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HomeMy WebLinkAboutOrd. No. 1972-514-515ORDINANCE N0. 514 AN ORDINANCE OF THE CITY OF EI:SINORE, CALIFORNIA, AMENDING ORDINANCE N0. 349 (ZONING ORDINANCE) BY CREATING_A NEW ZONE TO BE KNOWN AS M-Q (MINERAL QUARRY). THE MAYOR AND THE CITY COUNCIL OF THE CITY OF~ELSIRORE, CALIFORNIA, DO ORDAIN AS FOLLOWS: Section l: a. Intent and Purpose To permit the. economic extraction and processing of such materials as rock, sand, gravel,,decomposed granite and clay. To establish reasonable and uniform limitations, safeguards and controls including performance standards and special development standards to minimize detrimental effects of quarrying and related operations on adjacent properties and the community. To allow for inter+irn utility of land scheduled for quarrying, provisions have been made for open land type commercial and industrial uses. b. Principal Uses and Structures Permitted Any sand, gravel, clay and rock excavation, crushing, batching,'manufacturing, transportation or storage of materials, products and equipment, with the following specifications: Quarry uses shall be operated in conformance with performance standards set forth in Article II (Performance Standards.for Zone MQ - Industrial, Quarry). . Si is Site plaro showing landscaping, access and parking areas for quarry uses shall be_submitted for approval to the Zoning Administrator, Commercial uses listed in this section, accessory uses in Section and Conditional Uses in Section and are not subject to the general Performance Standards, but shall be subject to indicated provisions. Section 2: a. Access to property which is in a zone less,regtrctive than MH provided that: No,other access to such property is available; Such access will-not alter the character of the premises with respect to permitted used in Zone MQ; and, Site plan is approved by the Zoning Administrator. Agricultural equipment, sales or rentals. Air pollution sampling station. Athletic Fields. Automobile laundry and car wash. Automobile rental agencies. Automobile sales, new and used. Automobile service stations. b. Bicycle, scooter. and similar vehicle sales, service and rentals.. Boat and other marine sales. Building materials, sale of. c. Contractor's equipment, sale and rental of. Contractor's yar, including plumbing, heatigg, electrical, roofing, building and other similar contractors. d. Equipment rental services. e. Feed and grain sales. First aid stations. f. Geological exploratory core hole, temporary, provided a site plan is approved by the Zoning Administrator. Golf driving ranges. Greenhouses. g. Lumber yards. h. Microwave stations. i. Nurseries, plant, including growing of nursery stock. j. Parking lots. Parks and playgrounds private. Pest cohtkol services. ;:, , :- Plumbing shops. Public works maintenance and storage yards. k. Refreshment stands. Railroad rights-of-way. 1. Skating rinks, outdoor. Sightseeing agencies, including bus storage. m. Tile sales. ..,,;Trailer sales and rentals. Truck sales and rentals. Truck Storage. n. Utilities and public service uses, such as the following: Water filtration plants. Water pumping stations. Water reservoirs. Water company service and storage yards. o, Other uses which the Zoning Administratior may determine fall within the intent and purpose of the •Zone, a're'of a comparable nature to uses enumerated in this Article, and will not be detrimental to property in the vicinity. ~ '- Section 3: Accessory Uses and Structures Permitted. ~- a; Accessory buiid~ings or structures, required for the 'storage and:weigh'tr~ga ,:, of rock, sand, gravel, crops, products, material, equipment or uses ~ lawfully permitted or produced on the premises, including but not limited to silos, tank houses, buildings or shelters for quarry, farm, or indust- rial equipment, machinery or supplies. - - • b. Offices. c. Repair shops. Residence, Ca retaker'•s, with the following specifications: The legally established use requires the continuous supervision of a caretaker, superintendent or watchman. ' To be occupied only by such persons and their families. d. Sales outlets. Storage, open, of materials and equipment Section 4: Uses and Structures Prohibited a. Churches, tempies an"d other places of religious worskip. b. Dwelling units, ekcept as provided io S'ection 3c (Caretaker's Residence). c. Hotels. d. Motels, e. Slaughtering of ahimals.' ' Schools, elementary or high, public or private. Signs, offsite (outdoor advertising).