
use district in which it is located. The structure height shall be
determined from the finished grade to the highest point of the structure,
excluding chimneys and vents.
B. Pad
elevations shall be determined by the Director and the City Engineer
based on the following criteria:
3. Viewshed
protection from both public and private property;
4. Protection
of privacy of surrounding properties including consideration of the
location of windows, doors, balconies, and decks;
5. Structure
setback in relationship to structure height and property lines;
6. Sightline
and structure envelope analysis;
7. Sewer
line grade and location; and
8. Necessary
slopes and retaining walls.
C. Perimeter
fences, or walls, shall not exceed 6 feet in height, unless as otherwise
provided in this Zoning Ordinance. The height shall be measured from
the finished grade of the property.
D. Architectural
walls integral to the structure design, attached to the structure
may exceed 6 feet in height, subject to review by the Director.
E. To
assure safe sight distance for vehicular movement, sight-obscuring
fences, or walls, or other obstruction shall not exceed 30 inches
in height when located in a front setback.
F. Freestanding
flagpoles and radio and television antennas may not exceed the structure
height restrictions of the land use district in which they are located,
except as otherwise provided in this Zoning Ordinance.
(Prior code § 159.20.030(13))
A. Intent
and Purpose. This section is intended to provide standards for outdoor
lighting so as to maintain ambient lighting levels as low as possible
in order to enhance the City’s community character and charm
and maintain dark skies; provide for good visibility while maintaining
minimum glare and spillage onto other properties or into the sky;
and maintain safety, utility, security and productivity while enhancing
nighttime enjoyment of property and the night skies.
B. Applicability.
All outdoor artificial lighting devices shall be installed and operated
in accordance with the provisions of this section, plus any Uniform
Building or Uniform Electrical Codes, NEC codes, NFPA codes or any
other code presently or subsequently administered or adopted by the
City. Any language contained therein which may conflict with this
section shall be construed in a manner that is consistent with this
section.
C. Alternative
Materials and Methods of Installation. The provisions of this section
are not intended to prevent the use of any material or method of installation
not specifically prescribed by this section provided any such alternative
has been approved by the Building Official. Any alternative method
must meet the following:
1. The
proposed design, material or method provides protection that is equivalent
to the protection specified in this section; and
2. The
proposed alternative method otherwise complies with the intent of
this section.
D.
Definitions. For the purposes of
this section, certain terms are defined as follows:
"Individual"
means any private individual, tenant, lessee, owner, or any
commercial entity including, but not limited to, companies, partnerships,
joint ventures or corporations.
"Installed"
means the initial installation of outdoor light fixtures
defined in this section following the effective date of the ordinance
codified in this section.
"Outdoor lighting ware"
means outdoor artificial illuminating devices, outdoor fixtures,
lamps and other devices, permanent or portable, used for illumination
or advertisement. Such devices shall include, but are not limited
to, search, spot and flood lights for:
a.
Buildings and structures.
g.
General area and yard lighting.
E. General
Requirements.
1. Shielding. All exterior illuminating devices, except those exempt from this section and those regulated by subsection
F of this section shall be fully or partially shielded as required in Table 17.40.170 of this section.
a. “Fully shielded” means the fixture shall be shielded
in such a manner that light rays emitted by the fixture, either directly
from the lamp or indirectly from the fixture, are projected below
a horizontal plane running through the lowest point on the fixture
where light is emitted, thus preventing the emission of light above
the horizontal.
b. “Partially shielded” means the fixture shall be shielded
in such a manner that the bottom edge of the shield is below the plane
centerline of the light source (lamp), minimizing the emission of
light rays above the horizontal.
2. Filtration.
Those outdoor light fixtures requiring a filter per Table 17.40.170,
shall be equipped with a filter consisting of a glass, acrylic or
translucent enclosure. Quartz glass does not meet this requirement.
3. Requirements
for Shielding and Filtering. The requirements for shielding and filtering
light emission from outdoor light fixtures shall be as set forth in
Table 17.40.170.
