16.18.040 Equestrian and Agriculture Preservation.

   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)

16.18.050 Reserved.

16.18.060 Geologic/Seismic Hazards.

   A.   Investigation Required. In compliance with the provisions of the Alquist-Priolo Earthquake Fault Zoning Act (Public Resources Code, Section 2621, et. seq.) and the Safety Element of the city of Murrieta general plan , a geologic/soils investigation shall be required for any development proposal either located in an area where liquefaction, subsidence, landslide. and fissuring are considered hazards or involving structures for human occupancy within the earthquake fault zones shown on the maps prepared by the state of California department of Conservation. The maps delineating the earthquake fault zones and other geologic hazards are on file at the department.

   B.   Exemptions. Exemptions from the provisions of this section may be granted under the following circumstances:

      1.    The proposal involves single-family wood frame dwellings on parcels of land for which a geologic investigation has been previously prepared and approved.

      2.    The proposal is limited to an addition or alteration to a structure that does not exceed twenty-five (25) percent of the square footage of the structure prior to the proposed addition or alteration.

      3.    A waiver is granted based on a determination that there is no undue hazard of significant rupture. Waivers for proposals within the Wildomar and the Willard fault zones shall be submitted to and approved by the state geologist.

   C.   Requirements for Critical Facilities. Active faults may exist outside of identified hazard zones. Geologic investigations shall be required for the following critical uses:

      1.    Ambulance services;

      2.   Emergency operations centers (EOC's):

      3.    Hospitals and other emergency medical facilities;

      4.    Police, fire, and communications systems:

      5.    Power plants:

      6.    Sewage treatment plants;

      7.    Utility substations;

      8.    Water works;

      9.    Those uses which manufacture, handle, or store hazardous or explosive materials; and

      10.    Occupancy capacity for schools and other public assembly uses shall be the cumulative total of all buildings and facilities which are a part of, related to, the primary use, (e.g., a school auditorium, cafeteria, classrooms, etc.) which shall be added together to calculate occupancy capacity for a proposed school site.

   D.   Geologic Investigation. Geologic/soils investigations shall be prepared by a geologist or soils engineer registered in the state of California. The city has the option to require a second party review of the investigation by a geologist registered in the state of California who is either an employee or under contract to the city. The applicant shall be responsible for all associated review costs. The content of the geologic/soils investigation reports shall include: purpose and scope of investigation, geologic setting, site description and conditions, and methods of investigation, subsurface and geophysical investigations, conclusions and recommendations. Copies of all geologic investigations shall be kept on file at the department.

All investigations involving proposals within the Wildomar and the Willard earthquake fault zones shall be filed with the state geologist within thirty days following acceptance.

(Ord. 182 § 2 (part), 1997)

16.18.070 Hazardous Materials Storage.

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.

A minor conditional use permit is required pursuant to Chapter 16.52 (Conditional Use Permits) for the storage of hazardous materials in conjunction with an on-site primary use where quantities are in excess of the threshold(s) specified in the California Building and Fire Code(s).

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 and the Riverside County Department of Environmental Health.

   A.   Reporting Requirements. All businesses required by state law (Health and Safety Code, Section 6.95) to prepare hazardous materials release response plans shall submit copies of these plans, including any revisions, to the director at the same time these plans are submitted to the fire department and the Riverside County Department of Environmental Health.

   B.   Underground Storage. Underground storage of hazardous substances shall comply with all applicable requirements of state law (Health and Safety Code, Section 6.7; and Chapters 50 – 67 of California Fire Code and Sections 414 and 415 of the California Building Code). Businesses that use underground storage tanks shall comply with the following notification procedures:

      1.   Immediately notify the fire department of any unauthorized release of hazardous substances and take steps necessary to control the release; and

      2.   Notify the fire department and the director of any proposed abandoning, closing, or termination of operations of underground storage tank(s) and the lawful actions to be taken to dispose of any hazardous substances in accordance with all local, state, and federal codes and/or standards.

   C.   Aboveground Storage. Aboveground storage tanks for flammable liquids may be permitted at construction sites subject to the approval of the fire code official.

   D.   New Development. Structures subject to the provisions of this development code as well as all newly created parcels shall be designed to accommodate a setback of at least fifty (50) feet from any existing natural gas or petroleum pipeline. This setback may be reduced, only if the director can make one or more of the following findings:

      1.   The structure would be protected from the radiant heat of an explosion by berming or other physical barriers;

      2.   A fifty (50) foot setback would be impractical or unnecessary because of existing topography, streets, parcel lines, or easements; or

      3.   A containment system or other mitigating facility shall be constructed, and the city engineer finds that a leak would accumulate within the reduced setback area. The design of the system shall be subject to the approval of the city engineer and a fire code official approved by the fire protection engineer.

