Fountain Valley City Zoning Code
CHAPTER 21
16 GENERAL PERFORMANCE STANDARDS
§ 21.16.010 Purpose.
The purpose of this chapter is to provide uniform performance standards which are designed to minimize and mitigate the potential impacts of development within the city and promote compatibility with surrounding areas and land uses.
(Ord. 1308 § 5, 2000)
§ 21.16.020 Applicability.
The provisions of this chapter apply to all new and existing land uses, including permanent and temporary uses, in all zoning districts except as provided in Section 21.01.040 of this title. Existing uses on the effective date of this chapter shall not be altered or modified to conflict with, or further conflict with, these standards.
(Ord. 1308 § 5, 2000)
§ 21.16.030 Air pollution-Smoke/particulate matter and dust/dirt.
(a)
Compliance. Sources of air pollution shall comply with rules identified by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board and the Southern California Air Quality Management District (SCAQMD).
(b)
Excessive Air Pollution Prohibited. Uses, activities and processes shall not operate in a manner that emit excessive dust, fumes, smoke or that exceed the requirements identified in subsection a of this section.
(c)
SCAQMD Permit. Operators of activities, processes or uses that require approval to operate from the Southern California Air Quality Management District (SCAQMD), shall file a copy of the permit with the department within thirty days of permit approval.
(Ord. 1308 § 5, 2000)
§ 21.16.040 Noise.
(a)
Noise Impact Evaluation for Residential Uses.
(1)
All new residential projects to be constructed near existing sources of non-transportation noise (including commercial facilities, public parks with sports activities) shall demonstrate through an acoustical study by a registered engineer that the indoor noise levels will be consistent with the provisions of the city's noise ordinance (Section 21.16.040 of this code).
(2)
A noise impact evaluation may be required for other projects if determined necessary by the environmental review committee. Should noise abatement be necessary, the city shall require the implementation of mitigation measures based on a detailed acoustical study prepared by a registered engineer.
(b)
Compliance with Noise Standards.
(1)
Prior to development approval, new commercial, industrial or any redevelopment project or proposed development near existing residential land use shall demonstrate compliance with the city's noise ordinance (Section 21.16.040 of this code).
(2)
New developments shall be allowed only if appropriate mitigation measures are included so that the applicable noise standards are met.
(Ord. 1308 § 5, 2000)
§ 21.16.050 Hazardous materials storage.
(a)
Compliance with State Law. The following standards are intended to ensure that the use, handling, storage and transportation of hazardous substances comply with all applicable state laws (Government Code Section 65850.2 and Health and Safety Code Section 25505, et seq.) and that appropriate information is reported to the city in a timely manner.
(b)
Definition. For the purposes of this section, hazardous substances shall include all substances on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Health Services.
(c)
Conditional Use Permit Required. A conditional use permit shall be required for any use that involves the handling, manufacture, processing or storage of hazardous substances in sufficient quantities that would require permits under the Uniform Fire Code.
(d)
Reporting Requirements. All businesses required by state law to prepare hazardous materials release response plans shall submit copies of such plans, including any revisions, to the director at the same time the plans are submitted to the fire department.
(e)
Storage Structures. Structures for the storage of hazardous materials shall be designed to meet fire department approved standards. Such structures shall be removed upon change in occupancy of the facility.
(Ord. 1308 § 5, 2000)
§ 21.16.060 Violations of general performance standards.
It is unlawful for any owner, operator, tenant or other person in control of property within the city for which the general performance standards set forth in this chapter apply, to fail to comply with the standards imposed in this chapter.
(Ord. 1358 § 3, 2004)