Claremont City Zoning Code
CHAPTER 16
154 ENVIRONMENTAL PROTECTIVE STANDARDS
§ 16.154.000 Intent.
It is the intent of this chapter to protect properties and persons from environmental nuisances and hazards, and to set maximum tolerability limits on adverse environmental effects created by any use or development of land.
(08-05)
§ 16.154.010 Applicability.
These standards shall apply to all uses and development of privately-owned land.
(08-05)
§ 16.154.020 Noise and vibration standards.
A.
Declaration of Policy
In order to control unnecessary, excessive, and annoying noise and vibration in the City of Claremont, it is hereby declared to be the policy of the City to prohibit such noise and vibration generated from or by all sources as specified in this section.
B.
Decibel Measurement Criteria
Any decibel measurement made pursuant to the provisions of this section shall be based on a reference sound pressure of 20 micro-pascals as measured with a sound level meter using the "A" weighted network (scale) at slow response.
C.
Designated Noise Zones
The properties hereafter described are hereby assigned the following noise zones:
NOISE ZONE I: All single, double and multiple family residential properties.
NOISE ZONE II: All commercial properties.
NOISE ZONE III: All manufacturing or industrial properties.
D.
Exterior Noise Standards
1.
The Base Noise Level is the ambient noise level or the Ambient Base Noise Level, whichever is higher. The Ambient Base Noise Levels are as follows:
Noise Zone | Maximum Allowable Type of Land Use | Time Interval | Exterior Noise Level |
|---|---|---|---|
I | Single, double or multiple family residential (RS, HC, RR, AV, H or RM) | 10:00 p.m. to 7:00 a.m. | 55 |
7:00 a.m. to 10:00 p.m. | 60 | ||
II | Commercial (CP, CN, CL, CH, CV & CF) | 10:00 p.m. to 7:00 a.m. | 60 |
7:00 a.m. to 10:00 p.m. | 65 | ||
III | Industrial (B/IP) | Anytime | 70 |
Each of the noise limits above shall be reduced 5 dBA for noise consisting of impulse or simple tone noise.
2.
It shall be unlawful for any person at any location within the incorporated area of the City to create any noise or allow the creation of any noise on the property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level when measured on the property line of any other property to exceed the basic noise level as adjusted below:
Basic Noise Level for a cumulative period of more than 15 minutes in any one hour; or
Basic Noise Level plus 5 dBA for a cumulative period of more than 10 minutes in any one hour; or
Basic Noise Level plus 14 dBA for a cumulative period of more than 5 minutes in any one hour; or
Basic Noise Level plus 15 dBA at any time.
3.
If the measurement location is a boundary between two different noise zones, the lower noise level standard shall apply.
4.
If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be determined, the measured noise level obtained while the noise is in operation shall be compared directly to the allowable noise level standards as specified respective to the measurement location's designated land use and for the time of day the noise level is measured.
The reasonableness of temporarily discontinuing the noise generation by an intruding noise source shall be determined by the Director or his/her duly authorized deputy for the purpose of establishing the existing ambient noise level at the measurement location.
E.
Interior Noise Standards
1.
The interior Ambient Noise Level or the Ambient Base Noise Level is defined as:
Noise Zone | Type of Land Use | Time Interval | Allowable Interior Noise Level |
|---|---|---|---|
All | Residential | 10:00 p.m. to 7:00 a.m. | 37 dBA |
7:00 a.m. to 10:00 p.m. | 47 dBA |
Each of the noise limits specified above shall be reduced by 5 dBA for impulse or simple tone noise.
2.
It shall be unlawful for any person at any location within the incorporated area of the City to create any noise or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person which causes the noise level when measured within any other residential dwelling unit in any noise zone to exceed the Interior Basic Noise Standard in the manner described in Section 16.154.020.D.2.
3.
If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be determined, the same procedures specified in Section 16.154.020.D.2 shall be deemed proper to enforce the provisions of this section.
F.
Exemptions
The following activities shall be exempted from the provisions of this chapter:
1.