   For the purpose of this section, a pipeline is defined as follows:

      1.   A pipe with a nominal diameter of six inches or more that is used to transport hazardous liquid, but does not include a pipe used to transport or store hazardous liquid within a refinery, storage, or manufacturing facility; or

      2.   A pipe with a nominal diameter of six inches or more operated at a pressure of more than two hundred seventy-five (275) pounds for each square inch that carries gas.

   E.   Notification Required. A subdivider of a development within five hundred (500) feet of a pipeline shall notify a new/potential owner at the time of purchase and at the close of escrow of the location, size, and type of pipeline.

(Ord. 610-24 § 3, 2024; Ord. 430-10 § 1, 2010; Ord. 182 § 2 (part), 1997)

16.18.080 Height Measurement and Height Limit Exceptions.

All structures shall meet the following standards relating to height, except for fences and walls, which shall comply with Chapter 16.22 (Fences, Hedges, and Walls).

   A.   Maximum Height. The height of structures shall not exceed the standard established by the applicable zoning district in Article II (Zoning Districts and Allowable Land Uses). Maximum height shall be measured as the vertical distance from finish grade to an imaginary plane located the allowed number of feet above and parallel to the finish grade.

FIGURE 3-1
HEIGHT MEASUREMENT

   B.   Structures on Sloping Parcels. Where the average slope of a parcel is greater than one foot rise or fall in 7 feet of distance from the street elevation at the property line, structure height shall be measured in compliance with Chapter 16.24 (Hillside Development).

   C.   Exceptions to Height Limits. Exceptions to the height limits identified in this development code shall apply in the following manner:

      1.   Roof-mounted Features. Roof-mounted features including chimneys, cupolas, clock towers, elevator equipment rooms, equipment enclosures, and similar architectural features shall be allowed, up to a maximum of fifteen (15) feet above the allowed structure height. The total square footage of all structures above the heights allowed in the zoning districts shall not occupy more than twenty-five (25) percent of the total roof area of the structure. Greater height or area coverage may be allowed subject to the approval of a minor conditional use permit in compliance with Chapter 16.52.

      2.   Parapet Walls. Fire or parapet walls may extend up to four feet above the allowable height limit of the structure.

      3.   Public Assembly, Hotels, Class "A" Office and Public Structures. Places of public assembly including churches, schools, assembly halls, Class "A" office buildings greater than three (3) stories, hotels and other similar structures may exceed the established height limit by one (1) foot for every two (2) feet that the minimum required front, rear and side yard setbacks are increased. The increase in the front, rear and side yard setbacks is determined by averaging the total of the increased building setbacks at the closest point on all sides. The maximum additional height allowed is thirty (30) feet above the height limit established for the applicable zoning district. This exception shall not apply when the site is adjacent to single-family zoned property. This exception may be used in conjunction with the height exception for rooftop equipment.

   4.   Telecommunications Facilities. Telecommunication facilities, including antennae, poles, towers, and necessary mechanical appurtenances, may be authorized to exceed the height limit established for the applicable zoning district, subject to the approval of a conditional use permit in compliance with Chapter 16.52.

(Ord. 412 § 3, 2008; Ord. 337 § 7, 2005; Ord. 182 § 2 (part), 1997)

16.18.100 Lighting.

   A.   Exterior Lighting. Exterior lighting shall be:

      1.   Architecturally integrated with the character of adjacent structure(s);

      2.   Directed downward and shielded so that glare is confined within the boundaries of the subject parcel;

      3.   Installed so that lights not blink, flash, or be of unusually high intensity or brightness.

      4.   Appropriate in height, intensity, and scale to the uses they are serving. Outside and parking lot lighting shall not exceed 0.3 footcandles at residential property lines.

   B.   Security Lighting. Security lighting shall be provided at all entrances/exits, to structures in multi-family zoning districts and nonresidential zoning districts. The minimum illumination shall be two-foot candles at ground level in front of the entrance/exit.

   C.   Shielded Lighting. Light sources shall be shielded to direct light rays onto the subject parcel only. The light source, whether bulb or tube, shall not be visible from an adjacent property. This section does not apply to residential uses, sign illumination, traffic safety lighting, or public street lighting.

(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

16.18.110 Mount Palomar Lighting Standards.

   A.   Purpose. The purpose of this section is to restrict the use of certain light fixtures emitting into the night sky undesirable light rays that have a detrimental effect on astronomical observation and research. This section is not intended to restrict the use of low pressure sodium lighting of single family dwellings for security purposes.

   B.   Approved Materials and Methods of Installation. This section is not intended to prevent the use of any design, material, or method of installation not specifically prohibited, provided the alternate has been approved by the director. The director may approve a proposed alternate if it:

      1.   Provides at least approximate equivalence to the applicable specific requirements of this section; and

      2.   Is otherwise satisfactory and complies with the intent of this section.

   C.   Definitions.

      Outdoor Light Fixtures. Outdoor artificial illuminating devices, installed or portable, used for floodlighting, general illumination, or advertisement. Devices shall include search, spot, and floodlights for:

      1.   Buildings and structures;

      2.   Recreational facilities;

      3.   Parking lots;

      4.   Landscape lighting;

      5.   Outdoor advertising displays and other signs;

      6.   Street lighting on private streets; and

      7.   Walkway lighting.

      Class I Lighting. Outdoor lighting used for outdoor sales or eating areas, assembly or repair area, outdoor advertising displays, and other signs, recreational facilities and other similar applications when color rendition is important.

