Except as specifically permitted in this title, all commercial uses and associated storage shall only be conducted within completely enclosed buildings. Exceptions exist for those uses that are customarily conducted outdoors, although such uses may require a conditional use permit or other permit approval as indicated in this title. Examples of uses that are customarily conducted outdoors in commercial zones include, but are not limited to: outdoor dining areas, vehicle sales lots, plant nurseries and garden centers, sports fields and courts, and outdoor amusements such as gokart tracks and miniature golf.

Certain outdoor commercial, industrial and manufacturing uses such as plant nurseries, garden centers, and outdoor storage areas may require screening measures. The requirement for screening as well as the methods, materials, and appearance of required screening for outdoor uses are subject to the discretion and approval of the director of community development, or in the case of a conditional use permit, the planning commission. The director or commission may require decorative screening materials in visually prominent or visually sensitive areas.

Under no circumstances shall outdoor uses and activities be permitted which displace required off-street parking or landscaping improvements. For outdoor use and outdoor storage regulations in the M and C-M zones, refer to section 17.150.050.

Outdoor vending machines, as defined in Chapter 17.105 of this title, are permitted along the primary storefront (i.e., that elevation of the building that includes the primary business entrance) of the following principal land uses, when located outside the area governed by Specific Plan No. 182, and subject to the performance standards in subsection C below:

Notwithstanding subsection (B)(1) above, outdoor vending machines may be approved as an ancillary use to other uses, and within Specific Plan No. 182, where appropriate and compatible, (example: common recreation area of a residential project, or interior courtyard of a downtown motel), with approval of a Minor Conditional Use Permit, and subject to the performance standards listed in subsection C below, provided the outdoor vending machines are also sited in a location that prevents the machines from being visible from the public right-of-way. This requirement shall not be used to permit outdoor vending machines on the side or rear of a commercial establishment outside the view of employees within the business.

Outdoor vending machines shall not obstruct pedestrian pathways, driving aisles, parking spaces, or any areas necessary for proper vehicular circulation or loading activities. A clear path of travel at least four feet wide must be provided around outdoor vending machines.

Outdoor vending machines shall comply with the provisions of Title 24 of the California Code of Regulations (California Physical Access Laws).

Outdoor vending machines shall comply with the requirements of the California Building and Fire Safety Codes.

Outdoor vending machines shall not be located within four feet of the public right-of-way, or located in such a manner as to encourage or require customers to stand or park in the right-of-way in order to use the machine.

The back of an outdoor vending machine may not be located more than 18 inches from an exterior wall of the primary structure on the lot.

If exposed conduits or pipes are required (e.g., to supply the outdoor vending machine with power, coolant for refrigeration, or the product being dispensed), they shall be secured to the building and painted or otherwise screened to match the building exterior. Exposed conduits, pipes, and utility connections shall not bridge a span or gap greater than 18 inches.

All outdoor vending machines shall be maintained in a clean and attractive condition. Any graffiti on an outdoor vending machine shall be removed within 24 hours. If the outdoor vending machine is removed, the area shall be cleaned and restored to its previous condition, including the removal of any abandoned pipes, conduits or other connecting hardware.

In addition to the other requirements of this Chapter, the following criteria shall apply to outdoor vending machines:

Display of merchandise must be located directly adjacent to the business operating sales.

The aggregate display area shall not exceed 24 square feet.

Merchandise must be located within 4 feet of the store front.

Items shall be displayed only during the hours that the use conducted inside the building on the premises is open for business.

No item, or any portion thereof, shall be displayed on public property unless an encroachment permit has first been obtained from Public Works.

No item shall be displayed within required landscaping or required parking spaces.

No item shall be displayed in a manner that causes a safety hazard; obstructs the entrance to any building; interferes with or impedes the flow of pedestrian or vehicle traffic; is unsightly or creates any other condition that is detrimental to the public health, safety or welfare or causes a public nuisance.

Separately regulated products are not eligible for outdoor display. Separately regulated products include, but are not limited to: alcohol, automotive parts, and tobacco and paraphernalia.