City approved and/or sponsored activities conducted at public parks, facilities, and/or playgrounds, and on public or private school or college grounds including, but not limited to, athletic and school entertainment events between the hours of 7:00 a.m. and 10:00 p.m.
2.
Occasional outdoor gatherings, dances, shows, and sporting and entertainment events provided said events are conducted pursuant to a permit or license issued by the City relative to the staging of said events.
3.
Any mechanical device, apparatus, or equipment used, related to or connected with emergency machinery, vehicle, work, or warning alarm or bell provided the sounding of any bell or alarm on any building or motor vehicle shall terminate its operation within 30 minutes in any hour of its being activated.
4.
Noise sources associated with or vibration created by construction, repair, remodeling or grading of any real property, or during authorized seismic surveys, provided:
a.
Activities take place between the hours of 7:00 a.m. and 8:00 p.m. weekdays and Saturdays, excluding national holidays; and
b.
Noise levels, as measured on residential properties, do not exceed 65 dBA for a cumulative period of more than 15 minutes in any one hour, 70 dBA for a cumulative period of more than 10 minutes in any one hour, 79 dBA for a cumulative period of more than 5 minutes in any one hour or 80 dBA at any time; and
c.
Any vibration created does not endanger the public health, welfare, and safety.
Only that construction, repair, remodeling and grading activity that does not exceed the noise levels set by Section 16.154.020.D may occur on Sundays and national holidays. |
5.
All mechanical devices, apparatus or equipment associated with agricultural operations provided:
a.
Operations take place between 7:00 a.m. and 8:00 p.m. weekdays and Saturdays, excluding national holidays, and operations do not take place on Sundays or national holidays, or
b.
Such operations and equipment are utilized for protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions, or
c.
Such operations and equipment are associated with agricultural pest control through pesticide application provided the application is made in accordance with permits issued by or regulations enforced by the California Department of Agriculture.
6.
Noise sources associated with the maintenance of real property provided said activities are approved by the Director and take place between the hours of 7:00 a.m. and 8:00 p.m. on any day except Sunday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday. Lawn mowers, edgers, and similar lawn and garden maintenance equipment shall be exempted only until January 1, 1980.
7.
Any activity to the extent regulation thereof has been preempted by state or federal law.
G.
Schools, Churches, Libraries, Health Care Facilities—Special Provisions
It shall be unlawful for any person to create any noise which causes the noise level at any school, hospital or similar health care institution, church, or library while the same is in use, to exceed the noise standard specified in Section 16.154.020.D prescribed for the assigned noise zone in which the school, hospital, church or library is located without the written consent of the affected institution.
H.
Special Provisions
1.
Air Conditioning and Refrigeration
Until January 1, 1980, the noise standards enumerated in Sections 16.154.020.D and 16.154.020.E shall be increased 5 dBA where the alleged intruding noise source is an air conditioning or refrigeration system or associated equipment which was installed prior to the effective date of the ordinance.
2.
Solicitors—Use of Loud Noise, etc., to Advertise Goods, etc.
No solicitor or any person on his or her behalf shall shout, cry out or use any device or instrument to make sounds for the purpose of advertising.
4.
Radios, Television Sets, Musical Instruments and Similar Devices
No person shall operate or permit the operation or playing of any device which reproduces, produces or amplifies sound, such as a radio, musical instrument, drum, phonograph, or sound amplifier, in such a manner as to create a noise disturbance:
5.
Loading and Unloading for Nonresidential Uses
No person shall cause the loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as to cause a noise disturbance across a residential real property boundary or within Noise Zone I.
6.
Vehicle Repairs and Testing
No person shall cause or permit the repairing, rebuilding, modifying, or testing of any motor vehicle, motorcycle, or motorboat in such a manner as to create a noise disturbance between the hours of 10:00 p.m. and 8:00 a.m. the following day across a residential real property boundary or within Noise Zone I.
7.
Airport and Aircraft Operations
a.
The Director shall consult the nearby airport proprietors to recommend changes in airport operations to minimize any noise disturbance which the airport owner may have authority to control in his or her capacity as proprietor.
b.
Nothing in this section shall be construed to prohibit, restrict, penalize, enjoin, or in any manner regulate the movement of aircraft which are in all respects conducted in accordance with, or pursuant to, applicable federal laws or regulations.
