The city council of the city finds and declares that:

A.

The establishment, conduct, operation and maintenance of vehicle dismantling facilities, and their associated dismantling, storage, buying and selling of inoperable vehicles and parts therefrom, disposal, or recyclable operations (hereinafter dismantling facility or dismantling facilities) in areas adjacent to city streets and roadways within the city limits should be controlled in order to promote and protect the health and safety of the traveling public, to protect the public investment in such streets and roadways, and to preserve the natural beauty of areas adjacent to such streets and roadways.

B.

Motorists can be distracted by unscreened dismantling facilities adjacent to city streets and roadways, and such distractions constitute a hazard to the safety of the traveling public.

C.

The establishment, conduct, operation and maintenance of dismantling facilities require that safety and environmental performance standards be strictly maintained to reduce the potential for harm or injury to the citizens or their property, to promote the general welfare, and to promote the health and safety of public safety personnel who may, at any time, be called upon to render emergency service to such establishments in the event of wind, flood or earthquake, or other common disaster, or in the event of accident or fire.

Now, therefore, based upon the above findings, the city council adopts the ordinance codified in this chapter regulating the location and operating activities of dismantling facilities.

(Ord. 1259 § 1 (part), 1997)

The purpose of this chapter is to provide minimum requirements to establish, operate, conduct and maintain a dismantling facility within specified zones in the city. Further, to provide general requirements for dismantling operations in order to protect the health and safety of the motoring public, and to manage the environmental effects of dismantling facilities within the city.

(Ord. 1259 § 1 (part), 1997)

As used in this chapter:

"Dismantling facility" means any establishment or place of business established, maintained, conducted and operated by an "automobile dismantler," as such person is defined in Section 220 of the California Vehicle Code, as it may be amended from time to time. This definition includes, but is not limited to, auto wreckers, auto dismantlers, truck dismantlers, auto wrecking yards, vehicle salvage yards, vehicle wrecking yards, auto recycling yards, used auto parts yards, and/or the temporary storage of vehicle bodies and parts awaiting disposal to salvage facilities as a normal part of a business operation, and includes the definition of automobile wrecking contained in Section 18.04.130 (zoning—definitions) of this code.

"Recyclable unit" means all or portions or fragments of copper, brass, batteries, rubber debris, tires, petroleum waste, dismantled, wrecked, or inoperable motor vehicles, or parts thereof, iron, steel and other portions or fragments of ferrous or nonferrous material obtained from vehicles.

"Vehicle" means a device by which any person or property may be propelled, moved or drawn upon a public street, roadway or highway, including, but not limited to automobiles, trucks, tractors, trailers, and other motorized vehicles intended for use or operation upon public streets, roadways or highways and that may be registered with the Department of Motor Vehicles.

"Visible" means capable of being seen without visual aid by a person of normal visual acuity while driving, standing or walking on a city street or roadway or any part of the public right-of-way.

(Ord. 1259 § 1 (part), 1997)

The establishment, operation and conduct of a dismantling facility, or any enlargement or increase in the area of space, or volume occupied or devoted to dismantling may occur only after the proper issuance of a conditional development permit (CDP) pursuant to Chapter 18.66 (Conditional Development Permits) of the Rialto Municipal Code (code), in areas of the city zoned for general manufacturing (M-2 general manufacturing zone) or heavy industrial of the Agua Manza Industrial Corridor Specific Plan (H-IND), and only if such areas meet the requirements of any applicable adopted special zone, overlay or specific plan area, and the provisions of this chapter.

(Ord. 1259 § 1 (part), 1997)

A.

Notwithstanding the provisions of Section 18.60.010, an automobile dismantling facility shall be considered to be nonconforming and subject to the limitations on conducting and expanding nonconforming uses contained in Chapter 18.60 if:

1.

The dismantling facility was lawfully existing without a CDP on the effective date of this chapter, and has continued in lawful operation since that time.

2.

The zone within which a lawfully existing dismantling facility on the effective date of this chapter is redesignated from a general manufacturing zone (M-2 zone) or heavy industrial (H-IND), to some other zoning classification that does not permit dismantling facilities.

B.

Legal nonconforming dismantling facilities may be maintained and continued in operation, provided there is no increase or enlargement of the area space, or volume occupied or devoted to such nonconforming use as provided in Chapter 18.60 (Nonconforming Uses) of this code. Except as otherwise provided in this code, nothing shall prevent the lease, sale, conveyance or transfer of the facility by the owner thereof.

(Ord. 1259 § 1 (part), 1997)

A.

Any dismantling facility which is established, conducted, operated or maintained in violation of the provisions of this chapter and title may be deemed a public nuisance and may be abated in the manner provided in Chapter 18.72 (Property Maintenance—Nuisances) of this code, or other provisions of this code or laws of the state of California.

B.

