The purpose of this chapter is to:
A. 
Establish permissible limits and permit objective measurement of nuisances, hazards, and objectionable conditions;
B. 
Minimize various potential operational impacts of land uses and development within the City and promote compatibility with adjoining areas and land uses; and
C. 
Affirm City requirements for construction and demolition waste management as they apply to new development.
(Ord. 20-03 § 6)
The minimum requirements in this chapter apply to all new and existing land uses in all zoning districts, including permanent and temporary uses, unless otherwise specified.
(Ord. 20-03 § 6)
Land or structures shall not be used or occupied in a manner creating any dangerous, injurious, or noxious conditions, chemical fires, explosive, or other hazards that could adversely affect the surrounding area.
(Ord. 20-03 § 6)
A. 
Compliance. Sources of air pollution must comply with rules identified by the U.S. Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, and the Santa Barbara County Air Pollution Control District (APCD).
B. 
APCD Permits. Applicants are responsible for obtaining any and all permits from APCD prior to issuance of final permits by the City.
C. 
Highway Buffer. When development that includes a sensitive receptor is proposed within 500 feet of U.S. Highway 101, an analysis of mobile source emissions and associated health risks shall be required. Such developments shall be required to provide an adequate setback as determined by the Review Authority, from the highway and, if necessary, identify design mitigation measures to reduce health risks to acceptable levels.
(Ord. 20-03 § 6)
A. 
Discharges to Water or Sewers. Liquids and solids of any kind must not be discharged, whether directly or indirectly, into a public or private body of water, sewage system, waterway, or into the ground, except in compliance with applicable regulations of the Regional Water Quality Control Board (RWQCB).
B. 
Solid Wastes. Solid wastes must be handled and stored so as to prevent nuisances, health, safety, and fire hazards, and to facilitate recycling. There can be no accumulation outdoors of solid wastes conducive to the breeding of rodents or insects, unless stored in closed containers.
(Ord. 20-03 § 6)
The use, handling, storage, and transportation of hazardous and extremely hazardous materials must comply with the provisions of the California Hazardous Materials Regulations and the California Fire and Building Code, as well as the laws and regulations of the California Department of Toxic Substances Control, the Santa Barbara County Fire Department (County Fire), and the Santa Barbara County Office of Emergency Management.
A. 
Risk Exposure. The City will not allow any use that would expose existing residential or commercial development to significant risk.
B. 
Hazard Assessment Required. All new uses with hazardous materials and any proposed substantial increase in intensity of use with existing hazardous materials must submit a hazard assessment to the City. The hazard assessment must identify the risks posed by the new or expanded use and the geographical extent of significant risk and be approved by County Fire.
C. 
Contaminated Land.
1. 
Before development of a site identified as having been used for the storage of hazardous materials or activities involving the use of hazardous materials, the developer must submit documentation to the City sufficient to demonstrate that:
a. 
Testing has been conducted as required to determine the existence and extent of soil and/or groundwater contamination and either:
i. 
Based on the results of the testing, an appropriate clean-up program is not needed; or
ii. 
An appropriate Soil Management and Safety Plan consistent with subsection (C)(3) below has been developed.
2. 
No development is permitted on land determined to contain actionable contamination until financial responsibility has been accepted for any required remediation. The posting of a bond or other surety in an amount and form acceptable to the Review Authority is required.
3. 
Where required, a site-specific Soil Management and Safety Plan must be developed and submitted as part of the project application. The Plan must, at a minimum:
a. 
Identify and document the extent of contamination;
b. 
Characterize contaminated soil and/or groundwater;
c. 
Identify appropriate personal protective equipment to minimize potential worker exposure to hazards; and
d. 
Provide remediation procedures for contaminated material including, as warranted:
i. 
Interim storage on site.
ii. 
Transportation procedures.
iii. 
Final disposal location.
D. 
Applicant Responsibilities. Development that will involve the generation, use, transportation, and/or storage of hazardous materials must comply with the following requirements:
1. 
The use, storage, transportation, and disposal of hazardous materials, including underground or above-ground storage tanks, must comply with RWQCB requirements and must ensure that the use, storage, transportation, and disposal of hazardous materials does not result in hazardous discharge or runoff; and
2. 
Hazardous materials or wastes stored in closed containers at a facility must be set back a minimum of 50 feet from all property lines.
(Ord. 20-03 § 6)
A. 
Noise Limits. Noise and land use compatibility criteria specified in Table 17.39.070(A) below apply to all new development and conditions of approval may be imposed to minimize or eliminate incompatibilities.
1. 
Proposals for new development that would cause standards to exceed the Clearly Unacceptable noise exposure for any use may only be approved if the project would provide a substantial benefit to the City.
2. 
These compatibility criteria also may justify denial of an application if a proposed use or adjacent use would be exposed to Clearly Unacceptable noise exposure, as defined in the table.