TABLE 17.40.170
REQUIREMENTS FOR SHIELDING AND FILTERING OF OUTDOOR LIGHTING
(see also footnotes following table)
|
---|
Fixture Lamp Type
|
Shielding Requirement
|
Filtering Requirement
|
---|
Low pressure sodium(1)
|
Partially
|
None
|
High pressure sodium
|
Fully
|
None
|
Metal halide(2)
|
Fully
|
Yes
|
Fluorescent
|
Fully(3)
|
Yes(4)
|
Quartz(5)
|
Fully
|
None
|
Incandescent, greater than 160 watts
|
Fully
|
None
|
Incandescent, 160 watts or less
|
None
|
None
|
Mercury vapor
|
Fully(6)
|
Yes
|
Fossil fuel
|
None
|
None
|
Glass tubes filled with neon, argon or krypton
|
None
|
None
|
Other sources
|
As required by the Building Official
|
As required by the Building Official
|
(1)
|
This is the preferred light source to minimize undesirable light
into the night sky affecting astronomical observations.
|
(2)
|
Metal halide display lighting shall not be used for security
lighting after 11:00 p.m. (or after closing hours if before 11:00
p.m.) unless fully shielded. Metal halide lamps shall be in enclosed
luminaries.
|
(3)
|
Outdoor advertising signs of the type constructed of translucent
materials and wholly illuminated from within do not require shielding.
|
(4)
|
Warm white and natural lamps are preferred to minimize detrimental
effects.
|
(5)
|
For the purposes of this section, quartz lamps shall not be
considered an incandescent light source.
|
(6)
|
Recommended for existing mercury vapor fixtures. The installation
of new mercury fixtures is prohibited.
|
F. Prohibited
Lighting.
1. Outdoor
Building/Landscaping Illumination. The unshielded outdoor illumination
of any building, landscaping, signing, or other purpose is prohibited
except with incandescent fixtures less than 160 watts, fossil fuels,
and/or glass tubes (see Table 17.40.170 in this section).
2. New
Mercury Vapor Installations. The installation of mercury vapor fixtures
is prohibited. All existing mercury vapor lights installed shall be
fully shielded.
3. Illuminated
Awnings. The use of lighting inside a transparent or translucent ground
or wall mounted awning is prohibited.
G. Procedures
for Compliance.
1. Applications.
a. Any individual intending to install outdoor lighting fixtures (other
than incandescent lights of 160 watts or less) shall submit an application
to the Building Department providing evidence that the proposed work
will comply with this section.
b. Any individual applying for a building permit and intending to install
outdoor lighting fixtures (other than incandescent lights of 160 watts
or less) shall, as a part of the application, submit such evidence
as may be requested to assure that the proposed work complies with
this section.
c. Utility companies, lighting or improvement districts entering into
a duly approved contract with the City in which they agree to comply
with the provisions of this section shall be exempt from applying
for and obtaining a permit for the installation of outdoor light fixtures,
including residential security lighting.
2. Contents
of Application. The application shall contain, but shall not necessarily
be limited to, the following:
a. Plans indicating the location on the premises, the height of the
supports and fixtures, and the type of illuminating devices, fixtures,
lamps, supports and other devices.
b. Description of the illuminating devices, fixtures, lamps, supports,
shielding, filtering and other devices. This description may include,
but is not limited to, wattage, lighting output, manufacturer’s
catalog cuts, and drawings (including sections where required).
c. The above required plans and descriptions shall be sufficiently complete
to enable the Building Official to readily determine whether compliance
with the requirements of this section will be secured. If such plans
and descriptions cannot enable this ready determination, by reason
of the nature or configuration of the devices, fixtures or lamps proposed,
the applicant shall submit evidence of compliance by certified test
reports as performed by a recognized testing lab.
3. Issuance
of a Permit. Upon the determination that the installation will be
in compliance with the requirements of this section, the Building
Official shall issue a permit for installation of the outdoor lighting
fixtures, to be installed per the approved application.
4. Appeals. Any decisions of the Building Official may be appealed within 15 days of the decision. Selection of a Hearing Officer and the conduct of the hearing shall be pursuant to applicable sections of Chapter
4.36 of the Desert Hot Springs Municipal Code, as may be amended. The decision of the Hearing Officer shall be final.
5. Amendment
to Permit. Should the applicant desire to substitute outdoor light
fixtures or lamps after a permit has been issued, the applicant must
submit all changes to the Building Official for approval. Such application
for amendment shall contain adequate information to assure compliance
with this section.
