(a) 
The provisions of this chapter shall apply to residential, institutional, commercial and industrial land uses.
(b) 
Performance standards are designed to mitigate the environmental impacts of existing and proposed land uses within a community. Environmental impacts include noise, air quality, glare, heat, and waste disposal and runoff control. Performance standards protect the health and safety of workers, nearby residents, and businesses and prevent damaging effects to surrounding properties.
(Ord. 253 § 14, 2006)
(a) 
Noise measurement. Noise will be measured with a sound level meter which meets the standards of the American National Standards Institute (ANSI Section SI4-1979, Type 1 or Type 2). Noise levels shall be measured using the “A” weighted sound pressure level scale in decibels (ref. pressure = 20 micronewtons per meter squared). The unit of measure shall be designated as dB(A). The Director of the Community Development Department shall be the noise control officer.
(b) 
Noise standards.
(1) 
The following table describes the noise standard for emanations from any source as it affects adjacent properties.
Noise Standards Affected Land Use (receiving noise)
Noise Level (Ldn)
Time Period
Residential
55 dBA
7am to 10pm
55 dBA
10pm to 7am
Professional Services
55 dBA
Anytime
Other Commercial Industrial
60 dBA
Anytime
70 dBA
Anytime
(2) 
No person shall operate or cause to be operated any source of sound at any location or allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person which causes the noise level, when measured on any other property, either incorporated or unincorporated, to exceed any of the following levels.
(A) 
The noise standard for that receiving land use [as specified in subsection (b) (1) of this section] for a cumulative period of more than 30 minutes in any hour.
(B) 
The noise standard plus 5 dBA for a cumulative period of more than five minutes in any hour.
(C) 
The noise standard plus 10 dBA for a cumulative period of more than five minutes in any hour.
(D) 
The noise standard plus 15 dBA for a cumulative period of more than one minute in any hour.
(E) 
The noise standard plus 20 dBA for any period of time.
(c) 
If the measured ambient level exceeds any of the first four noise limit categories above, the allowable noise exposure standard shall be increased to reflect said ambient noise level. If the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under this category shall be increased to reflect the maximum ambient noise level.
(d) 
If the alleged offense consists entirely of impact noise or simple tone noise, each of the noise levels in subsection (b)(1) of this section shall be reduced by 5 dBA.
(e) 
Exempt noises.
(1) 
The following sources of noise are exempt.
(A) 
Motor vehicles not under the control of the industrial use.
(B) 
Emergency equipment, vehicles, and devices.
(C) 
Temporary construction, repair, or demolition activities between 7am and 7pm, except Sundays and Federal holidays.
(a) 
Vibration standard. No ground vibration shall be allowed which can be felt without the aid of instruments at or beyond the lot line, nor will any vibration be permitted which produces a particle velocity greater than or equal to two-tenths (0.2) inches per second measured at or beyond the lot line.
(b) 
Vibration measurement. Vibration velocity shall be measured with a seismograph or other instrument capable of measuring and recording displacement and frequency, particle velocity, or acceleration. Readings are to be made at points of maximum vibration along any lot line next to a lot within a residential, commercial, and industrial land use district.
(c) 
Exempt vibrations.
(1) 
The following sources of vibration are not regulated by this Code.
(A) 
Motor vehicles not under the control of the subject use.
(B) 
Temporary construction, maintenance, or demolition activities between 7am and 7pm, except Sundays and Federal holidays.
(a) 
All required permits shall be obtained for equipment that may cause air pollution. Before such equipment may be constructed, plans and specifications must be submitted for approval. After completion of construction, the equipment will be evaluated for a “Permit to Operate” and the installation inspected and tested. Plants must be reviewed annually and whenever there is a change of ownership, the equipment is rented, changes are made, or the equipment is relocated.
(b) 
Detailed rules for air containment emissions apply to, among others, hydrocarbons, oxides of nitrogen, sulfur dioxide, total suspended particulate (including fugitive dust), carbon monoxide, smoke, odor, combustion, containments, sulfur content of fuels, use of solvents, storage of organic liquids, and special regulations for certain industrial processes and equipment.
(c) 
The Ringleman Chart, published by the United States Bureau of Mines, shall be the basic measure for the density of smoke or other visible emissions. Emissions as dark or darker than Ringleman No. 1 shall not be allowed for periods of or aggregating to more than three minutes in any one hour.
(a) 
Glare levels shall be measured with a photoelectric photometer, following the standard spectral luminous efficiency curve adopted by the International Commission on Illumination.
(b) 
Any activity producing glare in a Community Industrial or Regional Industrial District shall be carried on so that direct or indirect light from the source shall not cause glare above point five-tenths (0.5) foot candles when measured in a Residential District or lot.