- - f. Uses or structures not of a nature specifically permitted herein, and any industrial use or structure not .meeting the performance standards for Zone MQ. ' ~ to Commi'ssi'on APPrOVaI' a. Heliports, helistops and V/Stol landing fields. b. Land reclamation and solid fill projects. c. Race tracks, except a race track used exclusively for contests of speed, skill or endurance_b~tween human beings. d. Sewage treatment and disposal plants. a. Animals, including cattle, horses, fish, fowl and poultry; breeding, raising, training and housing of, including sale of stock lawfully . produced on premises, but not including cattlefeed,yards or dairies. Automobile dismantling yards. Automobile impound yards. b. Batching and mixing plants for asphaltic concrete. c. Junk and salvage yards. d. Livestock sales yards. e. Riding academies and stables for. the boar~ing_of horses.,; ,,,, , Section 7: Development Standards a. Zone area, minimum - 5 acres. b. Zone width, minimum - 150 feet. c. Lot area,.mi;nimum - 20,000 square fee;. d. Lot width, minimum - 70 feet. e. Front yard, minimum for structures,.equipment and, pits r 100: feet. f,,Side yard, minimum for structures, equipment and pits: Adjoining an,MQ Zone.- none.. Adjoining other non-residential zones - 50 feet. Adjoining residential zones - 250. feet.,, , g• Rear yard, minimum for structures, equipment and pits: Adjoining an MQ Zone - none. Adjoining other non-residential zones - 50 ,feet. Adjoining residential zones - 250 feet. h. Building bulk and height limits., Height, maximum - 6 stories or 90 feet. i. Parking, off-street. j. Signs, onsite. Signs, identification, with the following specification; Number,.maximum, of dentificatiort signs for each building or occupancy -2 A Area Computation - One square foot of sign area for each 1,00 square feet of building area. Sign area allotment for buildings having less than 12,00 square feet in floor area or for lots with no buildings - 120 square feet. Area, maximum, for each single-face sign,- 120 square feet. . Area, maximum, for each double-face sign - 60 square feet. Height, maximum, for free-standing signs - 30 ;feet. Signs, zone notice: Within 90 days of the establishment of an MQ Zone, and Eontinuously Thereafter, the outer boundaries of the total zoned area shall be posted wi h signs conveying :the message,, '!Quarry Zone",, and in letters not less than one inch in height, the message, '!This property may be used for the extraction and processing of rock, sand, gra el, decomposed granite, clay and similar materials,by;Ordinance,- City of Elsinore". Number - as many as shall be posted at each change of direction of the. outer boundary lines of the zone and displayed in such manner as to give reasonable notice to passers-by. Area, maximum, each sign - 4 square feet. Distance between signs, maximum - 500 feet..- Height, maximum - 6 feet. Section 8 Soecial Standards and Conditions a. Walls. - Each lot and parcel adjoining a:residential masonary wall between 5 and 6 feet in height common lot lines.. a. Location of Access Roads. zone shall have a solid installed along the :~ Access roads to any premises shall be at points determined.by the Council and shall be constructed. and maintained in accordance with the pavement standards of a local public s reet or highway fora distance of not less than 50 feet. Adequate sight distance shall be maintained for traffic safety in compliance with standards and requirements of the Board of Public Works. b. Maintenance of Access Roads. All private roads shall be watered down while being used or shall be oiled or hard-surfaced and maintained so as to prevent the dispersion of. dust.- c. Final Grading Plan. A final.+grading:p an shall be submitted ao the -0epartment of Building •-.and safety, showing the existing ground elevations of the siet, of the land immediately adjacent thereto, and of al) bounding streets and high- ways. Exposed land areas shall not have slopes greater that 2 to 1. d. Slope of Pit Wa lls..- No production from an open pit-shads be.permitted-:which creates a slope s-teeper than one foot horizontally to one foot vertically. e. Enclosure of Excavations. As excavation..is initiated and expanded,. property used for quarry purposes shall be completely enclosed by a minimum six-foot-high chain link fence including necessary-.gates,. surmounted by 3:5trands of barbed wire, along the pit or quarry sites. Such barbed wire shall be not less than 6 inches apart and mounted at a 45 degree angle from the fence, facing away from .the excavation. However, no fencing shall be required on any proper-ty where. such enclosure would be impractical, by reason of the location of such property in the bed or flood channel