H. Exemptions.
1. Nonconforming
Fixtures. All outdoor light fixtures existing and fully and legally
installed, prior to September 1, 2002, may indefinitely remain in
use as nonconforming structures provided that no change in use, replacement,
structural alteration, or restoration of outdoor light fixtures, other
than bulb replacement, is made unless such change conforms to the
regulations of this section.
2. Fossil
Fuel Light. Light fixtures using fossil fuel (i.e., light produced
directly or indirectly from the combustion of natural gas or other
utility type fossil fuel) are exempt from the requirements of this
section.
3. Government
Facilities. Those facilities and lands owned and operated or protected
by the Federal government, the State of California, the County of
Riverside, the Palm Springs Unified School District or the City of
Desert Hot Springs are exempted by law from all requirements of this
section. Voluntary compliance with the intent of this section at those
facilities is encouraged.
4. Recreational
Facilities. The illumination of outdoor recreational facilities, public
and private, is exempt from the requirements of this section with
the following limitations:
a. The light fixtures for outdoor recreational facilities shall meet
the shielding requirements in Table 17.40.170 of this section.
b. No such outdoor recreational facility shall be illuminated by nonconforming
means after 10:00 p.m. except to conclude a specific recreation or
sporting event or any other activity conducted at a ballpark, outdoor
amphitheater, arena, or similar facility in progress prior to 10:00
p.m.
I. Temporary
and Special Exemptions.
1. Request
for Temporary Exemptions. Any individual may submit application for
a minor use permit, on a form prepared by the Community Development
Department, to the Building Official for a temporary exemption to
the requirements of this section. Such exemptions shall be valid for
30 days. The request for temporary exemption shall contain, at a minimum,
the following information:
a. Specific exemptions and justification for the exemptions requested;
b. Type, use and hours of operation of the exterior light involved;
c. Duration of time for the requested exemption;
d. Type of lamp and calculated lumens;
e. Total wattage of the lamp or lamps;
f. Proposed location and height of exterior lights;
g. Physical size of the exterior lights and the type of shielding and/or
filtering provided;
h. Previous temporary exemptions, if any.
2. Special Exemption. The Community Development Director may grant a special exemption to the requirements of Table 17.40.170 in this section only by approval of a minor exception permit which includes, in addition to the findings required in Section
17.116.040 of the Zoning Ordinance, a written finding that there are extreme geographic or geometric conditions warranting the exemption and that there are no conforming fixtures that will otherwise suffice. The request for a special exemption shall contain, at a minimum, the information specified in subsections
(I)(1)(a) through
(g) of this section.
3. Additional Information. In addition to the information required in subsection
(I)(1) of this section, the Building Official or Community Development Director may request any additional information which would enable the Building Official or Community Development Director to make a reasonable evaluation of the request for temporary exemption or special exemption.
4. Appeal of a Temporary Exemption or Special Exemption. The Building Official or Community Development Director, within 5 days from the date of the properly completed request for an exemption, shall approve or reject in writing the request. If rejected, the individual making the request shall have the right to appeal for review pursuant to the applicable sections of Chapter
4.36 of the Desert Hot Springs Municipal Code, as may be amended. The decision of the Hearing Officer shall be final.
5. Extension of Time for a Temporary Exemption. Any individual requesting a temporary exemption for a period greater than 30 days, or an extension beyond the original 30-day period for a temporary exemption, shall apply to the Planning Commission for an extension. The extension request shall contain (in addition to other permit requirements) the information specified in subsection
G of this section.
J. Display
Lighting Use. With the approval of the City Council, searchlights
and laser lights may be used. This type of lighting shall comply with
the following requirements:
1. Permits
shall be issued for grand openings only or in conjunction with an
entertainment event or similar activity. A grand opening shall commemorate
an initial building or project opening, a change in ownership of an
existing business, or remodel/enlargement of over 50% of the floor
area or a new business in an existing building.
2. The
only uses allowed to apply for this permit are: shopping centers with
not less than 50,000 square feet of leased area, hotel with 50 rooms
or more or automobile dealerships that sell new cars.
3. The
application for a permit must be received 30 days prior to the event
commencing.
4. Hours
of operation shall be limited from dusk to 10:00 p.m.