Smoke. In accordance with section 24242 of the California Health and Safety Code, a person shall not discharge smoke into the atmosphere for a period or periods aggregating more than three minutes in any one hour, which is:

Air pollution. Fly ash, dust, fumes, vapors, gases, and other forms of air pollution, in accordance with section 24243 of the California Health and Safety Code. A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which will cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health or safety of any such persons or the public or which cause or have a natural tendency to cause injury or damage to animals, vegetation, business or property. In no event shall any emission from any chimney or other source, or any solid or liquid particles in concentration exceed 0.4 grains per cubic foot of the conveying gas at any point.

Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable at the property line of the use from which such odor emits, or at the point of greatest concentration if further than the lot line. Any process that may involve the creation or emission of any odors shall be provided with an adequate secondary safeguard system of control, so that control will be maintained if the primary safeguard system should fail. In no event shall odors, gases or other odorous matter be emitted in such quantities as to be readily detectable when diluted in a ratio of one volume of odorous air to four volumes of clean air.

Wastes into surface runoff. Any discharge of liquid industrial wastes of any sort to surface streams, flood control channels, storm drains and subsurface pits shall be prohibited in conformance with applicable storm water regulations.

Wastes into sanitary sewer. Any wastes discharged into the city sanitary sewer, which may require pretreatment, depending upon the type, concentration and volume of material being handled, shall conform to the requirements of Title 13 of the code of the city.

Wastes disposed by hauling. Any industry hauling liquid wastes off-site for disposal shall obtain and conform to waste discharge requirements of the California Regional Water Quality Control Board, San Diego Region, which will necessitate hauling such wastes to a Class 1 site for disposal.

The sound level of any individual operation, land use, or activity other than rail, aircraft, street, or highway transportation, shall not exceed the sound levels indicated in the following table. For the purpose of determining compliance with these noise limitations, the sound levels shall be measured at the property lines of the property upon which the operation, land use, or activity is conducted.

For the purposes of this section, interior lease lines within a property or building shall comply with the same standards as lot lines. For noise inside a building, the sound level meter shall be placed at least three feet distant from any wall, ceiling or partition, and the average measurement of at least three different positions throughout the room shall be determined. The sound level limit at a location on a boundary between two adjoining zoning districts shall be that of the more restrictive zone. When any sound level measurement is required it will be made pursuant to the provisions of this chapter and shall be measured with a sound level meter.

Equipment noise. It is unlawful for any person within any residential zone, or within a radius of 500 feet from any residential zone, to operate equipment or perform any outside construction, maintenance or repair work on buildings, structures, landscapes or related facilities, or to operate any pile driver, power shovel, pneumatic hammer, power hoist, leaf blower, mower, or any other mechanical device, between the hours of 7 p.m. of one day and 7 a.m. of the next day in such a manner that a reasonable person of normal sensitivities residing in the area is caused discomfort or annoyance. This subsection shall also apply to any property in the Mixed-Use zone having one or more residential units. This restriction does not apply to emergency work made necessary to restore property to a safe condition, restore utility service, or to protect persons or property from an imminent exposure to danger.

Vehicle repairs.

Property upkeep.

Refuse vehicles and parking lot sweepers. No person shall operate or permit to be operated a refuse compacting, processing or collection vehicle or parking lot sweeper between the hours of 7 p.m. of one day and 7 a.m. of the next day in any residential zone.

Notwithstanding any other provision of this chapter, and in addition thereto, it is unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood, or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:

Specific exemptions. Special events of short duration, such as carnivals, fireworks displays, outdoor concerts, parades and sports activities, which are regulated by separate city approval such as a conditional use permit, are specifically exempted from the provisions of this chapter. Noise regulations for such events, however, may be applied as a condition of such separate approval.

Enforcement and penalties.

No use shall be undertaken or maintained unless it conforms to the regulations set forth in this section. No land or building shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosion or other hazard, noise or vibration, smoke, dust, odor, airborne sand, materials in suspension such as paint droplets or any other form of air pollution, heat, cold, dampness, electrical or other disturbance, glare, liquid or solid refuse or wastes, or other substance, condition or element in such a manner or in such an amount as to affect adversely the surrounding area or adjacent premises.

All HVAC units must attenuate noise to acceptable levels through one of the following standards:

All ground-floor windows shall be maintained transparent. If windows are to be obscured, no more than 15% of the window area may be obscured.