of awash or water course; as determined by and sub- ject to site plan approval by the Zoning Administrator. f. Landscaping. All sign-posted areas shall be landscaped and maintained to a depth of 10 feet along any public street or highway where Zone MQ faces . a residential, commercial or open space cone. g. Owner Consent of Excavation... No materials shall be :excavated. within any property in Zone MQ unless the written consent of the owner in fee of such property is first secured and recorded by the County Recorder. h. Adjacent Owner Consent of Excavation. No materials shall be excavated nearer than 50 feet to the boundary of an adjoining property in Zone MQ unless the written consent of the owner in fee of such property is first secured and recorded by the County Recorder. i. Locati-orn of Excavation. r Quarry operations shall be conducted at-l east ..100 (feet from a street, highway or flood control. channel and at least 250 feet from ,residential and commercial zones.. j. Liability Insurance. Before commencing operation in any quarry, the owner or operator shall secure insurance, to the extent of $1,000,000 against liability in. tort arising :from the production, activities or operation incident thereto conducted or carried on under or by virtue of any law or ordinance, or condition imposed by the Council, and such insurance shall be kept in full force and effect during the period of operations.. k. Hours of Operation Ail quarry operations shall be limited to the hours between 6:00 A.M, and 6:00 P.M „ Monday through Saturday, except in cases of .public .emergency,- or for such. reasonable or necessary equipment or building :repairs.. 1. Location of Crushing Plants and Aggregate Dryers. There shall be no rock crushing and aggregate dryers established within 750 feet of any dwelling unit other than dwelling units located on the same or adjacent d-ots,o.r parcels. of land-and serving as caretakers' residences. The 750 foot limitaaion sha,il.no.t apply. to any. rock crushing plants and aggregate dryers in existence on the effective date of~this Code which are within 750 feet of any such first mentioned dwelling unit, or to any subsequent improvements to such rock crushing pJants:or . aggregate dryers. Such improvements shall not be constructed nearer any such dwelling unit than those rock crushing plants and aggregate dryers that ace so located on the :effective date of.tCeis Code. m. Restoration of Abandoned Quarry. Whenever production on any property or portion thereof shall have been completed, then all plants, buildings, structures (except fences) and equipment shall be entirely removed from such property and all 'stockpiles shall be removed or back-filled into the pit within one year after such.completion. Provided,.fiowever, that the provisions of this subsection shall not apply to any plants, buildings, structures, equipment or stockpiles whenever and so Long as any rock, gravel or sand shalt be available from other properties for processing by or through any such plants, buildings, structures or equipment. ~,: n. Additional Development Standards. The Counci may,. as condi ion to the approval- of a change to Zone MQ, i;mpose additional development standards which it f-finds desirable..to promote the hea lth, safety and welfare of .the Community.and will create a more compatible relationship:between the quarry operation and the community. ARTICLE II PERFORMANCE STANDARDS fOR ZONE MQ IMDUSTRIAL. QUARRY Section l: Noise a. Measurement. Noise shall be measured with the sound level meter, octave band analyzer and impact noise analyzer meeting the standards of the American.National Standards Institute (ANSI 51.4 - 1961 and ANSI S1.11 0 1966). The instru- ments shall be set to the flat response weighting scale, and the meter to the slow response. b. Maximum permitted sound levels. 3 Table .I below designates the applicable columns in Tables 11 and 111 that apply-on or beyond adjacent'.lot lines within the zone on or beyond-the appropriate district boundaries. Noises shall not exceed the t(eaximum permitted sound levels in Table 11. Where more than one set of sound levels apply, the most restrictive shall govern. Readings may be made at points of maximum noise intensity. c. TABLE I :;I _ ~. C and ML 0,: RAND SI Adjacent District District Lot Line Boundary: Boundaries --- B A d, TABLE II The octave bend noise level corresponding to the above designations are presented as follows: , P.ceferred Center Permitted Sound.. levels Frea. - Cycles/sec. in Decibels A B, 63 73 75 125 63 70 250 56 65 .500 ~ ~ ,.. 