These standards shall ensure that new or modified uses and development will produce an urban environment of stable, desirable character which is harmonious with the existing and future development and protects the use and enjoyment of neighboring properties, consistent with the general plan.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Any new structure or use or modification/change to an existing structure or use shall comply with all of the applicable standards contained in this chapter.

All new or modified structures and uses (including changes in use) shall conform with all of the following standards prior to construction, change in use, or during normal operations as applicable:

(a)

Access

(b)

Development considerations

(c)

Dust and dirt

(d)

Environmental assessment

(e)

Exterior structure walls

(f)

Fences, walls, and hedges

(g)

Fire protection

(h)

Fumes, vapor, and gases

(i)

Glare and heat

(j)

Hazardous materials

(k)

Height determination

(l)

Lighting

(m)

Odor

(n)

Projections into setbacks

(o)

Radioactivity

(p)

Refuse storage/disposal

(q)

Screening

(r)

Signs

(s)

Solar energy

(t)

Storage

(u)

Toxic substances

(v)

Undergrounding of utilities

(w)

Vibration

These standards apply to more than one zoning district, and therefore, are combined in this chapter. Also, these standards shall be considered/followed in conjunction with the standards and design guidelines located in the specific zoning district chapters.

(a)

Access. Every structure or use shall have frontage upon a public street or permanent means of access to a public street by way of a public or private easement or recorded reciprocal access agreement.

(b)

Development considerations. The following standards are in addition to the specific design guidelines contained in the individual zoning districts:

(1)

The proposed development shall be of a quality and character which is consistent with the community design goals and policies including, but not limited to, scale, height, bulk, materials, cohesiveness, colors, roof pitch, roof eaves, and the preservation of privacy.

(2)

The design shall improve community appearance by avoiding excessive variety and monotonous repetition.

(3)

Proposed signage and landscaping shall be an integral architectural feature which does not overwhelm or dominate the structure or property.

(4)

Lighting shall be energy efficient, stationary, and directed away from all adjacent properties and public streets and rights-of-way.

(5)

Mechanical equipment, storage, trash areas, and utilities shall be architecturally screened from public view.

(6)

With the intent of protecting sensitive land uses, the proposed design shall promote a harmonious and compatible transition.

(7)

All structure elevations shall be architecturally embellished.

(8)

Parking structures shall be architecturally compatible with both the primary (on-site) and adjacent structures.

(9)

Both sides of all perimeter walls or fences shall be architecturally treated.

(10)

Nearly vertical roofs (A-frames) and piecemeal mansard roofs (used on a portion of the structure perimeter only) are prohibited. Mansard roofs shall wrap around the entire structure perimeter.

(c)

Dust and dirt. All land use activities (i.e., construction, grading, and agriculture) shall be conducted so as to create as little dust or dirt emission beyond any boundary line of the parcel as possible. To control fugitive dust and dirt emission, appropriate grading procedures shall include, but are not limited to, the following:

(1)

All grading activities shall be scheduled to ensure that repeated grading will not be required and that implementation of the desired land use (i.e., planting, paving, or construction) will occur as soon as possible after grading.

(2)

Native vegetation shall be protected and shall be disturbed as little as possible.

(3)

Graded areas shall be watered as often as necessary to prevent blowing dust and dirt.

(4)

Graded areas shall be revegetated as soon as possible.

(5)

Where appropriate, walls or fences shall be constructed to contain dust and dirt within the parcel subject to the approval of the director of public works.

(6)

Erosion control measures shall be implemented from October 15 to April 15.

(d)

Environmental assessment. All development proposals shall be evaluated in compliance with the California Environmental Quality Act (CEQA), city, and all general plan environmental policies including, but not limited to, biological resource management areas; riparian corridors; rare, threatened and/or endangered species; air quality; mineral resources; archaeological resources; and geologic hazards, pursuant to chapter 2 of CEQA.

(e)

Exterior structure walls. The following standards shall apply to all exterior structure wall construction:

(1)

Because structure walls tend to be the main architectural and visual feature in any major development, restraint must be exercised in the number of permissible finish materials. The harmony of materials and particularly color treatment is essential to achieve unity in the project.

(2)

The following elements are deemed unacceptable in any development and therefore shall be prohibited:

a.

Nonanodized and unpainted aluminum finished window frames.

b.

Metal grills and facades. However, grills and facades of unique design and in keeping with the general decor of the development and neighborhood may be permitted subject to prior approval by the director.

c.

Aluminum or other metal panels on the street elevation, unless it can be demonstrated that they are consistent with the structure's overall design character and do not adversely affect the pedestrian environment.

d.

Reflective "mirror" type glass windows/panels, unless approved by the appropriate review authority.

(f)

Fences, walls and hedges. The following standards shall apply to the installation of all fences, walls, and hedges:

(1)

On a corner parcel, no fence, wall, hedge, sign, or other structure, shrubbery, mounds of earth, or other visual obstruction over 42 inches in height above the nearest street curb elevation shall be erected, placed, planted, or allowed to grow within a traffic safety sight area. The foregoing provision shall not apply to public utility poles; trees trimmed (to the trunk) to a line at least 6 feet above the level of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave at all seasons a clear and unobstructed crossview; supporting members of appurtenances to permanent structures existing on the date that this code becomes effective; and official warning signs or signals.