8.
Railroads
The City does hereby adopt all provisions of the Railroad Noise Emission Standards (CFR, Chapter 1, Part 20, 41FR2184, January 14, 1976) and shall enforce them as indicated therein.
9.
Motor Vehicles
(See Section 10.52.010 of the Claremont Municipal Code for special routing of vehicles in excess of 10,000 gvw.)
(See Section 10.48.010 of the Claremont Municipal Code for sections on speed control.)
The City does hereby adopt all provisions of the State Motor Vehicle Code pertaining to noise emissions including, not but limited to: Sections 23130, 23130.5, 27150.1, 27150.7, 27151, 27160, 27502, 27503, 38275, and 38280 and shall enforce them as indicated therein.
10.
Tampering
The following acts or the causing thereof are prohibited:
The removal or rendering inoperative by any person other than for the purposes of maintenance, repair, or replacement, of any noise control device or element of design or noise label of any product identified under Section 4.3.6.[1] The Director may, by regulation, list those acts which constitute violation of this provision.
[1]
U. S. Environmental Protective Agency Model Comm. Noise Control Ordinance, 9/1975 Document EPA 550/9-76-003.
11.
Administration
The preceding list of provisions are individually exclusive and inclusive. Any act creating or permitting the creation of a noise disturbance as defined by this title, not otherwise excluded by the preceding section of this title, shall constitute a violation of this title and shall be abated as such.
I.
Noise Level Management
For enforcement of applicable provisions herein decibel values are a basis of violation, the City will establish a procedure for measurement including equipment, technique, calibration and other items that may be appropriate.
J.
Vibration
Notwithstanding other sections of this chapter, it shall be unlawful for any person to create, maintain or cause any ground vibration which is perceptible without instruments at any point on any affected property adjoining the property on which the vibration source is located. For the purpose of this chapter, the perception threshold shall be presumed to be more than 0.05 inches per second RMS vertical velocity.
K.
Proposed Developments
Each department whose duty it is to review and approve new projects or changes to existing projects that result or may result in the creation of noise shall consult with the Director prior to any such approval. If at any time the Director has reason to believe that a standard, regulation or action, or proposed standard, regulation or action of any department respecting noise does not conform to the provisions as specified in this chapter, the Director may request such department to consult with him or her on the advisability of revising such standard or regulation to obtain conformity.
L.
Noise Variance Procedure
The owner or operator of a noise or vibration source which violates any of the provisions of this chapter may file an application with the Director for a variance from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with said provisions, the reasons why immediate compliance cannot be achieved, a proposed method of achieving compliance, and a proposed time schedule for its accomplishment. The application shall be accompanied by a fee as established, and amended from time to time, by the City Council. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property, may be combined into one application. Upon receipt of a complete application and fee, the Director shall refer it with his/her recommendations thereof to the Planning Commission at their next available meeting for action thereon in accordance with the provisions of this chapter.
M.
Planning Commission Responsibility
The Planning Commission shall evaluate all applications for variance from the requirements of this chapter and may grant said variances with respect to time for compliance, subject to such terms, conditions and requirements as it may deem reasonable to achieve maximum compliance with the provisions of this chapter. Said terms, conditions, and requirements may include, but shall not be limited to limitation on noise levels and operating hours. Each such variance shall set forth in detail the approved method of achieving maximum compliance and a time schedule for its accomplishment. In its determinations said commission shall consider the following:
1.
Magnitude of nuisance caused by the offensive noise.
2.
The uses or property within the area of impingement by the noise.
3.
The time factors related to study, design, financing and construction of remedial work.
4.
The economic factors related to age and useful life of the equipment.
5.
The general public interest, welfare and safety.
Any variance granted by the Commission shall be by resolution and shall be transmitted to the Director for enforcement. Any violation of the terms of said variance shall be abated as provided for in Chapter 16.026 of this title. |
N.
Appeals
Appeals may be filed in accordance with existing provisions of City ordinances governing zoning variances.
O.
