Article III - Site Planning and General Development Standards
16.18.010 Purpose and Applicability.
16.18.020 Access.
16.18.030 Air Quality.
16.18.040 Equestrian and Agriculture Preservation.
16.18.050 Reserved.
16.18.060 Geologic/Seismic Hazards.
16.18.070 Hazardous Materials Storage.
16.18.080 Height Measurement and Height Limit Exceptions.
16.18.100 Lighting.
16.18.110 Mount Palomar Lighting Standards.
16.18.120 Screening and Buffering.
16.18.130 Separation and Privacy Standards for Residential Structures.
16.18.140 Setback Regulations and Exceptions.
16.18.150 Solid Waste/Recyclable Materials Storage.
16.18.160 Street Design and Improvements.
16.18.170 Undergrounding of Utilities.
16.18.180 Vibrations.
A. Purpose. The purpose of this chapter is to ensure that all development produces an environment of stable and desirable character that is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties, consistent with the general plan.
B. Applicability. The standards of this chapter apply to more than one zoning district (e.g., residential, commercial, manufacturing, etc.), and therefore, are combined in this chapter. These standards shall be considered in combination with the standards for each zoning district in Article II (Zoning Districts and Allowable Land Uses). Where there may be a conflict, the standards specific to the zoning district shall override these general standards.
All structures, additions to structures, and uses shall conform to the standards of this chapter as determined applicable by the director, except as specified in Chapter 16.32 (Nonconforming Uses, Structures, and Parcels).
(Ord. 182 § 2 (part), 1997)
A. Access to Streets. Every structure shall be constructed upon or moved to a legally recorded parcel with a permanent means of access to a public street or road, or a private street or road, conforming to city standards. All structures shall be located to provide safe and convenient access for servicing, fire protection and required off-street parking. Parcels located on a private street or road that were legally established prior to the effective date of this development code, are exempt from the required compliance with the latest adopted city standards for private streets or roads.
B. Access to Structures.
1. Accessory structures and architectural features shall be provided so that they do not obstruct access to primary structures or accessory living quarters. Also refer to Section 16.44.150 (Residential Accessory Structures and Uses).
2. Fences and walls shall provide an access gate or other suitable opening at least forty-eight (48) inches in width to provide access to primary or accessory structures.
(Ord. 182 § 2 (part), 1997)
A. Air Pollution. Sources of air pollution shall comply with rules set forth by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, the Southern California Association of Governments, and the South Coast Air Quality Management District's (SCAQMD) Rules and Regulations and Final Air Quality Management Plan. No person shall operate a regulated source of air pollution without a valid operation permit issued by the SCAQMD. Uses, activities, or processes that require SCAQMD approval of a permit to operate shall file a copy of the permit with the department within thirty (30) days of its approval.
B. Dust and Dirt. Land use activities that may create dust emissions (e.g., construction, grading, etc.) shall be conducted to create as little dust or dirt emission beyond the boundary line of the parcel as possible including, but not limited to, the following:
1. Scheduling. Grading activities shall be scheduled to ensure that repeated grading will not be required, and that implementation of the proposed land use will occur as soon as possible after grading;
2. Operations During High Winds. Clearing, earth-moving, excavation operations, or grading activities shall cease when the wind speed exceeds twenty-five (25) miles per hour averaged over one hour;
3. Area of Disturbance. The area disturbed by clearing, demolition, earth-moving, excavation operations or grading shall be the minimum required to implement the allowed use;
4. Dust Control. During clearing, demolition, earth-moving, excavation operations, or grading, dust emissions shall be controlled by regular watering, paving of construction roads, or other dust-preventive measures (e.g., hydroseeding, etc.), subject to the approval of the city engineer.
a. Material(s) excavated or graded shall be watered to prevent dust. Watering, with complete coverage, shall occur at least twice daily, preferably in the late morning and after work is done for the day.
b. Material(s) transported off-site shall be either sufficiently watered or securely covered to prevent dust.