(2)

A maximum six-foot-high fence, wall, or hedge may be located anywhere on a parcel except in a traffic safety sight area, a required front setback, or street-side setback. The maximum height in these locations shall be 42 inches or as required by other regulations within this code.

(3)

When there is a difference in the ground level between two adjoining parcels, the height of any fence or wall constructed along the property line shall be determined by using the finished grade of the highest contiguous parcel.

(4)

Only one type of fence or wall design shall be permitted on any one parcel or development. The design may include an appropriate mix of materials and finish subject to the approval of the director.

(5)

Subsequent addition to fences and walls must be constructed of materials which are compatible with the original fence or wall design and subject to the approval of the director.

(6)

Crib block walls with appropriate landscaping materials and a comprehensive landscape maintenance program may be considered by the planning commission.

(7)

If used in the construction of a fence or wall visible from a public right-of-way, materials such as wood and uncolored cinder block shall be treated with a decorative finish compatible with the environs. Wood fences shall be painted or stained. Uncolored cinder block walls shall be covered with stucco or other similar materials.

(8)

The use of electrified fence or razor wire fence in conjunction with any fence, wall, or hedge, or by itself within any zone, is prohibited unless required by any law or regulation of the city, the state, or any agency thereof.

(9)

The use of barbed wire is prohibited unless approved by the director.

(10)

Chain link fencing is permitted only in conjunction with private or commercial tennis courts and where required by any law or regulation of the city, the state, or any agency thereof.

(11)

Fencing or walls are required between single-family dwellings or residential developments which are adjacent to public parks, open spaces, and/or major rights-of-way. The permanent fencing or walls are to be provided by the developer prior to the completion of construction.

(12)

The provisions of this section shall not apply to a fence or wall required by any law or regulation of the city, the state, or any agency thereof.

(g)

Fire protection. All structures and uses shall meet the requirements of the City Fire Code.

(h)

Fumes, vapor, gases, and other forms of air pollution. If any existing or proposed use or portion thereof produces emissions which can cause damage to human health, animals, vegetation, or property in such quantities as can or may be readily detectable at any point along or outside the boundary lines of the parcel, the use responsible shall have the source of the contaminant muffled or controlled in order to prevent the issuance, continuance, or recurrence of any emission detectable beyond the boundary lines of the subject parcel. All emissions shall be in compliance with applicable air quality management district and regional water quality control board permits/regulations.

(i)

Glare and heat. If any existing or proposed use or portion thereof produces glare or heat that constitutes or may be considered to constitute a nuisance or hazard on any adjacent property, such as from arc welder, acetylene torches, furnaces, or similar equipment, the use responsible shall incorporate a shield or control all sources of glare or heat in order to prevent the issuance, continuance, or recurrence of the nuisance or hazard.

(j)

Hazardous materials. 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 § 65850.2 and Health and Safety Code §§ 25505 et seq.). It is not the intent of these regulations to impose additional restrictions on the management of hazardous wastes, which would be contrary to state law, but only to require reporting of information to the city that must be provided to other public agencies.

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.

(1)

A conditional use permit shall be required for any new commercial, industrial, or institutional or accessory use, or major addition to an existing use, that involves the manufacture, storage, handling, or processing of hazardous substances in sufficient quantities that would require permits as hazardous chemicals under the Uniform Fire Code, with the following exceptions:

a.

Underground storage of bulk flammable and combustible liquids as determined applicable by the director of community development.

b.

Hazardous substances in container sizes of ten gallons or less that are stored or maintained for the purpose of retail or wholesale sales.

(2)

All businesses required by state law (California Health and Safety Code, ch. 6.95) to prepare hazardous materials release response plans shall submit copies of these plans, including revisions to the director at the same time these plans are submitted to the city fire department which is responsible for administering these provisions.

(3)

Underground storage of hazardous substances shall comply with all applicable requirements of state law (California Health and Safety Code, ch. 6.7; and Section 79.113(a) of the Uniform Fire Code). Any business that uses underground storage tanks shall comply with the following notification procedures:

a.

Notify the city fire department of any unauthorized release of hazardous substances immediately or no later than 24 hours after the release has been detected and the steps taken to control the release.

b.

Notify the city fire department and the director of any proposed abandoning, closing, or ceasing operation of an underground storage tank and the actions to be taken to dispose of any hazardous substances.

(4)

Aboveground storage tanks for any flammable liquids shall be allowed only at refinery or bulk storage plant locations, subject to the approval of the city fire department.

(k)

Height determination (structures). All structures shall meet the following standards relating to height:

(1)

The structure's height shall not exceed the standard for the zoning district in which it is located. The structure's height shall be determined from the finished grade to the highest point of the structure, excluding chimneys and vents.

(2)

Final pad elevations shall be reviewed and approved by the director and the city engineer based on the following criteria:

a.

Flood control.

b.

Site drainage.

c.

