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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)
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)
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
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)
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)
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)
This section provides standards for the screening and buffering of adjoining land uses, equipment and outdoor storage areas, and surface parking areas. Multi-family and nonresidential land uses shall comply with the requirements of this section.
In addition to the screening and buffering requirements contained in this section, the applicable standards and requirements contained in Sections 16.10.030 (Commercial Districts Design Standards), 16.12.030 (Industrial Districts Design Standards) and Section 16.34.100B (Standards for Off-Street Loading Areas) shall also apply.
A. Screening Between Different Land Uses. An opaque screen consisting of plant material and a masonry wall, a minimum of six feet in height, shall be installed along parcel boundaries whenever a commercial development adjoins a residential zoning district. Pedestrian access gates may be provided between the commercial properties and abutting common open areas within residential developments. Walls shall be architecturally treated on both sides, subject to the approval of the director.
B. Mechanical Equipment, Utility Services, Loading Docks, and Refuse Areas. The manner and adequacy of the screening for mechanical equipment, utility services, loading docks and refuse areas shall consider the adjacent structures, land uses and zoning, as well as the overall site and building design.
1. All building-mounted and ground-mounted mechanical equipment and utility services (air conditioning, heating, cooling, elevator shafts, ventilation ducts and exhaust, equipment panels, etc.) shall be adequately screened from view in all horizontal directions as determined by the Director and in accordance with the following standards:
a. The screening method shall be architecturally compatible and integrated with the site development in terms of design, materials, color, form, architectural style and landscaping.
b. At a minimum, adequate screening shall be based on a line-of-sight in all directions from a point (5) feet above the grade of the building finished floor at a distance of six-hundred and sixty (660) feet as illustrated by Figure 18.120-1 on the following page.
c. Line-of-sight details shall be prepared by a qualified draftsperson, licensed contractor, licensed architect, registered civil engineer or licensed land surveyor and provided to the City.
2. Loading docks and refuse collection areas shall be screened from view in accordance with the following standards:
a. Except as provided in Section 16.12.030, all loading docks and refuse collection areas shall be screened from public view from abutting public streets and rights-of-way and from view of abutting property zoned or developed as residential or zoned open space.
b. The screening method shall be architecturally compatible with other site development in terms of materials, color, form and architectural style. Landscaping shall be incorporated adjacent to walls at the discretion of the director.
C. Outdoor Storage and Work Yards. Uses with outdoor storage of materials, recycling facility-processing centers, waste resource and waste recycling operations, and similar uses shall comply with the following:
1. Outside storage and work areas shall be screened with a solid sight-obscuring masonry wall not less than six feet, or more than eight feet, in height, of a type and design approved by the director. The wall shall include sight-obscuring gates. The wall and gate(s) shall be continuously maintained in good repair; and
2. Site operations in conjunction with outdoor uses, including the loading and unloading of materials and equipment, shall be conducted entirely within a walled area.
D. Outdoor Building and Garden Supply Areas. Outdoor building and garden supply areas shall be screened with walls, fencing, meshing, landscaping, or similar material to minimize visibility of the storage area and to encourage maintenance of the areas in a clean, orderly manner.
E. Parking Areas Abutting Public Streets and Rights-of-Way. An opaque screen shall be installed along parking areas abutting public streets and rights-of-way. The screening shall have a height of not less than thirty (30) inches and not more than forty-two (42) inches at maturity. Where the finished elevation of a parking area is lower at the boundary line than an abutting property elevation by at least twenty-four (24) inches, the change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the requirements of this subsection.
The opaque screen shall consist of one, or a combination, of the following:
1. Landscaped Berm. A berm constructed of earthen materials and landscaped to form an opaque screen;
2. Fences. A solid fence constructed of wood, or other materials a minimum nominal thickness of two inches to form an opaque screen; and/or
3. Walls, Including Retaining Walls. A wall of concrete, block, stone, brick, tile, or other similar type of solid masonry material, a minimum of six inches thick. (Ord. 440-10 § 1, 2010; Ord. 182 § 2 (part), 1997)
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