The purpose of this chapter is to establish uniform performance standards for development within the City that promote compatibility with surrounding areas and land uses.
(Ord. 24-13, 10/1/2024)
The provisions of this chapter apply to all new and existing uses in all zones. Uses of the land that existed on the effective date of this chapter shall not be altered or modified so as to conflict with, or further conflict with, these standards. If requested by the Director or the review authority, applicants shall provide evidence to the Director that the proposed development is in compliance with the standards in this chapter and other applicable standards in this Development Code before the issuance of a building permit or business license.
(Ord. 24-13, 10/1/2024)
A. 
Discharge prohibited. The operation of any structure or use shall not directly or indirectly discharge air contaminants (e.g., carbon, dust, fumes, gases, mist, noxious acids, odors, particulate matter, smoke, soot, sulfur compounds, etc.) into the atmosphere that exceed any local, state, or federal air quality standards or that might be obnoxious or offensive to anyone residing or conducting business either on-site or abutting the site.
B. 
Compliance with rules and regulations. Stationary sources of air pollution shall comply with the requirements of the most recent Air Quality Management Plan and any rules identified by the California Environmental Protection Agency (EPA), the California Air Resources Board (ARB), and the South Coast Air Quality Management District (SCAQMD).
C. 
SCAQMD permit filing requirements. If requested by the Director, operators of uses, activities, or processes that require SCAQMD approval to operate shall file a copy of the permit with the Department within 30 days of approval by the SCAQMD.
D. 
Sensitive land uses. The proximity of proposed sensitive land uses to significant air pollution sources shall be considered in the siting of a new sensitive land use. When a sensitive land use is proposed within 500 feet of an existing or planned significant air pollution source, a health risk assessment shall be prepared by a qualified consultant, as determined by the Director to assess the adverse health effects caused by exposure to toxic air pollutants. For the purposes of this section, sensitive land uses and significant air pollution sources are listed in Table 3-1 (Significant Pollution Sources and Sensitive Land Use Types) or as determined by the Director.
Table 3-1
Significant Pollution Sources and Sensitive Land Use Types
Significant Air Pollution Sources
Freeways, Highways, Limited Access Highways
Distribution Centers (Warehouses, Logistics)
Dry Cleaners Using Perchloethylene
Gasoline Dispensing Facilities (Service Stations)
Sensitive Land Use
Residential Communities
Schools, Day Care Centers
Hospitals, Nursing Homes
Parks, Playgrounds
E. 
Other performance standards. Other land use-based air quality-specific performance standards that a review authority may impose include the following:
1. 
Placing a process vent away from the direction of the local playground that is nearby or increasing the stack height so that emissions are dispersed to reduce the emissions impact on surrounding homes or schools.
2. 
Limiting the hours of operation of a facility to avoid excess emissions exposure or foul odors to nearby individuals.
3. 
Requiring fleet operators to use cleaner vehicles before project approval (if a new business), or when expanding the fleet (if an existing business); and
4. 
Providing alternate routes for truck operations that discourage detours into residential neighborhoods.
F. 
Dust control measures. See Section 17.520.040 (Soil Conservation) for provisions related to dust control.
(Ord. 24-13, 10/1/2024)
Uses, activities, and processes shall be conducted so as not to produce electric or magnetic fields that adversely affect public health, safety, and welfare including interference with normal radio, telephone, or television reception from off the premises where the activity is conducted, except for amateur radio operations that comply with Federal Communication Commission regulations. Existing or proposed uses that generate electrical disturbances that may be considered hazardous or a nuisance shall be shielded, contained, or modified to prevent any disturbances. Operators of these uses shall comply with all applicable Federal Communications Commission regulations. For regulations of wireless telecommunication facilities, see Section 17.430.370 (Wireless Telecommunication Facilities).
(Ord. 24-13, 10/1/2024)
A. 
Structural fire hazards. The use, handling, storage, and transportation of combustibles and explosives shall comply with the California Fire Code and California Code of Regulations, Title 19 (Public Safety).
B. 
Wildland fire hazards. A fire management plan shall be prepared for all development located in or adjacent to wildfire prone areas (i.e., naturally vegetated hillsides). The fire management plan shall be subject to the review and approval of the Fire Chief. The Fire Chief may require fire protection measures (e.g., landscape or open space buffers), maintenance programs for weed and vegetation abatement, installation of fire resistant plants, and the use of noncombustible building materials, including roofing.
(Ord. 24-13, 10/1/2024)
For projects that involve ground disturbing activities on native soil, prior to the issuance of a grading permit, the developer shall enter a treatment and disposition agreement (TDA), or alternative approved by the City and Soboba, with the Soboba Band of Luiseño Indians to address treatment and disposition of archaeological/cultural resources and human remains associated with Soboba Band of Luiseno Indians that may be uncovered or otherwise discovered during construction of the project. The TDA may establish provisions for tribal monitors. Following execution of the TDA by the developer and Soboba Band of Luiseno Indians, the TDA will be incorporated by reference into the grading permit.