Prima Facie Violation
Any noise exceeding the noise level standards for a designated noise zone as specified in Sections 16.154.020.D and 16.154.020.E or vibration exceeding the standards as specified in Section 16.154.020.J of this chapter, shall be deemed to be prima facie evidence of a violation of the provisions of this chapter.
P.
Delay in Implementation—Fixed Noise Source
None of the provisions of this chapter shall apply to a fixed sound source during the period commencing the effective date of this chapter and terminating 90 days thereafter.
Q.
Vibration and Climatic Influences
No operation or activity shall create any of the following effects to the extent they are detectable without the use of instruments at any location outside of the lot upon which said operation or activity is conducted.
(08-05)
§ 16.154.030 Outdoor lighting and glare.
Excessive light and glare shall be limited by the use of appropriate light fixtures, shielding devices and directional lighting methods.
A.
General Requirements
1.
Outdoor light fixtures shall be designed, installed, and maintained so as to direct light only onto the property on which the light source is located. All outdoor lighting fixtures shall have prismatic diffusing lenses and/or appropriate shielding so the light source is not directly visible from the public right-of-way or abutting residential properties.
In residential areas, no mercury vapor utility yard lights or other light fixtures with high intensity discharge lamps or bulbs, which are not designed to limit or control where light is directed and/or which do not shield the light source from direct view from neighboring residential properties or public rights-of-way, shall be permitted.
2.
No industrial or commercial operation, activity or lighting shall be permitted which results in the direct illumination of residential properties or uses.
3.
Any indirect illumination of neighboring residential properties or uses shall not exceed 0.5 footcandles at the property line as measured horizontally and vertically from adjacent grade to a height of 14 feet.
B.
New Development and Remodeling
Plans for such development or remodeling as is subject to Architectural Commission review per Chapter 16.300, shall show outdoor lighting.
C.
Single-Family Residential Development
1.
No outdoor lighting fixtures for a single-family home or in any Single-Family Residential Districts shall be mounted more than 14 feet above adjacent grade on any wall or structure except when used to illuminate a second-story entryway, balcony, or outside stairway, in which case the fixture shall not be higher than eight feet above the floor of the second story.
2.
No outdoor lighting fixture in any single-family residential development shall be mounted more than eight feet above adjacent grade on any pole.
3.
Outdoor lighting for properties located within the RR (Rural Residential) Districts shall conform to the lighting requirements set forth in Chapter 16.007 of this title and in the Rural Claremont Architectural and Landscape Standards.
4.
No building permit shall be issued for outdoor lighting for a single-family home or in a Single-Family Residential District until a lighting proposal, submitted by the applicant, has been reviewed by the Director of Community Development for compliance with the standards of this section. The lighting proposal shall include the following information:
D.
Multiple Family Development
Outdoor lighting for properties located within the RM (Medium Density Residential) Districts shall be designed, installed, and maintained so that direct rays of light are directed downward into the interior of the lot.
E.
Parking Areas
Lighting for parking areas newly constructed with six or more spaces shall be subject to the lighting standards set forth in Chapter 16.136.
F.
Sign Illumination
All illumination of signs shall be reviewed and approved per the provisions of Title 18.
G.
Automobile Service Station Lighting
All outdoor lighting for automobile service stations shall be subject to the lighting requirements set forth in Chapter 16.087.
H.
Exemptions
1.
The following outdoor light fixtures shall be exempt from the provisions of subsections 16.154.030.A.1, 16.154.030.C.1 and 16.154.030.D:
a.
Light fixtures with incandescent lamps or bulbs of 100 watts or less, provided that there are no more than two lamps or bulbs, or 200 watts per light fixture. (Quartz or tungsten halogen lamps shall not be considered incandescent lamps for purposes of this title.)
b.
Light fixtures with fluorescent lamps, bulbs or tubes of 20 watts or less, provided that there are no more than two lamps, bulbs or tubes, or 40 watts per light fixture.
c.
All light fixtures producing light directly by the combustion of fossil fuels, such as kerosene lanterns or gas lamps.
2.
All existing outdoor lighting that was approved by the Architectural Commission prior to May 25, 1989, shall be exempt from the provisions of this section.