5. Use
of the display light(s) is limited to a maximum period of 10 days
per calendar year.
6. Approval
of the Federal Aviation Agency, if required, shall be obtained prior
to each event.
K. Public
Nuisance. Any light fixture installed after December 1, 2002 which
violates the provisions of this section constitutes an infraction
and a public nuisance and shall be abated.
(Prior code § 159.20.030(14); Ord. 695 10-15-19)
No loudspeaker, bells, gongs, buzzers, mechanical equipment
or other sounds, attention attracting, or communication device associated
with any use shall be discernible beyond any boundary line of the
parcel, except fire protection devices, burglar alarms and church
bells. The following provisions shall apply:
A. In
residential areas, no exterior noise level shall exceed 65dBA and
no interior noise level shall exceed 45dBA.
B. All
residential developments shall incorporate the following standards
to mitigate noise levels:
1. Increase
the distance between the noise source and receiver.
2. Locate
land uses not sensitive to noise (i.e., parking lots, garages, maintenance
facilities, utility areas, etc.) between the noise source and the
receiver.
3. Bedrooms
should be located on the side of the structure away from major rights-of-way.
4. Quiet
outdoor spaces may be provided next to a noisy right-of-way by creating
a U-shaped development which faces away from the right-of-way.
C. The
minimum acceptable surface weight for a noise barrier is 4 pounds
per square foot (equivalent to 3/4-inch plywood). The barrier shall
be of a continuous material which is resistant to sound including:
(1) masonry block; (2) precast concrete; or (3) earth berm or a combination
of earth berm with block concrete.
D. Noise
barriers shall interrupt the line of sight between noise source and
receiver.
(Prior code § 159.20.030(15))
No use shall emit any obnoxious odor or fumes.
(Prior code § 159.20.030(16))
A. The
following list represents the only projections, construction, or equipment
that shall be permitted within the required setbacks:
1. Front
Setback. Roof overhangs, fireplace chimney, and awnings may project
up to 3 feet into the required setback.
2. Rear
Setback. Roof overhangs, patio covers, tennis courts, gazebos, awnings
and canopies, and other structures that are not enclosed, provided
there is no projection within 10 feet of the property line. Pools
and equipment shall be no closer than 5 feet from the property line.
3. Side
Setback. Roof overhangs, fireplace chimney, awnings, and air conditioning
or pool equipment, may project up to 3 feet into the required setback,
provided that such structures are not closer than 3 feet to the property
line.
B. Building
code requirements may further restrict the distance required to be
maintained from the property lines and other structures.
(Prior code § 159.20.030(17); Ord. 717 9-1-20)
A. Any
new construction or remodel construction valued at 25% or more of
the assessed valuation of the primary structure shall require the
dedication and improvement of public right-of-way for public street
purposes. In addition, the property owner shall be required to irrevocably
agree to participate in any future assessment district that may be
formed to construct public street improvements in accordance with
the policies, procedures and standards of the Director of Public Works
and City Engineer.
B. Whenever
street improvements are required along a parcel as a condition of
approval, and the off-site drainage pattern requires it, the entire
street section shall be improved in accordance with the policies,
procedures and standards of the Director of Public Works and City
Engineer.
(Prior code § 159.20.030(18))
No activity shall be permitted which emits radioactivity or
electrical disturbance.
(Prior code § 159.20.030(19))
Every parcel with a multifamily, commercial or industrial structure
shall have a trash receptacle on the premises. The trash receptacle
shall be of sufficient size to accommodate the trash generated. The
receptacle shall be screened from public view on at least 3 sides
by a solid wall 6 feet in height and on the fourth side by a solid
gate not less than 5 feet in height, in compliance with adopted Public
Works Department Standards. The gate shall be maintained in good working
order and shall remain closed except when in use. The wall and gate
shall be architecturally compatible with the surrounding structures.
Trash receptacles for single-family homes should be stored within
the enclosed garage or behind a fence.
(Prior code § 159.20.030(20))
Any equipment, whether on the roof, side of structure, or ground,
shall be screened. The method of screening shall be architecturally
compatible in terms of materials, color, shape, and size. The screening
design shall blend with the building design and include landscaping
when on the ground.
