Chapter 23.60


23.60.010    Purpose and intent.

23.60.020    Creeks and other natural drainage courses/tributary standards.

23.60.030    Hazardous materials.

23.60.040    Repealed.

23.60.050    Odor, particulate matter and air containment standards.

23.60.060    Vibration.

23.60.010 Purpose and intent.

The performance standards established in this chapter are intended to ensure that uses and activities shall occur in a manner to protect the public health and safety and which does not produce adverse impacts on surrounding properties nor the community at large. The standards contained in this chapter apply to all zoning districts. If necessary, the City will retain a professional expert or designated regulatory agency to assist in assessing possible impacts, and the applicant or business owner will pay any cost incurred. [Ord. 26-2006 §3, eff. 8-11-2006]

23.60.020 Creeks and other natural drainage courses/tributary standards.

A. Application. All buildings or structures erected or maintained within the one hundred (100) year floodplain of designated tributaries and all new lots shall conform to the standards and requirements set forth in this chapter.

B. Development Standards. The following development standards shall apply to the placement of structures within floodplains of designated tributaries:

1. With the exception of nonhabitable structures, all structures shall be located outside of the one hundred (100) year floodplain and a minimum twenty-five (25' 0") feet from the centerline of the creek or tributary.

2. All construction shall maintain a habitable finished floor elevation at least one (1' 0") foot above the water surface elevation of the one hundred (100) year floodplain.

3. Minimum access is required for all newly created parcels to allow ingress-egress during storm events. The least number of watercourse crossings are encouraged to minimize the impact to flood elevations, as well as to the riparian corridor. Vehicular access to the buildable area of newly created parcels must be at or above the ten (10) year flood elevation. Exceptions may be granted when the existing public street from which access is obtained is below the ten (10) year elevation.

4. Fences and other structures such as culverts and bridges that must be constructed within the floodway shall be designed to the requirements of the City Improvement Standards to prevent obstructions or diversions of flood and drainage flow and to minimize adverse effects to natural riparian vegetation.

5. Tributary channels shall remain in their natural state and shall not be altered (e.g., piped or channeled) unless the proposal is heard and approved by the appropriate authority in conjunction with any application for any discretionary planning entitlement faction. If no such application has been filed, the proponent of such alteration shall apply for design review approval to be heard by the designated approval authority.

6. All proposed projects within designated tributary floodplains shall meet the requirements and regulations set forth in EGMC Title 19, Trees.

7. No fill shall be permitted within the one hundred (100) year floodplain of designated tributaries unless:

a. The one hundred (100) year flood depth prior to the fill is less than two (2' 0") feet;

b. The fill is for the minimum area to accommodate a structure and allow for a five (5' 0") foot border area that shall have a side slope of four to one (4:1) or flatter when no landscaping or erosion control is provided by the proponent;

c. There are no trees nine (9") inches in diameter or larger which cannot be successfully transplanted or otherwise protected from the impact of the fill;

d. The toe of the fill will not encroach within twenty-five (25' 0") feet of the centerline of the designated tributary; and

e. The fill will not result in adverse hydrologic impacts on the stream as determined by the City Engineer.

8. Pier foundations may be allowed on a case-by-case basis where fill cannot be used to raise the site above the one hundred (100) year floodplain. Such foundations are only acceptable when they are outside the conveyance area of a watercourse.

C. Lot Standards. Any new lot that is proposed to be created adjacent to a designated tributary must provide either:

1. A buildable area outside the one hundred (100) year floodplain of that tributary;

2. A buildable area that is located at least twenty-five (25' 0") feet from the centerline of the tributary and which provides for construction with a minimum habitable floor elevation that is at least one (1' 0") foot above the water surface elevation of the one hundred (100) year floodplain and is outside the floodway.