51 60 , 1000 47 , 55 2000 44 50 4000 41 45 8000 38 , 40 , e. For purposes of this ordinance, impact noises shaLl;be considered to be those noises whose peak values are more than 3 d6 higher than the values indicated on the sound level meter.::. For impact noise levels; the value.of~Table Ill shall apply._„ f. TABLE III ,. , Overall Maximum Permitted Peak Pressure .(in d6) A _ B Impact 75 85 g, Between the hours of 7:00 P.M, and 7:00 A.M., all of the permissible • noise:levels.indicated.in the .previous tables for residential'district boundaries shall be reduced by 10 decibels. If the noise contains pure tone components (hum, whistle, whine, screech, etc) the limits sha 11 be lowered 5 dB for any octave band containing such tones. Noises not under. '. direct control of an industrial operation (such as indepehdent;transportation facilities) an re excluded from the above limitation. Section 2: Vibration a. Ground Transmitted.Vibration. Ground transmitted vibration shall be.measured wikh a seismograph or complement of•instruments capable of recording vibration displacement, particle velocity or acceleration and frequency simultaneously in 3 mutually perpendicular directions. b. Vibration levels, maximum permitted. Table I designates the:applicable•,columns.of Table.ll-.that apply on or beyond adjacent lot lines within the zone, on or beyond appropriate district boundaries. Vibration shall not exceed the maximum permitted particle velocities in Table il. Where more than one set of Vibration levels apply, the most restrictive shall govern. Readings may be made at points of maximum vibration intensity. c. TABLE C and ML Adjacent - District Lot Lines Boundaries --- g d. TABLE II ' 0, Rand SI .District .Boundaries A The maximum particle velocities that correspond to the above designations are as follows: Maximum Particle Velocity in Inches/Second Vibration A B - Steady State 0.02 0.05 , Impact 0.04 0.10 .. e. Between the hours of 7:00 P,M. and 7:00 A.M,, ala .of the permissible vibration levels indicated in Table II for residential district boundaries:{c-olumn A) shall be reduced by one-hald of .the indicated values, _ Section 3 a. Air Pollution. Any activity, operation or device which causes, or tends to cause, the release of air contaminants into the atmosphere shall comply with the rules and regulations of the Riverside County Air Pollution Control District (APCD). b, Smoke. The emission of smoke as dark or darker than the shade or equivalent opacity of Ringelmann No. 2 for an aggregate of more than 3 minutes in any one hour is prohibited. c. Particulate Matter (source emissions). The emission of particulate matter from all stacks, vents, chimneys, flues or openings of any process or operation shall comply with the rules of the APCD for particulate matter, dust and fumes. d. Particulate Matter (wihdborne dust). The release of windborne dust across district boundary lines shall not become a nuisance to persons or property outside the MQ district, e. Sulfur Oxides. The emission of sulfur oxides shall comply wish the rules of the APCD, f. Toxic Matter.` . The emission of toxic matter (other than sulfur oxi es) shall not prfi'duce ambient air concentrations in excess of I/30th the ~ha~eshold Limit Values for industrial workers as listed by the American Conference of Govern- mental Industrial Hygienists and adopted by the Riverside.County Health Department. Measurement shall be at ground level or habitable elevation across the MQ district boundry line and shall be a~24 hour'sample. If the toxic materiel is not listed, the applicant shall satisfy the Riverside County Health Department that the, proposed levels~will~be safe to the general- population. ~ •- g. Odorous Matter. Odorous matter released from any operation or activity shall not exceed the oovNr" thresho:Fd concentration when measured in a Residential District, either at ground~levei or habitable elevation. Section 4 Radioactive Materials a. The storage, utilization, manufacture or transportation of radioactive materials shall be in accordance with the'California Radiation Control Regulations, California Administrative Code; Title 17, Public Health, b. 