(Prior code § 159.20.030(21))
All development shall comply with the provisions of Chapter
17.44 (Sign Standards); Chapter
17.48 (Off-Street Parking Standards); Chapter
17.52 (Off-Street Loading Standards) and Chapter
17.56 (Landscaping).
(Prior code § 159.20.030(22))
Passive heating and cooling opportunities should be incorporated
in all developments in the following manner:
A. Future
structures should be oriented to maximize solar access opportunities.
B. Streets,
lot sizes, and lot configurations should be designed to maximize the
number of structures oriented so that the south wall and roof area
face within 45 degrees of due south.
C. The
proposed lot size and configuration should permit structures to receive
cooling benefits from both prevailing breezes and existing and proposed
shading.
D. Any
pool or spa facilities owned and maintained by a homeowners association
should be equipped with a solar cover and solar water heating system.
E. No
structure (building, wall or fence) shall be constructed or vegetation
placed so as to obstruct solar access on an adjoining parcel.
F. Roof-mounted
solar collectors shall be placed in the most obscure location without
reducing the operating efficiency of the collectors. Wall-mounted
and ground-mounted collectors shall be screened from public view.
G. Roof-mounted
collectors shall be installed at the same angle or as close as possible
to the pitch of the roof.
H. Appurtenant
equipment, particularly plumbing and related fixtures, shall be installed
in the attic.
I. Exterior
surfaces of the collectors and related equipment shall have a matte
finish and shall be color coordinated to harmonize with roof materials
or other dominated colors of the structure.
(Prior code § 159.20.030(23))
A. There
shall be no visible storage of motor vehicles, trailers, airplanes,
boats, or their composite parts; loose rubbish, garbage, junk, or
their receptacles; tents; or building or manufacturing materials in
any portion of a lot, except as allowed under the provisions of this
Zoning Ordinance. No storage shall occur on any vacant parcel.
B. No
vehicles may be stored or displayed for sale on any vacant lot or
at any vacant business location.
C. Building
materials for use on the same premises may be stored on the parcel
during the time that a valid building permit is in effect for construction.
(Prior code § 159.20.030(24))
No use may operate that utilized toxic substances or produces toxic waste without the approval of a Conditional Use Permit pursuant to the provisions of Chapter
17.76 (Conditional Use Permits). Prior to consideration of a Conditional Use Permit, the operator must prepare a toxic substance and waste management plan which will provide for the safe use and disposal of these substances.
(Prior code § 159.20.030(25))
Utilities shall be placed underground pursuant to Section
16.04.110. In the event an above-ground electrical transformer is located outdoors on any site, it shall be screened from view with a solid wall and landscaping and not located in any setback area. If it cannot be screened, it shall be located in an underground vault. Exceptions to the undergrounding of utilities requirements are as follows:
A. Transformers,
pedestal-mounted terminal boxes, meter cabinets and concealed ducts
may be placed above ground, if they are used solely in connection
with the underground transmission or distribution lines.
B. Poles
supporting street lights, and the electrical lines within the poles,
may be situated above the surface of the ground.
C. The
City Council may waive any requirement of this section if topographical,
soil or similar physical conditions make such underground installation
unreasonable or impractical.
D. Any
parcel map with a maximum of 4 residential parcels, no parcel of which
has previously been exempted from this section; and where at least
50% of the surrounding area within a radius of 500 feet has been previously
developed without undergrounding utilities.
E. That
portion of a previously developed nonresidential parcel map.
F. The
requirement to underground shall apply to all utility lines traversing
a subdivision, or installed along either side of the streets and alleys
adjoining the subdivision, except for electrical lines of 33 kVA or
more. Where 1 line is exempt, all parcel lines on that same pole shall
be exempt.
G. Any
single lot development on an R-E, R-L-1 and R-L-2 designated parcel;
or any single lot development of 1 net acre or less in any land use
district, may be exempted from this requirement. This exemption shall
not apply where the requirement to underground utilities is imposed
as a condition of approval of a subdivision map.
H. The
remodeling of existing structures where the cost of remodeling is
less than 50% of the replacement cost of the existing structure as
determined for building permit fees shall be exempt.
(Prior code § 159.20.030(26))
No vibration associated with any use shall be permitted which
is discernible beyond the boundary line of the property.
(Prior code § 159.20.030(27))