Land uses in industrial districts shall not emit heat which would cause a temperature increase on any adjacent property in excess of 10 degrees Fahrenheit, whether the change is in the air, on the ground, or in any structure.
No activity or land use shall cause electrical disturbance that adversely affects persons or the operation of any equipment across lot lines and is not in conformance with the regulations of the Federal Communications Commission.
This section establishes standards for storage of solid materials susceptible to fire hazards and flammable liquids and gases.
(a) 
Combustible solids. Land uses which include the storage of solid materials susceptible to fire hazards shall be subject to the following storage standards when established within the following Land Use Districts.
(1) 
Regional Industrial (IR) Land Use District.
(A) 
Inside storage. A building utilized for the storage, use, or manufacture of flammable solid materials shall be no less than 40 feet from any lot line and any other on-site buildings or shall adhere to standards specified in Section 87.0935(a)(2) below.
(B) 
Outside storage. Outdoor storage of flammable solid materials shall be no less than 50 feet from any lot line and any other on-site buildings.
(2) 
All other manufacturing or industrial uses legally established within any other land use district. The storage, use, or manufacture of highly flammable solid materials shall be done in enclosed spaces having fire resistance of no less than two hours and protected with an automatic fire extinguishing system.
(b) 
Flammable liquids and gases. Land uses which involve the storage of flammable liquids and gases shall be subject to the following storage standards when established within the following land use districts.
(1) 
Storage capacity. The total storage capacity of flammable liquids and gases on any lot shall not exceed the following quantities and setbacks.
 
Land Use District
Max. Capacity
A.
Liquids
Regional Industrial District (IR) All other manufacturing 60,000 gallons or industrial uses legally established within any other
120,000 gallons
B.
Liquefied Petroleum Gas (LPG)
All manufacturing or industrial uses established in any land use district
Per S.B. County Code, Title 2, Division 3
All commercial uses legally established in any land use district
15,000 gallons per 20,000 gallons maximum aggregate total
All agricultural uses legally established in any land use district
15,000 gallons per and aggregate total
C.
Gases, other than LPG
Regional Industrial District (IR)
300,000 SCF* above ground
600,000 SCF* below ground
All other manufacturing or industrial uses legally established within any other land use district
150,000 SCF* above ground 300,000 SCF* below ground
Notes:
*SCF refers to Standard Cubic Feet at 60 degrees Fahrenheit and 29.92 inches Hg.
(2) 
The San Bernardino County Code Title 2, Division 3, shall establish setback requirements for flammable liquids and gases.
(c) 
LPG siting requirements. The following standards shall apply to the installation and maintenance of liquefied petroleum gas (LPG) storage and distribution facilities for commercial, agricultural, manufacturing, or industrial uses in applicable land use districts allowing such uses. The County Code Title 2, Division 3, shall establish such standards for residential uses and residential land use districts.
(1) 
Requirement for Conditional Use Permit. All LPG storage and distribution facilities, except those for residential uses, shall be subject to a Conditional Use Permit and subject to this section. In the event of any conflict between the provisions of this section and the provisions of any land use district, including the requirement for Conditional Use Permit, the provisions of this section shall prevail and control.
(A) 
The Planning Agency shall notify the applicable local fire authority of any Conditional Use Permit request to establish an LPG storage and distribution facility.
(B) 
The applicable local fire authority shall provide an analysis and report to the Planning Agency in accordance with the County Code Title 2, Division 3. This report shall address the following issues, as well as any other relevant issues.
(I) 
Topographical Conditions.
(II) 
Nature of Occupancy.
(III) 
Proximity to Buildings.
(IV) 
Capacity of Proposed Tanks.
(V) 
Degree of Private Fire Protection.
(VI) 
Local Fire Protection Facilities.
(VII) 
Exposure to or from Other Properties.
(VIII) 
Water Supply.
(IX) 
Effectiveness of Plan Fire Brigade.
(X) 
Time of Response.
(XI) 
Probable Effectiveness of Fire Department.
(XII) 
Access Roads (all-weather surface)
(C) 
The applicable local fire authority shall provide the Planning Agency with recommendations of conditions of approval based upon the required analysis report and any health or safety conditions independently imposed by the applicable local fire authority.
(D) 
The Planning Agency shall impose as one of the conditions of approval for such uses the requirement that a Special Use Permit for the operation, siting, and maintenance of an LPG storage and distribution facility be obtained and shall be made subject to the following.
(I) 
The City Planner shall designate the applicable local fire authority as the reviewing authority for such Special Use Permits.
(II) 
The Special Use Permit shall be issued for time periods not to exceed two years between the review and renewal of such a permit.