I.
Nonconforming Lighting
All existing outdoor lighting which does not conform to the provisions of this section shall be removed or made to conform with the standards of this section by July 1, 1991.
(08-05)
§ 16.154.040 Environmental development standards.
A.
Air Contaminants
The emission of any air contaminants shall not exceed the requirements of the South Coast Air Quality Management District or the requirements of any Air Quality Plan adopted by the City of Claremont.
B.
Electrical or Electronic Interference
No operation or activity shall create any electrical or electronic interference or otherwise adversely affect the operation of any electrical equipment on any other lot. The regulations of the Federal Communications Commission shall apply.
C.
Fire and Explosive Hazards
The storage, manufacture or utilization of materials or products which constitute an active fuel and which burn with great intensity shall be carried on within buildings or structures which are completely enclosed by incombustible exterior walls and shall be reviewed and approved by the Los Angeles County Fire Department. The storage of materials or products which constitute an active fuel may be permitted in small containers outside of a structure subject to review and approval by the Los Angeles County Fire Department.
D.
Radiation Hazards
The use of unsealed radioactive materials is prohibited with the exception of minor amounts of radioactive waste materials which must be stored in fireproof containers at or below ground level and approved by the Los Angeles County Fire Department and the Los Angeles County Health Department.
E.
Utility Usage
No industry requiring excessive amounts of electricity, gas, or water will be permitted.
F.
Industrial Wastes
Any industry requiring disposal of chemicals or industrial waste into the sanitary sewer system will be required to obtain approval from the County Sanitation District.
G.
Hazardous Materials
1.
All land use decisions as defined by the Health and Safety Code, Section 25199.1, shall be consistent with the Los Angeles County Hazardous Waste Management Plan, including those portions of the plan which identify general areas or siting criteria for off-site hazardous waste management facilities.
2.
Any proposed "specified hazardous waste facility" projects as defined by the Health and Safety Code, Section 25199.1, shall require approval of a conditional use permit pursuant to the provisions of Chapter 16.303 of this title. All applications for such a facility shall be reviewed pursuant to the State Guidelines for Specified Hazardous Waste Facilities and processed as required by the Tanner Act (Article 8.7 of the Health and Safety Code). The Director of Community Development shall have the authority to levy fees, commensurate with the costs of expenses which may be necessary for the processing of such applications.
3.
All businesses that handle hazardous materials shall comply with the hazardous materials reporting requirements of the local administering agency (the Los Angeles County Fire Department Hazardous Materials Section) pursuant to Health and Safety Code Sections 25505, 25533 and 25534 (adopted in the Los Angeles County Code, Title 2, Chapter 2.20.) Such requirements may include, but shall not be limited to, a Hazardous Materials Intended Handler Registration Form, a Risk Management and Prevention Program, and a Business Plan for emergency response.
(08-05)
§ 16.154.050 Outside storage.
All outside storage shall be located at the interior sides or the rear of buildings, and appropriately screened by a solid fence/wall, and/or landscaping. No such outside storage shall be located in the front or street side setback areas, or in a location visible to the street, unless otherwise permitted by this Code.
(12-01)
§ 16.154.060 Detrimental and unsightly conditions.
All buildings, structures, yards, and other improvements shall be maintained in a manner which is compatible with and which does not have a detrimental effect on adjacent or nearby property. As examples of such conditions, and not by way of limitation, the existence of any of the following shall be deemed to be a detrimental and/or unsightly condition:
A.
Dilapidated or deteriorating or unrepaired structures, such as fences, roofs, screen doors, doors, garage doors, walls, children's swing sets and play structures, storage sheds, shade structures, and other improvements.
B.
Lumber, junk, trash, or debris.
C.
Objects or equipment such as automobile parts, furniture, stoves, refrigerators, freezers, cans, containers or similar items which are abandoned, discarded, unused, or stored outdoors.
D.
Excavations over 18 inches deep.
E.
Any vehicle parked or stored either in the street, or in a location on private property which is visible from the street or visible from neighboring properties, and which lacks an engine, transmission, wheels, tires, doors, windshields or any other part necessary for legal or safe operation on public streets.
