17.03.130.1 Purpose of chapter. The purpose of this chapter is to establish standards that allow for the use of designated open spaces for purposes that do not interfere with their open space functions and to establish standards for maintaining a quality living environment by limiting the noise, vibration, light, and glare associated with land uses in the city.

17.03.130.2 Application of chapter.

A.

Generally.

1.

This chapter provides standards that relate to the use of tracts of land that are designated as open space and to the operation of land uses.

2.

Other city, state or federal environmental standards may also apply to certain uses. Applicants for approval of development that requires permitting under state or federal law shall provide copies of the required state or federal permits to the city. All activities subject to environmental regulations of the State of California shall follow the city's adopted environmental procedures.

B.

Open space. Use of common open space is limited in Section 17.03.140, Uses in open space, which establishes standards that allow for the economic and/or recreational use of the open space areas.

C.

General environmental standards. Section 17.03.150, General environmental standards, establishes standards for noise, vibration, light and glare.

(Ord. No. 244-21, § 1, 7-21-2021)

17.03.140.1 Uses and function of open space.

A.

Generally. This section sets out the uses that are allowed in areas that are designated as open space to meet the requirements of Subsection 17.02.080.1, Residential development area and density standards, and Subsection 17.02.100.2, Nonresidential open space and building scale, during the development approval process.

B.

Permitted uses and functions. Open spaces may be put to the following uses or functions, subject to any applicable standards of this chapter:

1.

Landscaped or natural areas;

2.

Open water;

3.

Floodplains and floodways;

4.

Wetlands;

5.

Passive recreation;

6.

Golf courses, ball fields, and other active outdoor recreation;

7.

Play courts, provided that impermeable court surfaces cover not more than fifteen percent of the area of open space;

8.

Stormwater detention and retention areas;

9.

Agriculture or orchards, provided that there is a fifty-foot wide landscaped buffer between the agriculture or orchard and other uses; and

10.

Apiaries, provided that they are set back at least three hundred feet from residential, commercial, recreation and institutional uses.

17.03.140.2 Identification of open space.

A.

Generally. All boundaries of open space shall be identified as open space parcels on a final map or site plan.

B.

Posting of open spaces. Open spaces that are delineated in order to protect natural resources or to be otherwise left in a natural state shall have their boundaries with lots or rights-of-way identified with signs placed on the center of each lot line, or every three hundred thirty feet (four per quarter-mile), whichever is less. The signs and their locations shall be approved with the final map or site plan and shall meet the specifications of this section.

1.

Sign dimensions: Thirty inches × eighteen inches.

2.

Sign height: Three feet.

3.

Identification requirements: The sign shall identify the open space area, the entity dedicating or preserving the area, and whether mowing or cutting is allowed, as follows:

a.

For publicly dedicated areas:

b.

For privately managed areas:

17.03.140.3 Maintenance of open space.

A.

Ownership. Open space that is preserved pursuant to a mitigation requirement shall be placed in a conservation easement, and may be owned in one of the following ways, or a combination thereof:

1.

As common land by homeowners', condominium, or property owners' associations, with a conservation easement dedicated to all property owners within the association;

2.

By a single landowner, with the conservation easement dedicated to the city;

3.

By a public agency (by dedication), provided such agency shall have the final decision to accept and the right to refuse such offers of dedication;

4.

By a city-approved, private, nonprofit organization that is capable of managing the open space with a conservation easement dedicated to the nonprofit organization and to the owners of rest of the property in the development; or

5.

By a duly recorded covenant of easement whereby the city is a party to the easement.

B.

Maintenance. Under any arrangement, the conservation easement shall require the maintenance of such areas as indicated on the approved final map or site plan. The city shall have the right under such conservation easements to maintain the area and place a lien on the property to recover its costs, and may otherwise pursue the recovery of such costs.

(Ord. No. 244-21, § 1, 7-21-2021)

17.03.150.1 Noise.

A.

Maximum noise level. No use shall exceed the noise level indicated in Table 17.03.150.1, Maximum Noise Levels, measured at any property line:

B.

Illustrative noise levels. For illustrative purposes only, Figure 17.03.150.1, Illustrative Noise Levels, shows how the limitations relate to common noises:

C.

Most restrictive standards apply. Where different uses or zoning adjoins the subject property, the most restrictive noise level standard shall apply. The standard must be met not only on abutting properties, but also where a district boundary is not also a property boundary.

D.

Barriers and structures. Barriers or structures may be used to meet noise reduction. If used to meet these standards, they shall be certified by a registered acoustical engineer as meeting these standards. The actual elevation of noise sources on the property shall be used in the model.

E.

Exceptions. The following are excepted from the standards of this section:

1.

Noises emanating from construction activities between the hours of 7:00 a.m. and 7:00 p.m. that are temporary in nature.