(III) 
Prior to issuance or renewal of such a Special Use Permit, the applicable local fire authority shall review the LPG storage and distribution facilities to determine compliance with the conditions of approval imposed by the Conditional Use Permit and/or Special Use Permit for such use. Also, the need for any additional conditions of approval shall be evaluated, including any needs caused by the development or change of use of the subject property or surrounding properties. Among the considerations of such a periodic review shall be the need for additional protective measures as surrounding areas develop.
(E) 
The Planning Agency shall not approve such requested Conditional Use Permits unless the applicable local fire authority has recommended such approval along with the conditions and requirements necessary to allow such a use.
(F) 
The Planning Agency shall not waive or significantly modify any such condition of approval unless recommended by the applicable local fire authority.
(2) 
Fire protection requirements for all parcels.
(A) 
Setbacks for LPG storage and distribution facilities from structures and property lines shall be those specified by the San Bernardino County Code Title 2, Division 3.
(B) 
LPG storage tanks shall be centrally located on the parcel to the satisfaction of the local fire authority.
(3) 
Additional fire protection requirements for parcels which have no more than one occupied structure which is less than 5,000 square feet in size and where the water system provides substandard flows per ISO Standards for structure protection are as follows.
(A) 
Where parcel size is 10 acres or more, fire flow shall be calculated for exposures only, in accordance with the County Code Title 2, Division 3.
(B) 
Where parcel size is at least five acres, but less than 10 acres, the following standards shall apply.
(I) 
A one-hour approved protective coating shall be applied to the LPG storage tank.
(II) 
Fire flow shall be calculated for exposures only, in accordance with the County Code Title 2, Division 3.
(C) 
Where parcel size is at least 2.5 acres, but less than five acres, the following standards shall apply.
(I) 
A two-hour approved protective coating shall be applied to the tank.
(II) 
Fire flow shall be calculated for exposures only, in accordance with the County Code Title 2, Division 3.
(4) 
Additional fire protection requirements for any parcel with adequate fire flow available per ISO Standards.
(A) 
Fire hydrant(s) shall serve the parcel in accordance with the County Code Title 2, Division 3.
(B) 
Fire flow shall provide for exposure protection (ISO Calculation) and LPG storage tank protection/suppression. Sprinklers shall use calculations as adopted by County Code Title 2, Division 3; hoselines shall use the formula GPM = five times the square root of the tank capacity.
(C) 
Additional protection.
(I) 
Where the local fire authority determines that water can be applied to the tank or exposures by the fire authority in required amounts in eight minutes or less, no additional protection shall be required.
(II) 
Where the local fire authority determines that water cannot be applied to the tank or exposures by the fire authority in required amounts in eight minutes or less, one of the following protection measures shall be required.
(i) 
A one-hour approved protective coating shall be applied to the LPG storage tank.
(ii) 
A fixed spray water system shall be installed as approved by the fire department.
(5) 
Additional fire protection requirements for any parcel not included in either 87.0935 (c) (3) and (4).
(A) 
Either a one-hour or more protective coating shall be applied to the LPG storage tank, as required by the fire authority, or a fixed spray water system shall be installed in lieu of coating the tank.
(B) 
Fire flow shall be calculated for exposure only, in accordance with the San Bernardino Code Title 2, Division 3.
(a) 
Liquid waste disposal and runoff control. Land uses shall operate within the guidelines of the Regional Water Quality Control Board in the particular region that serves that location. Disposal of liquid waste must meet applicable guidelines of the Community Development Department and the Office of Building and Safety. Disposal of waste shall comply with County Code, Division 1, Chapter 2, Section 31.023; Division 3, Chapter 3, Sections 33.031 - 33.0314; Chapter 4, Sections 33.041 - 33.0413; Chapter 5, Sections 33.051 - 33.059; Chapter 6, Sections 33.061 - 33.0614; and Chapter 7, Sections 33.071 - 33.0717.
(b) 
Hazardous waste. Hazardous waste handling, transportation, recovery, and disposal shall be regulated according to Federal Resource Conservation and Recovery Act, 1976; California Water Code, Division 7, Chapter 5; California Health and Safety Code (Division 20, Chapter 6.5, Hazardous Waste Control, Sections 25100 - 25240); California Administrative Code (Title 22, Division 4, Chapter 30, Environmental Health) and the City of Yucaipa Hazardous Waste Management Plan.
(c) 
Solid waste disposal. Solid waste disposal shall be regulated as per City Ordinance No. 119 and California Government Code, Title 7.3, which relates to solid waste management. Also involved is Federal Resource Conservation and Recovery Act of 1976, P.L. 94-580, which provides minimum standards and regulations for solid waste and hazardous waste management and recovery (recycling). The Public Works Director shall be the enforcement agent.