D. Interpretation. The locations of “designated tributaries” indicated on the City of Elk Grove zoning map are approximate. Therefore, in order to ensure compliance with the provisions of this section, the proponent of any application for entitlement on any property located within two hundred (200' 0") feet of the centerline of a designated tributary must demonstrate the applicability of development standards set forth in this section. [Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 4-2014 §3 (Exh. B), eff. 3-28-2014; Ord. 26-2006 §3, eff. 8-11-2006]

23.60.030 Hazardous materials.

The following standards are intended to ensure that the use, handling, storage and transportation of hazardous materials comply with all applicable State laws (Section 65850.2 of the Government Code and Section 25505 et seq. of the Health and Safety Code) and that appropriate information is reported to the Fire Department as the regulatory authority.

A. Reporting Requirements. All businesses required by State law (Section 6.95 of the Health and Safety Code) to prepare hazardous materials release response plans and hazardous materials inventory statements shall, upon request, submit copies of these plans, including any revisions, to the Fire Department.

B. Underground Storage. Underground storage of hazardous materials shall comply with all applicable requirements of State law (Section 6.7 of the Health and Safety Code and Articles 679 and 680 of the California Fire Code, or as subsequently amended). Businesses that use underground storage tanks shall comply with the following procedures:

1. Notify the Fire Department of any unauthorized release of hazardous materials prescribed by City, County, State and Federal regulations;

2. Notify the Fire Department and the Sacramento County Health Department of any proposed abandoning, closing or ceasing operation of an underground storage tank and actions to be taken to dispose of any hazardous materials; and

3. Submit copies of the closure plan to the Fire Department.

C. Above-Ground Storage. Above-ground storage tanks for hazardous materials and flammable and combustible materials may be allowed subject to the approval of the Fire Department.

D. New Development. Structures adjacent to a commercial supply bulk transfer delivery system with at least six (6") inch pipes shall be designed to accommodate a setback of at least one hundred (100' 0") feet from that delivery system. The setback may be reduced if the Development Services Director, with recommendation from the Fire Department, can make one (1) 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 one hundred (100' 0") foot setback would be impractical or unnecessary because of existing topography, streets, parcel lines or easements; or

3. A secondary containment system for petroleum pipelines and transition points shall be constructed. The design of the system shall be subject to the approval of the Fire Department.

E. Notification Required. A subdivider of a development within five hundred (500' 0") feet of a pipeline shall notify a new/potential owner before the time of purchase and the close of escrow of the location, size and type of pipeline. [Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 26-2006 §3, eff. 8-11-2006]

23.60.040 Noise standards.

Repealed by Ord. 8-2011. [Ord. 28-2007 §3, eff. 10-26-2007; Ord. 26-2006 §3, eff. 8-11-2006]

23.60.050 Odor, particulate matter and air containment standards.

A. Sources of odorous emissions, particulate matter and air containment standards shall comply with the rules and regulations of the Sacramento Metropolitan Air Quality Management District and the State Health and Safety Code.

B. Noxious odorous emissions in a manner or quantity that are detrimental to or endanger the public health, safety, comfort, or welfare are declared to be a public nuisance and unlawful, and shall be modified to prevent further emissions release, except for agricultural operations in compliance with this title.

C. No dust or particulate matter shall be emitted that is detectable by a reasonable person without instruments.

D. Exhaust air ducts shall be located or directed away from abutting residentially zoned properties. [Ord. 26-2006 §3, eff. 8-11-2006]

23.60.060 Vibration.

Uses that generate vibrations that may be considered a public nuisance or hazard on any adjacent property shall be cushioned or isolated to prevent generation of vibrations. Uses shall be operated in compliance with the following provisions:

A. Uses shall not generate ground vibration that is perceptible without instruments by the average person at any point along or beyond the property line of the parcel containing the activities;

B. Uses, activities, and processes shall not generate vibrations that cause discomfort or annoyance to reasonable persons of normal sensitivity or which endanger the comfort, repose, health or peace of residents whose property abuts the property line of the parcel;

C. Uses shall not generate ground vibration that interferes with the operations of equipment and facilities of adjoining parcels; and

D. Vibrations from temporary construction/demolition and vehicles that leave the subject parcel (e.g., trucks, trains, and aircraft) are exempt from the provisions of this section. [Ord. 26-2006 §3, eff. 8-11-2006]