Viewshed protection from both public and private property.

d.

Protection of privacy of surrounding parcels including consideration of the location of windows, doors, balconies, and decks.

e.

Structure setback in relation to structure height and property lines.

f.

Sightline and structure envelope analysis.

g.

Sewer line grade and location.

h.

Necessary slopes and retaining walls.

(3)

Perimeter fences, or walls, shall not exceed six feet in height, unless otherwise provided in this code. The height shall be measured from the finished grade of the parcel at the fence or wall.

(4)

Architectural walls integral to the structure design and attached to the structure may exceed six feet in height, subject to approval by the director.

(5)

Freestanding flagpoles may not exceed 35 feet in height.

(l)

Lighting. Exterior lighting shall be energy-efficient and shielded or recessed so that direct glare and reflections are confined to the maximum extent feasible within the boundaries of the parcel, and shall be directed downward and away from adjoining properties and public rights-of-way. No lighting shall blink, flash, or be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in scale, intensity, and height to the use they are serving. Security lighting shall be provided at all entrances/exits.

For parking lot lighting, the amount of light projected onto any ground or wall surface shall not be less than two footcandles nor exceed five footcandles at the base of the light fixtures. The electrical plan shall demonstrate the dispersal of light on the ground surface and compliance with the requirements of this section.

(m)

Odor. If any existing or proposed use or portion thereof produces odors or noxious matter in such quantities as can or may be readily detectable at any point along or outside the boundary lines of the parcel the use responsible shall have the source of the contaminant controlled in order to prevent the issuance, continuance, or recurrence of any odor detectable beyond the boundary lines of the subject parcel.

(n)

Projections/construction/equipment permitted into setbacks. The following list represents the only projections/construction/equipment that shall be permitted within the required setbacks:

In no case shall a roof overhang be closer than two feet or fireplace chimney, wing walls, or minor architectural feature closer than three feet to any property line.

(o)

Radioactivity or electric disturbance. Any existing or proposed use or portion thereof that can or may generate any electrical disturbances or produce any radioactive emanations that can or may be considered a nuisance or hazard shall shield or control the source of the electrical or radioactive emanations in order to prevent the issuance, continuance, or recurrence of any hazardous or disturbing emanations.

(p)

Refuse storage/disposal. Every parcel with an occupied structure shall have a trash receptacle(s) on the premises. The trash receptacle(s) shall be of sufficient number and size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least three sides by a solid wall seven feet in height and on the fourth side by a solid metal gate not less than six feet in height. The gate shall be maintained in good working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures. Trash receptacles for single-family homes shall not be visible from public and private rights-of-way.

(q)

Screening. Wherever a parcel zoned for commercial or industrial purposes abuts a residential zoning district, there shall be erected along the property line abutting the residential zoning district a six-foot-high solid decorative masonry wall. The wall shall be architecturally treated on both sides, subject to the approval of the director.

Any equipment, whether on the roof, side of structure, or ground, shall be screened. The method of screening shall be architecturally compatible in terms of materials, colors, shape, and size. The screening design shall blend with the design of the structure and include landscaping when on the ground.

(r)

Signs. All signs shall comply with the provisions of chapter 9.29 (Sign Standards).

(s)

Solar energy development standards. Solar energy equipment shall comply with the following standards:

(1)

Roof-mounted solar collectors shall be placed in the most obscure location without reducing the operating efficiency of the collectors. Wall-mounted and ground-mounted collectors shall be screened from public view.

(2)

Roof-mounted collectors shall be installed at the same angle or as close as possible to the pitch of the roof.

(3)

Appurtenant equipment, particularly plumbing and related fixtures, shall be installed in the attic.

(4)

Exterior surfaces of the collectors and related equipment shall have a matte finish and shall be color-coordinated to harmonize with roof materials and other dominate colors of the structure.

(t)

Storage. There shall be no visible storage of motor vehicles, trailers, airplanes, boats, or their composite parts; loose rubbish, garbage, junk, or their receptacles; tents; or building or manufacturing materials on any portion of a parcel, including recreational vehicles pursuant to section 9.59.110(h)(2). No storage shall occur on any vacant parcel.

Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction.

(u)

Toxic substances and wastes. No use may operate that utilizes toxic substances or produces toxic waste without the approval of a conditional use permit, pursuant to the provisions of chapter 9.48 (Conditional Use Permits). Prior to consideration of an application for a conditional use permit, the operator shall prepare a toxic substance and waste management plan which will provide for the safe use and disposal of these substances.

(v)

Undergrounding of utilities. Utilities shall be placed underground to the extent feasible. In the event an aboveground electrical transformer is located outdoors on any site, it shall be screened from view with a solid wall and/or landscaping and not located in any setback area. If it cannot be screened to the satisfaction of the director, it shall be located in an underground vault.

(w)

Vibration. Any existing or proposed use or portion thereof generating vibrations that can or may be considered a nuisance or hazard on any adjacent parcel shall have the source of the vibration muffled or controlled in order to prevent the issuance, continuance, or recurrence of the disturbing vibrations.

(Ord. No. 98-193, §§ 1—4, 10-19-98)