5. On-site Roads. On-site roads shall be paved as soon as feasible. During construction, roads shall be watered periodically, and/or shall be chemically stabilized; and
6. Revegetation. Graded areas shall be revegetated as soon as possible to minimize dust and erosion. Portions of the construction site to remain inactive longer than three months shall be seeded and watered until grass cover is grown and maintained, subject to the discretion of the city engineer.
C. Exhaust Emissions. Construction-related exhaust emissions shall be minimized by maintaining equipment in good running condition and in proper tune in compliance with manufacture's specifications. Construction equipment shall not be left idling for long periods of time.
D. Odor Emissions. Noxious odorous emissions in a matter or quantity that is detrimental to or endangers the public health, safety, comfort, or welfare is declared to be public nuisance and unlawful, and shall be modified to prevent further emissions release.
(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
A. Purpose. It is in the public interest to preserve the city's rural equestrian and agricultural character and to protect equestrian facilities, kennels and agricultural operations as a high-community priority while minimizing conflicts with new urban development. The intrusion of urban development often leads to restrictions on equestrian, kennel and agricultural operations to the detriment of the equestrian and rural agricultural uses. The purposes of this section are to:
1. Preserve and protect, those lands where agricultural uses and the keeping of livestock are allowed;
2. Support and encourage continued agricultural operations in the city: and
3. Notify prospective purchasers, residents and tenants of property adjoining or near agricultural operations, including the keeping of livestock (including, but not limited to, kennels). of the inherent conflicts associated with the purchase of the residence including the presence of chemicals, dust, light, noise, odors. and traffic that may occur near agricultural operations.
B. Relationship to Nuisance.
1 . Properties with existing horses or livestock in areas that allowed the keeping of animals at the time of adoption of this development code shall have the right to maintain the animals in the same manner not withstanding health and safety issues. New development shall bear the responsibility for providing appropriate buffers or setbacks between the existing development and the new development. No agricultural or livestock use shall become a nuisance to adjacent land uses, when the use was not a nuisance at the time it was established.
2. This section shall not be construed as modifying existing laws relative to nuisances, but is only to be utilized in the interpretation and enforcement of the provisions of this development code.
C. Disclosure by Subdivider. The subdivider of any property located within five hundred (500) feet of land utilized or zoned for agricultural use shall disclose, through a notation on the final map of the subdivision, within conditions, covenants and restrictions (CC&Rs), if prepared, and through the recordation of a separate acknowledgment statement, the presence of agricultural and appurtenant uses in the proximity through the following, or similar statement:
"The property(ies) within this subdivision is(are) located within five hundred (500) feet of land utilized or zoned for agricultural operations and residents/occupants of the property may be subject to inconvenience or discomfort arising from use of agricultural chemicals, including, but not limited to, acaricides, fertilizers. fungicides, herbicides. insecticides, and rodenticides; and from pursuit of agricultural operations, including crop production and processing, and the keeping and raising of animals which may generate dust, light, noise, odor, and traffic. The city has adopted policies to encourage and preserve agricultural uses and operations in the vicinity of the city. Residents/occupants of property(ies) within this subdivision should be prepared to accept inconveniences or discomfort as normal and necessary to agricultural operations."
D. Disclosure Prior to Issuance of Building Permits. Where a new structure intended for human occupancy is to be located on property which is located within five hundred (500) feet of land utilized or zoned for agricultural use, the owner(s) of the property shall, prior to issuance of a building permit, be required to sign and re-cord a statement in a form similar to that specified in subsection A (Disclosure by Subdivider) above. In lieu of signing the statement required above, the owner(s) may submit evidence that the statement in subsection A above, has been made a part of subdivision documents creating the parcel on which the structure is to be located.
(Ord. 253 § 2 (part): Ord. 182 § 2 (part), 1997)
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