It is unlawful for any person, as owner, principal, agent or managing employee to permit a public nuisance to exist, or wilfully permit a dismantling facility to operate in absence of an approved CDP. Each and every day that a public nuisance continues to exist shall constitute a separate violation, pursuant to the provisions of Section 18.72.160.

C.

The CDP of any dismantling facility operating in violation of the provisions of this code may be revoked pursuant to the provisions of Chapter 18.66 of this title.

(Ord. 1259 § 1 (part), 1997)

A.

Except as provided in Section 18.103.050B of this chapter, it is unlawful for any person, firm, corporation or partnership to establish, maintain, operate or conduct a dismantling facility unless it is established, maintained, operated and conducted pursuant to a CDP issued and approved by the planning commission in full compliance with existing and applicable laws, codes and ordinances, including as a minimum the following:

1.

Such dismantling facility will be established, maintained, operated and conducted inside an enclosed building or buildings, or on premises entirely enclosed by a minimum eight foot high wall or other solid fencing material as approved by the planning commission, and constructed in accordance with the city's building requirements, and other applicable building laws, codes and ordinances. Adjacent dismantling facilities need not be separated by a wall or fence with consent of the planning commission.

a.

Building surfaces and all perimeter walls and fences shall be maintained in a safe condition, and kept free of graffiti.

b.

Such walls and fences shall contain locking gates with fire lock boxes in accordance with the requirements of the Rialto fire department. The gates need not be of a solid material. All gates shall be open during business hours. Because the gate will be open during business hours, a visual analysis shall be provided as part of the application for a CDP, illustrating the portions of the facility that may be visible through the gate opening during business hours.

c.

Vehicles, vehicle bodies, parts, chassis and recyclable units will not be accumulated, stacked or stored in excess of the height of the enclosing wall, unless such vehicles, vehicle bodies, parts, chassis or recyclable units are accumulated, stacked or stored on racks or in bins, or within an enclosed building, or are accumulated, stacked or stored not less than twenty-five feet from the enclosing wall. No storage of vehicles, vehicle bodies, parts, chassis or recyclable units shall be permitted outside of the enclosing wall, unless within an enclosed building. No tools, equipment, stored vehicles, vehicle bodies, parts, chassis, or recyclable units or debris shall be visible through the enclosing wall other than storage areas specifically permitted in an approved CDP, pursuant to review of the visual analysis required by subsection A1b of this section.

2.

All dismantling of vehicles, drainage of fluids, processing of vehicle parts, and storage of recyclable units or parts will be accumulated, stored or stacked so that no recyclable unit or part is touching a pervious ground surface, with the exception that whole bodies or parts of vehicles which have been drained of fluids and other hazardous liquid materials may be stored on pervious ground surfaces. All such dismantling, processing and storage activities, other than the storage of whole bodies or parts of vehicles which have been drained of fluids and other hazardous liquid materials, shall be conducted upon an impervious surface of asphaltic concrete, asphalt, or other impervious surfacing material which is approved in advance by the city engineer. Such surfaces shall be effective in protecting soil and groundwater from contamination of spilled or drained fluids. Adequate drainage, including retention basins, may be required as determined by the city engineer.

3.

All dismantling facilities shall be established, maintained, operated and conducted at all times in accordance with a fire access plan approved by, and in accordance with the requirements of the Rialto fire department. No storage, dismantling or recycling will be conducted in or upon any fire access lanes or fire access routes, except that such routes or lanes may be used to provide ingress and egress to any stored vehicles, vehicle bodies, parts, chassis or recyclable units, and to provide transportation routes to other locations within the dismantling yard. Except as specifically provided in this chapter, such lanes and routes shall be kept clear of all wrecked vehicles, vehicle bodies, parts, chassis or recyclable units at all times.

a.

Fire hydrants and water supply lines will comply with regulations adopted by the Uniform Fire Code for onsite fire protection, and to the requirements of the Rialto fire department.

b.

Portable fire extinguishers shall be placed upon the premises as approved by and directed by the Rialto fire department. Such portable fire extinguishers shall be kept in good operating condition at all times, and shall be certified annually.

4.

The storage of materials within dismantling facilities shall be so arranged that inspection or access to all parts of the premises can be had at any time by fire, health, environmental, police, and building and safety authorities.

5.

Dismantling facilities shall be established, maintained, operated and conducted with adequate security lighting installed upon the premises in accordance with the requirements of the department of development services or as provided by the planning commission as part of the required CDP.

6.

Adequate customer and employee parking shall be provided upon the premises of the dismantling facility in accordance with Chapter 18.58 (Off-Street Parking) of this code.

a.

No repair to any vehicle shall take place on any parking space unless such space is within an enclosed building, wall or fence, causing such repair activity to not be visible from the street, roadway or public right-of-way. If vehicle repair is to be conducted onsite, a specific area for such activities shall be designated on the required CDP.

7.

Dismantling facilities shall comply with the following environmental performance standards:

a.