TABLE 17.39.070(A): NOISE AND LAND USE COMPATIBILITY CRITERIA
Land Use Category
Community Exposure (Ldn or CNEL, dBA)
Normally Acceptable1
Conditionally Acceptable2
Normally Unacceptable3
Clearly Unacceptable4
Residential—Single Unit
50-60
60-65
65-75
75+
Residential—Multiple Unit
50-60
60-65
65-75
75+
Other Residential Uses
50-60
60-65
65-80
80+
Auditoriums, Concert Halls, and Amphitheaters
N/A
50-65
N/A
65+
Park and Recreation Facilities
50-70
N/A
70-75
75+
Other Public/Quasi-Public Uses
50-60
60-65
65-80
80+
Sports Arenas and Outdoor Spectator Sports
N/A
50-70
N/A
70+
Golf Courses, Riding Stables, Water Recreation, and Cemeteries
50-70
N/A
70-80
80+
Lodging
50-65
65-70
70-80
80+
Other Commercial Uses
50-67.5
67.5-75
75+
N/A
Industrial, Transportation, Communication, and Utility, and Agricultural Uses
50-70
70-75
75+
N/A
Notes:
1
Normally Acceptable: Specified land use is satisfactory, based upon the assumption that any buildings involved are of normal conventional construction, without special noise-insulation requirements.
2
Conditionally Acceptable: New construction or development may be undertaken only after detailed analysis of the noise reduction requirements is made and needed noise-insulation features are included in the design. Conventional construction, but with closed windows and fresh air supply systems or air conditioning, will normally suffice.
3
Normally Unacceptable: New construction or development is discouraged. If new construction or development does proceed, a detailed analysis of the noise reduction requirements must be made and needed noise insulation features must be included in the design. See Section 17.39.070(D), Acoustical Study.
4
Clearly Unacceptable: New construction or development must generally not be undertaken.
5
N/A: Not applicable.
B. 
Adjustments to Noise Exposure Limits. The maximum “Normally Unacceptable” or “Clearly Unacceptable” noise levels of Table 17.39.070(A), may be adjusted according to the following provisions. No more than one increase in the maximum permissible noise level will be applied to the noise generated on each property.
1. 
Nuisance Noise. If a noise contains a steady audible tone (i.e., hum or buzz), rises or falls in pitch or volume (i.e., whine or screech), or is a repetitive noise (i.e., hammering or riveting) or contains music or speech conveying informational content, the maximum noise levels will be reduced by five dBA.
C. 
Short Duration Noise. In addition to the durational noise standards above, the following standards apply to episodic noise affecting Residential Uses:
1. 
Noise that is produced for no more than a cumulative period of five minutes in any hour must not exceed 80 dBA; and
2. 
Noise that is produced for no more than a cumulative period of one minute in any hour must not exceed 85 dBA.
D. 
Acoustical Study. The Review Authority may require an acoustical study that includes field measurement of noise levels for any proposed project that would impact or be impacted by noise levels at the Conditionally Acceptable level.
1. 
Acoustical studies must identify noise sources, magnitudes, and potential noise attenuation measures, and describe existing and future noise exposure.
2. 
All costs of the acoustical study and any peer review are borne by the applicant.
E. 
Noise Attenuation Measures. Any project subject to the acoustic study requirements of subsection D, above, must incorporate noise attenuation features deemed necessary to ensure that noise standards are not exceeded.
1. 
Where any portion of a site proposed for a new residential use exceeds 60 dBA CNEL, noise-attenuation features to achieve and maintain an interior noise level of 45 dBA CNEL must be included.
F. 
Exemptions. The following are exempt from the provisions of this section:
1. 
Emergencies. The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work;
2. 
Warning Devices. Warning devices necessary for the protection of the public safety, such as police, fire, and ambulance sirens;
3. 
Special Events. Occasional outdoor gatherings, public dances, shows, and sporting and entertainment events, provided that such events are conducted pursuant to a permit or license issued by the City;
4. 
Municipal Solid Waste Collection. Collection of solid waste, vegetative waste, and recyclable materials by the City or under contract with the City; and
5. 
Public Works Construction Projects, Maintenance, and Repair. Street, utility, and similar construction projects undertaken by or under contract to or direction of the City, or the State of California or a public utility regulated by the California Public Utilities Commission, as well as maintenance and repair operations conducted by such parties.
G. 
Construction Hours. Construction-related noise-generating activities are subject to the following:
1. 
Limitation on Hours.
a. 
Noise-generating construction activities within 1,600 feet of sensitive receptors are limited to Monday through Friday, 8:00 a.m. to 5:00 p.m.
b. 
Noise-generating construction activities not within 1,600 feet of sensitive receptors are limited to Monday through Friday, 7:00 a.m. to 4:00 p.m.
c. 
Exceptions to these restrictions for on-site work may be made for good cause at the sole discretion of the Director. Exceptions to these restrictions may be made for good cause at the sole discretion of the Public Works Director or designee, for work in the City right-of-way.
2. 
Holidays. No noise-generating construction activities may occur on State holidays.
3. 
Construction Hours. Construction hours of operation must be posted on site near the entrance of the development site.
(Ord. 20-03 § 6; Ord. 22-06 § 4)