2.

Transient noises from moving vehicles, such as trucks and automobiles or trains.

3.

Noise emanating from a site that is occasional and/or temporary in nature, such as lawn and landscaping maintenance, and loading and unloading, that takes place between the hours of 7:00 a.m. and 7:00 p.m.

4.

Agricultural equipment and operations.

5.

Emergency warning devices and equipment operated in conjunction with emergency situations, including the routine testing of such warning devices during daytime hours.

6.

Exceptions to the decibel limits during a power outage or emergency:

a.

Health/Medical Needs: For those with a health or medical need, a reasonable accommodations request shall be approved by, and filed with, the City for use of the generator to exceed this noise standard up to seventy-five decibels at the property line during any power outage period or emergency.

b.

Residential Uses: During a prolonged power outage period or emergency, generators for residential uses shall comply with setback standards of the underlying zoning district, are limited to seventy-five dB at the property line and be placed in an area that is reasonably practical for the homeowner that is least disruptive to neighbors. Generators supporting residential uses should be shut off when not critically needed in order to minimize the disturbance to neighbors and in particular, should not run during the hours of 10:00 p.m. to 7:00 a.m., except as required to manage food spoilage. Generators are to be shut off immediately upon restoration of power.

c.

Commercial Uses: During a prolonged power outage period or emergency, generators for commercial uses may be operational twenty-four hours per day, are limited to seventy-five dB at the property line and should be shut off when not critically needed to minimize the disturbance of neighbors. Generators are to be shut off immediately upon restoration of power.

17.03.150.2 Vibration.

A.

Generally. No land use shall produce a perceptible vibration at the property line.

B.

Exceptions. This subsection does not apply to:

1.

Temporary construction activities;

2.

Agricultural equipment/operations;

3.

Vehicles on public streets; or

4.

Trains.

17.03.150.3 Light and glare.

A.

Generally. The maximum permitted illumination and the maximum permitted luminaire height shall conform to this subsection.

B.

Application. This subsection applies to all new lighting fixtures of the types that are listed in this subsection. The city may require the modification, removal, or limited operation of any existing lighting fixtures found to be a public hazard or public nuisance according to the criteria of this section.

C.

Design review. All new exterior light fixtures in projects subject to design review shall be consistent with the design review manual. May not be applicable to accessory or junior accessory dwellings (refer to Section 17.01.050.12) or priority residential infill development (refer to Section 17.01.050.16)

D.

Freestanding fixtures. Freestanding light fixtures shall comply with the requirements of Table 17.03.150.3A, Freestanding Fixture Requirements:

D.

Wall-mounted lighting. Wall-mounted lighting fixtures shall comply with the requirements of Table 17.03.150.3B, Wall-Mounted Fixture Requirements:

E.

Maximum illumination. All exterior lighting fixtures (freestanding or attached) shall comply with the following requirements:

1.

Outdoor lighting shall be deflected, shaded and focused away from adjacent properties and shall not be a nuisance to such adjacent properties. Where no-cut-off fixtures are allowed, areas where such fixtures are not allowed shall be protected in one or more of the following ways:

a.

The no-cut-off fixtures shall be set back a distance of two times the height of the fixture from the areas where such fixtures are not allowed; or

b.

Intervening buildings or landscaping shall buffer the view to the no-cut-off fixture from the areas where such fixtures are not allowed.

2.

Outdoor lighting shall be designed so that any overspill of lighting onto adjacent properties shall not exceed three-tenths foot candle, measured vertically, and three-tenths foot candle, measured horizontally, on adjacent properties.

3.

The ground level luminance ratio (the ratio between the luminance of the brightest point on the property and the darkest point on the property) shall not exceed twelve to one as measured in foot candles.

F.

Hazards. Criteria for finding illumination to be a public hazard are as follows:

1.

Light trespass or glare which is sufficiently intense or contrasts excessively with surrounding illumination, regardless of the intensity of the surrounding illumination, in a manner to cause impairment of visual performance or to distract from or impair the safe operation of a vehicle.

2.

Light trespass or glare that impairs a person's visual performance or ability to avoid obstacles in their path.

G.

Nuisance. Criteria for finding illumination to be a public nuisance are as follows:

1.

Light trespass or glare that deprives an owner or occupant of usual and reasonable use and enjoyment of their property.

2.

A high frequency and/or duration of periods when light trespass or glare is sufficient to interrupt or interfere with usual and reasonable use and enjoyment of a property.

3.

Light trespass or glare that causes visual discomfort or impairment of visual performance in a manner that deprives any person from the usual and reasonable enjoyment of the public streets and properties of the city.

(Ord. No. 244-21, § 1, 7-21-2021; Ord. No. 248-22, § 1(Exh. A), 10-19-2022)