Air Quality. Any operation which might cause smoke, dust, dirt, fly ash, charred paper, soot, grime, vapors, or other forms of air pollution or which can cause the soiling on other properties shall have the source of the contaminant muffled or controlled in a manner that will conform to the requirements of the South Coast Air Quality Management District.

b.

Electrical or Electronic Interference. Dismantling facilities shall not cause any source of electrical or electronic interference that adversely affects the operation of any equipment on any other parcel of real property, and which is not in conformance with the regulations of the Federal Communications Commission.

c.

Light and Glare. Unless intended as a part of a master lighting plan approved by the planning commission, no operation or activity, or any lighting fixture shall create illumination on any adjacent property or public street in excess of 0.5 footcandles, whether the illumination is direct or indirect light from the source. Glare levels shall be measured with a photoelectric photometer, following standard spectral luminous efficiency curves adopted by the International Commission on Illumination.

d.

Liquid and Solid Waste. All discharges of materials into any public or private street, storm drain, stream, body of water, or into the ground shall be in accordance with the adopted standards of the California Department of Health Services, Santa Ana Regional Water Quality Control Board, applicable NPDES permit, and the requirements of other governmental agencies having legal jurisdiction, in order to avoid contaminating water supplies, interfering with bacteriological processes in sewage treatment plants or otherwise creating a public health hazard.

i.

Refuse bins shall be provided in sufficient number and at convenient locations for regular refuse pickup, as approved by the department of community services. Other than trash cans located for the convenience of visitors and employees, all refuse shall be deposited into automatically closing bins, which shall be maintained in good working order.

ii.

Refuse storage areas shall not be used for storage of vehicle bodies, parts or recyclable units, and shall be maintained in a neat and orderly condition at all times.

e.

Maintenance of Open Areas. All open areas shall be landscaped, paved or treated pursuant to an approved CDP, and shall be maintained permanently in a dust free condition.

f.

Noise. No dismantling facility shall cause an exceeding of the following noise standards:

Table A

Noise Performance Standards (in dB)

Dismantling facilities shall not operate or permit to be operated any source of sound which causes the noise level, when measured at the property line, to exceed the following:

i.

The allowable noise level of the receiving land use specified in the above table for a cumulative period of thirty minutes or more in any hour;

ii.

The noise standard of the receiving land use as specified in the above table plus 5 dBA for a cumulative period of fifteen minutes or more in any hour;

iii.

The noise standard of the receiving land use as specified in the above table plus 10 dBA for a period of five minutes or more in any hour;

iv.

The noise standard of the receiving land use as specified in the above table plus 15 dBA for a period of one minute or more in any hour;

v.

The noise standard of the receiving land use as specified in the above table plus 20 dBA at any time.

g.

Odors. Dismantling facilities shall not emit gases or other odorous matter in such quantities as to be dangerous, injurious, noxious, or otherwise objectionable to a level that is detectable with or without the aid of instrumentation at or beyond the property line. Dismantling facilities shall conform to the applicable requirements of the South Coast Air Quality Management District.

h.

Vibration. Dismantling facilities shall not cause a steady state, earth-borne oscillation that is continuous and occurring more frequently than one hundred times per minute, beyond the property line. Ground vibration caused by operating vehicles and equipment moving about on the site, as well as by temporary construction or demolition pursuant to a valid permit approved by the city shall be exempt from this requirement.

i.

Water Quality. All runoff from storage, processing, repair and parking areas shall be drained so as to prevent groundwater and surface water contamination by fuel, oils, automotive fluids and solvents.

i.

In addition to the requirements of Section 18.103.070A2, drainage or removal of petroleum, gasoline, oil, or other flammable liquid, antifreeze, radiator water, brake, transmission or other hazardous fluids from any vehicle, part or recyclable unit located on the premises shall be in accordance with all applicable local, state, federal laws, codes and regulations.

ii.

All hazardous wastes, as defined by the Environmental Protection Agency of the federal government or state of California or any local agency, shall be adequately and properly stored, maintained and removed from the property in accordance with all applicable laws, code, and regulations.

(Ord. 1259 § 1 (part), 1997)

The remedies provided for in this chapter are cumulative and not exclusive of any other remedies provided by law.

(Ord. 1259 § 1 (part), 1997)

Any order, requirement, decision, determination, interpretation or ruling made by the planning commission or the Rialto property maintenance hearing board in the administration or enforcement of the provisions of this chapter may be appealed therefrom to the city council by any person aggrieved, or by an officer, board, department or bureau of the city pursuant to the provisions contained in Chapter 18.68 (Appeals) of this code.

(Ord. 1259 § 1 (part), 1997)

Every person who violates any provision of this chapter is guilty of a misdemeanor and may be imprisoned for a period not to exceed six months, or subject to a fine not to exceed one thousand dollars, or both such fine and imprisonment.

(Ord. 1259 § 1 (part), 1997)

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid, such provision shall be deemed a separate, distinct and independent provision; such decision shall not affect the validity of the remaining portions thereof.

(Ord. 1259 § 1 (part), 1997)