'The manufacture, storage or utilization of unsealed radioactive materials shall not'be limited except as required-in-the California Radiation Control Regulations. Sectioh 5 Glare a. Any operation or activity producing glare shall be conducted or shielded so as'no£ to cause illumination 'in residential districts in excess of 0.5 foot candle. Flickering or intrinsically bright sources of~illumination shall becontrolled so as not to be a nuisance in residential districts. b. Illumination levels shall be measured with a photoelectric photometer having a spectral response similar to that of-the human eye, following the standard spectral luminous efficiency curve adopted by the International Commission on Illumination'. Section 6 a. fire and Explosion Hazards Activities involving the storage, use or mahufacture of fire and explosive hazard materials shall be conducted in accordance with the City Fire Code. b. Corrosive Materials. ' The storage, utilization or manufacture of corrosive materials is permitted subject to the provisions'of the City fire Code. c. Oxidizing Materials. The rules and regulations of the City fire Code for oxidizing materials shall apply. d, Flammable Gases. The quantity of flammable gases shall be unrestricted, except as regulated by the City fire Code. Within 100 feet of a residential or commercial district boundary, no flammable gases shall be stored, except importable.containers. Such portable cohtainers shall be'stored 'in fire resistive structures having an automatic fire extinguishing system, or if stored outdoors, no closer than 40 feet from res.iden'tial or commercial district boundaries. e. Flammable Solids. The rules and regulations of the City Fire Code for active to intense burning flammable solids shall apply. f. 'Explosive Materials. The rules and regulations of the' City Fire Code for explosive materials shall apply g• Flammable Liquids' The storage of flammable'liquids in auto fueling stations shall 'be exempt from the quantity limitations described`in this section and shall be in accordance with the City Fire Code. The quantity of flammable and combustible liquids shall be unrestricted except as regulated'by the City Fire Code. Within l00 feet of a residential or commercial district boundary, no flammable or combustible liquids shall be stored, except ih portable e{ containers. Such portab'il,e containers shall be stored in fire resistive structures. having an automatic fire extinguishing system, or if stored outdoors, no d oser than b0 feet from 'residential or commercial district boundaries. h. SUMMARY .;TABLE II LOCATION. AND PERMITTED QUANTITIES OF FIRE AND EXPLOSIVE HAZARD MATERIALS Material Manufacture Corrosive Materials Oxidizing Materials Flammable Gases Flamma6fke Solids Explosive Materials flammable Liquids: Class A and B Class C Class D Combustible Liquids *Permitted *Permitted *Permitted *Permitted NOT Permitted:... *Permitted *Permitted *Permitted *Permitted Utilization 'i 5'foraae " *Permitted *Permitted '*Permitted *Permitted *Permitted ' ' *Permitted *Permitted *Permitted *P'e~mitted *In accordance with detailed requirements of this ordinance and the City Fire Code. Section 7 The City Clerk is hereby ordered and directed to certify the passage of this ordinance and cause the same to be published in .the manner provided by law. ADOPTED by the Mayor and City Council and signed by the Mayor and attested to by the City Clerk this 24th day of April, 1972. 5/ Norman L. Chaffin Mayor of the City of Elsinore ATTEST: s/Fiorene Marshall City Clerk of the City of Elsinore ORDINANCE NO. 515 AN ORDINANCE OF THE-CITY OF ELSINORE, CALIFORJIA REZONING CERTAIN REAL PROPERTY FROM ITS PRESENT ZONE Of R-3 (MULTIPLE FAMILY DWELLING DISTRICT) AND M-1 (LIGHT MANUFACTURiMG DISTRICT) TO L-f (LIMITED COMMERCIAL DISTRICT), AND AMENDING ORDINANCE N0. 349. THE MAYOR AND THE CITY COUNCIL OF THE CITY OF ELSINORE, CALIFORNIA,_DO ORDAIN AS FOLLOWS: Section 1: The following described property, located in the City of Elsinore, California, is removed from its present district as R-3 (Multiple Family Dwelling District);and M-1 (Eight Manufacturing District) and hereby is rezoned to C-1 (Limited Commercial District). That the property which is rezoned is all that certain property which is located in the City of Elsinore, County of Riverside, State of California, and more particularly described as follows; "That protion of Lot 17 through 93 inclusive of Lakeshore Dr. Addition, as shown in Map Book 9, pages 65-67, Riverside County Records." Section 2: Ordinance No. 349 of the. City of Elsinore, California is hereby amended to effect the rezoning of the above described property,. Section 3: The City Clerk is hereby ordered and directed to certify. the passage of the ordinance and cause the same to be published in the manner provided by law. . ADOPTED by Lhe Mayor and City Council and signed by 'Ghe Mayor Pro Tem and attested to by the City Clerk this 24th day of July, 1972 s/ Lawrence A. Cartier Mayor Pro Tem of the Ciiy of Elsinore ATTEST: s/Fiorene Marshall City Clerk of The City of Elsinore