F.
Any vehicle parked or stored either in the street, or in a location on private property which is visible from the street or visible from neighboring properties, and which is not currently licensed or registered.
G.
Swimming pools, or any other accumulation of water, which contains stagnant water, visible algae growth, or which provides a breeding ground for insects or vermin.
I.
Any accessory structure that is placed in a yard area visible from the street, which is over three feet in height, and which has not been authorized by a building permit, variance, conditional use permit, or which is not otherwise specifically permitted by this title.
(08-05)
§ 16.154.070 Neighborhood protection.
A.
No trailers, boats, camper shells, disabled vehicles, or other vehicles incapable of movement under their own power or not currently licensed for use on public streets, no motor homes that have a total height of more than nine feet, a width of more than eight feet, and/or a total length of more than 19 feet, and no trucks or pick-up trucks with slide-in campers that have a total height in excess of nine feet, width of more than eight feet, and/or a total length of more than 22 feet, shall be parked, stored or allowed to remain for a period of more than 24 hours on any residential property except if parked or stored within a garage or in a side or rear yard area that is enclosed with a non-transparent fence, a wall, or continuous row of shrubbery, not less than five feet high. No such vehicles shall be parked in any yard area between a house and the street, when such yard area is not enclosed with a non-transparent fence, a wall, or continuous row of shrubbery, not less than five feet high. The Director of Community Development may grant a temporary recreational vehicle parking permit to allow the temporary parking of such vehicle on residential property for a maximum of 14 days per dwelling unit per calendar year. The 14 days may be consecutive or spread throughout the calendar year.
B.
No commercial vehicles having a manufacturer's gross vehicle weight rating of 10,000 pounds or more, or which are incapable of movement under their own power shall be parked or stored in any residential district, except as otherwise permitted pursuant to Section 10.32.180 of the Municipal Code.
C.
No building materials, machinery, or other materials or equipment used in or for a business shall be stored outdoors on any lot in any residential district, except during construction on the lot.
D.
No person shall park any vehicle on any landscaped or unpaved area that is not enclosed with a nontransparent fence, a wall, or continuous row of shrubbery, not less than five feet high.
E.
No person shall place any cargo container or "sea container" in any residential district without the prior approval of the Director. The placement of a cargo container or "sea container" shall be subject to the following criteria.
1.
A container shall not be more than eight feet high, eight feet wide, and 20 feet long.
2.
A container shall not be placed within the public right-of-way, unless the applicant can demonstrate to the satisfaction of the Director that it is infeasible to locate the container on-site because of site constraints such as existing mature landscaping, on-going construction activities, and/or topographical features, and an encroachment permit is issued by the City Engineer.
3.
All containers shall be located in such a manner as to avoid any impacts to the visibility of motorists, to not block public access and any access to another property, and to minimize impacts to City street-sweeping activities. If the Director determines necessary, reflectors shall be required on the container.
4.
Any placement of a container in the public right-of-way, a driveway, or yard area that is not enclosed with a non-transparent fence, wall or continuous row of shrubbery, not less than five feet high, shall be for a maximum period of 90 days. The Director may choose to provide a courtesy notice to adjacent residents of an approval of the placement of a container in a visible area.
5.
The applicant shall keep the area surrounding the container free of weeds and debris, and promptly remove any graffiti on the container.
6.
Any long term placement of a container shall be located in an interior yard area that is enclosed with a non-transparent fence, wall, or continuous row of shrubbery, not less than five feet high. The placement of a container shall comply with all applicable standards of the district in which it is located and Chapter 16.133.
F.
No person shall make repairs to or perform work on motor vehicles in the street, on a residential driveway, or in any residential yard area visible to the street except as follows:
1.
For the purpose of making repairs, for a period not to exceed five hours, when the need for the repairs arises suddenly and unexpectedly due to a mechanical breakdown.
2.
For minor routine maintenance such as washing and waxing cars, changing oil or tires, or the installation of minor accessories, for a period not to exceed eight hours, provided the motor vehicles are owned by the residents at the property where such maintenance is being performed, and such maintenance takes place on a paved surface.
(08-05)