      Class H Lighting. Outdoor lighting used for illumination for walkways, private roadways and streets, equipment yards, parking lot and outdoor security.

      Class III Lighting. That lighting not needed for Class 1 or Class II purposes and used for decorative effects. Examples of Class III lighting include, the illumination of flag poles, trees, fountains, statuary, and building walls.

      Dark Sky Zone. The circular area thirty (30) miles in radius centered on the Palomar Observatory. Fully Shielded. Outdoor light fixtures shielded or constructed so that light rays emitted by the fixtures are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted.

      Partially Shielded. Outdoor light fixtures designed or constructed so that ninety (90) percent of the light rays emitted by the fixture are projected below the horizontal plane passing through the lowest point of the shield.

      Luminaire. A complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to the power supply.

   D.   General Requirements. The following standards apply within the dark sky zone.

      1.   Preferred Source. Low-pressure sodium lamps are the preferred illuminating source.

      2.   Shielding. All nonexempt outdoor light fixtures shall be shielded as required in subsection E, below.

      3.   Hours of Operation. All nonexempt outdoor light fixtures are subject to the provisions of subsection G, below, regarding hours of operation.

      4.   Outdoor Advertising Display. Lighting fixtures used to illuminate an outdoor advertising display shall be mounted on the top of the advertising structure. All fixtures shall comply with the lamp source and shielding requirements of subsection E below, and the prohibitions of subsection G.

   E.   Requirement for Lamp Source and Shielding. The requirements for lamp source and shielding of light emissions for outdoor light fixtures shall be as provided below:

Lamp Type	Palomar Lighting Zone
Class I - Color Rendition Important
Low Pressure Sodium	Allowed
Others above 4050 Lumens	Allowed if fully shielded
Others 4050 Lumens and below	Allowed
Class II - Parking Lots, Walkways, Security
Low Pressure Sodium	Allowed
Others above 4050 Lumens	Prohibited
Others 4050 Lumens and below	Allowed
Class III - Decorative
Low Pressure Sodium	Allowed
Others above 4050 Lumens	Prohibited
Others 4050 Lumens and below	Allowed

 

NOTE: When lighting is allowed by this section, it shall be fully shielded and shall be focused to minimize the spill light into the night sky and onto adjacent properties.

   F.   Submission of Plans and Evidence of Compliance. The application for any required approval for work in the dark sky zone involving nonexempt outdoor light fixtures shall include evidence that the proposed work will comply with the requirements of this section. The submission shall contain the following:

      1.   The location of the site where the outdoor light fixtures will be installed;

      2.   Plans indicating the location and type of all outdoor fixtures on the site and the lighting patterns resulting therefrom;

      3.   A description of the outdoor light fixtures including manufacturer's catalog cuts and drawings. The above required plans and descriptions shall be submitted as part of the building plan check process and shall be sufficiently complete to enable the city to readily determine the compliance with the requirements of this section.

   G.   Prohibitions.

      1.   All Class I lighting shall be off between eleven (11:00) p.m. and sunrise, except as follows:

         a.   On-premise advertising signs may be illuminated while the business facility is open to the public.

         b.   Outdoor advertising displays may remain lighted until midnight;

         c.   Outside sales, commercial, assembly, repair, and industrial areas may be lighted when these areas are actually in use; and

         d.   Outdoor recreational facilities may remain lighted to complete recreational activities that are in progress and under illumination in compliance with this section at eleven (11:00) p.m.

      2.    All Class II lighting may remain on all night.

      3.    All Class III lighting shall be off between eleven (11:00) p.m. and sunrise.

      4.    Operation of searchlights for advertising purposes is prohibited.

   H.   Permanent Exceptions.

      1.   Noncompliance. All outdoor light fixtures existing and legally installed prior to the effective date of this development code are exempt from the requirements of this section; and

         a.   When existing luminaries are reconstructed or replaced, the reconstruction or replacement shall be in compliance with this section; and

         b.   Subsection G regarding hours of operation shall apply.

      2.    Fossil Fuel Light. All outdoor light fixtures producing light directly by combustion of fossil fuels (e.g., kerosene lanterns, and gas lamps) are exempt from the requirements of this section.

      3.   Holiday Decorations. Lights used for holiday decorations are exempt from the requirements of this section.

      4.   Emergency Exemptions. Portable temporary lighting used by law enforcement or emergency services

personnel to protect life or property are exempt from the requirements of this section.

      5.   High pressure sodium vapor (HPSV) lights may be used on public arterial and collector streets.

(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)