(Ord. 24-13, 10/1/2024)
Noise emanating from any site or use shall comply with the noise standards contained in Municipal Code Chapter 8.40 (Noise) and in the Noise Element of the General Plan.
(Ord. 24-13, 10/1/2024)
Sources of odorous emissions shall comply with the rules and regulations of the South Coast Air Quality Management District (SCAQMD) and the California Health and Safety Code. Noxious odorous emissions in a matter or quantity that is detrimental to or that endangers the public health, safety, comfort, or welfare is declared to be a public nuisance and unlawful, and shall be modified to prevent further emissions release, except for agricultural operations that are in compliance with Section 17.305.040 (Agricultural Preservation – Right to farm).
(Ord. 24-13, 10/1/2024)
Light or glare from exterior lights, mechanical or chemical processes, or from reflective materials used or stored on a site shall be shielded or modified to prevent emission of light or glare beyond the property line, or upward into the sky. See Figure 3-1 (Outdoor Light and Glare).
A. 
Exterior lights shall be located so as to eliminate spillover illumination or glare onto adjoining properties and to prohibit any interference with the normal operation or enjoyment of adjacent property.
B. 
Exterior lights shall be made up of a light source, reflector, and shielding devices so that, acting together, the light beam is controlled and not directed across a property line or upward into the sky. Bare bulbs shall not be allowed.
C. 
Lighting fixtures used to illuminate an outdoor advertising display shall be mounted on the top of the advertising structure and be directed downward.
D. 
Exterior light fixtures existing and legally installed prior to the effective date of this Development Code are exempt from the requirements of this section. When existing luminaries are reconstructed or replaced, the reconstruction or replacement shall comply with this section.
E. 
Lights used for temporary holiday decorations are exempt from the requirements of this section.
F. 
Portable temporary lighting used by law enforcement or emergency services personnel to protect life or property, are exempt from the requirements of this section.
G. 
For lighting standards for parking areas, see Section 17.330.080 (Parking Design and Development Standards).
Figure 3-1
Outdoor Light and Glare
(Ord. 24-13, 10/1/2024)
Properties shall be properly maintained in compliance with the following provisions:
A. 
Municipal Code Chapter 8.44 (Nuisances);
B. 
Municipal Code Chapter 8.60 (Abandoned Residential Property Registration); and
C. 
Municipal Code Section 9.12.060 (Graffiti abatement–A condition to issuance of city permits and approval).
D. 
Municipal Code Chapter 17.325 (Water Efficient Landscape and Irrigation).
(Ord. 24-13, 10/1/2024)
Uses, activities, and processes that generate vibrations that may be considered a nuisance or hazard on any adjacent property shall be cushioned or isolated to prevent generation of vibrations. Uses shall be operated in compliance with the following provisions:
A. 
Uses shall not generate ground vibration that is perceptible without instruments by the average person at any point along or beyond the property line of the parcel containing the activities;
B. 
Uses shall not generate vibrations that cause discomfort or annoyance to reasonable persons of normal sensitivity or which endangers the comfort, repose, health or peace of residents whose property abuts the property lines of the parcel;
C. 
Uses shall not generate ground vibration that interferes with the operations of equipment and facilities on adjoining parcels; and
D. 
Vibrations from temporary construction/demolition equipment and vehicles that leave the subject parcel (e.g., trucks, trains, etc.) are exempt from the provisions of this section.
(Ord. 24-13, 10/1/2024)
An applicant for a proposed nonresidential project that will involve the generation, use, transportation, or storage of hazardous substances shall comply with the requirements of the County of Riverside Department of Environmental Health, which enforces the provisions of the Hazardous Waste Control Law (Health and Safety Code Section 25100 et seq.). The City's land use permit application for the project shall include detailed information on hazardous waste reduction, recycling, transportation, and storage, and a plan for emergency response to a release or threatened release of a hazardous material.
(Ord. 24-13, 10/1/2024)
No liquids of any kind shall be discharged into a public or private sewage or drainage system, watercourse, body of water, or into the ground, except in compliance with the following:
A. 
The Porter-Cologne Water Quality Control Act (Water Code Section 13000 et seq.);
B. 
Applicable regulations of the California Regional Water Quality Control Board (RWQCB) [California Code of Regulations, Title 23 (Waters), Division 3 (State Water Resources Control Board and Regional Water Quality Control Boards]; and
C. 
Municipal Code Chapter 13.44 (Storm Water Management).
(Ord. 24-13, 10/1/2024)