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 that do not produce adverse impacts
on surrounding properties nor the community at large. The standards
contained in this chapter apply to all zones. 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. No. 1000 § 4, 2022)
Land or buildings shall not be used or occupied in a manner
creating any dangerous injurious, noxious, fire, explosive or other
hazard; noise, vibration, smoke, dust, odor, or form of air pollution;
heat, cold, dampness, electrical, or other disturbance; glare, refuse,
or wastes; or other substances, conditions, or elements which would
adversely affect the surrounding area. All uses shall conform to the
regulations of this chapter in addition to the regulations set forth
for the district in which the use is situated.
(Ord. No. 1000 § 4, 2022)
Measurements necessary for enforcement of performance standards
set forth in this chapter shall be taken from a location as follows
relative to the property and/or building, activity, and/or use.
A. Within
a nonresidential zone that is adjacent to a nonresidential zone: 300
feet from where the building, activity, and/or use is located;
B. Within
a nonresidential zone that is adjacent to a residential zone: 300
feet from the property line of the property where the building, activity
and/or use is located; and
C. Within
a residential zone that is adjacent to a residential zone: at the
property line.
(Ord. No. 1000 § 4, 2022)
The following standards are intended to ensure that the use,
handling, storage, and transportation of hazardous materials comply
with all applicable state laws (including, but not limited to, Government
Code § 65850.2 and
Health and Safety Code § 25505,
et seq.) and that appropriate information is reported to the fire
district as the regulatory authority.
A. Reporting
requirements. All businesses required by state law (Health and Safety
Code § 6.95) 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
district.
B. Underground
storage. Underground storage of hazardous materials shall comply with
all applicable requirements of state law (including, but not limited
to,
Health and Safety Code § 6.7). Businesses that use underground
storage tanks shall comply with the following procedures:
1. Notify
the fire district of any unauthorized release of hazardous materials
prescribed by city, county, state, and federal regulations.
2. Notify
the fire district and the 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.
3. Submit
copies of the closure plan to the fire district.
C. Aboveground
storage. Aboveground storage tanks for hazardous materials and flammable
and combustible materials may be allowed subject to the approval of
the fire district.
D. New
development. Structures adjacent to a commercial supply bulk transfer
delivery system with at least six-inch pipes shall be designed to
accommodate a setback of at least 100 feet from that delivery system.
The setback may be reduced if the planning director, with recommendation
from the fire district, 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
100-foot setback would be impractical or unnecessary because of existing
topography, streets, parcel lines, or easements.
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 district.
E. Notification
required. A subdivider of a development within 500 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.
F. Location
requirements. Properties that store, generate, or dispose of hazardous
materials shall locate these operations as far as possible from areas
of neighboring properties where people congregate.
(Ord. No. 1000 § 4, 2022)
A. Purpose.
In order to control unnecessary, excessive, and annoying noise and
vibration in the city, it is hereby declared to be the policy of the
city to prohibit such noise generated from or by all sources as specified
in this section. The provisions apply within all jurisdictions within
all zones. Provisions apply based on the designated noise zones:
1. Noise
Zone I: All single-and multiple-family residential properties.
2. Noise
Zone II: All commercial properties.
B. Decibel
measurement criteria. Any decibel measurement made pursuant to the
provisions of this section shall be based on a reference sound pressure
of 20 micropascals as measured with a sound level meter using the
A-weighted network (scale) at slow response.
C. Exterior
noise standards.
1. It
shall be unlawful for any person at any location within the city to
create any noise or allow the creation of any noise on the property
owned, leased, occupied, or otherwise controlled by such person, which
causes the noise level when measured on the property line of any other
property to exceed the basic noise level as adjusted below:
a. Basic noise level for a cumulative period of not more than 15 minutes
in any one hour; or
b. Basic noise level plus five dBA for a cumulative period of not more
than ten minutes in any one hour; or
c. Basic noise level plus 14 dBA for a cumulative period of not more
than five minutes in any one hour; or
d. Basic noise level plus 15 dBA at any time.
2. If
the measurement location is a boundary between two different noise
zones, the lower noise level standard shall apply.
3. If
the intruding noise source is continuous and cannot reasonably be
discontinued or stopped for a time period whereby the ambient noise
level can be determined, the measured noise level obtained while the
noise is in operation shall be compared directly to the allowable
noise level standards as specified respective to the measurement's
location, designated land use, and for the time of day the noise level
is measured. The reasonableness of temporarily discontinuing the noise
generation by an intruding noise source shall be determined by the
planning director for the purpose of establishing the existing ambient
noise level at the measurement location.
D. Special
exclusions. The following activities shall be exempted from the provisions
of this section:
1. City-or
school-approved activities conducted on public parks, public playgrounds,
and public or private school grounds including, but not limited to,
athletic and school entertainment events between the hours of 7:00
a.m. and 10:00 p.m.
2. Occasional
outdoor gatherings, dances, shows, and sporting and entertainment
events, provided said events are conducted pursuant to the approval
of a temporary use permit issued by the city.
3. Any
mechanical device, apparatus, or equipment used, related to, or connected
with emergency machinery, vehicle, work, or warning alarm or bell,
provided the sounding of any bell or alarm on any building or motor
vehicle shall terminate its operation within 30 minutes in any hour
of its being activated.
4. Noise
sources associated with, or vibration created by, construction, repair,
remodeling, or grading of any real property or during authorized seismic
surveys, provided said activities:
a. When adjacent to a residential land use, school, church or similar
type of use, the noise generating activity does not take place between
the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday,
or at any time on Sunday or a national holiday, and provided noise
levels created do not exceed the noise standard of 65 dBA when measured
at the adjacent property line.
b. When adjacent to a commercial or industrial use, the noise generating
activity does not take place between the hours of 10:00 p.m. and 6:00
a.m. on weekdays, including Saturday and Sunday, and provided noise
levels created do not exceed the noise standards of 70 dBA when measured
at the adjacent property line.
5. All
devices, apparatus, or equipment associated with agricultural operations,
provided:
a. Operations do not take place between 8:00 p.m. and 7:00 a.m. on weekdays,
including Saturday, or at any time on Sunday or a national holiday.
b. Such operations and equipment are utilized for protection or salvage
of agricultural crops during periods of potential or actual frost
damage or other adverse weather conditions.
c. Such operations and equipment are associated with agricultural pest
control through pesticide application, provided the application is
made in accordance with permits issued by, or regulations enforced
by, the state department of agriculture.
6. Noise
sources associated with the maintenance of real property, provided
said activities take place between the hours of 7:00 a.m. and 8:00
p.m. on any day.
7. Any
activity to the extent regulation thereof has been preempted by state
or federal law.
E. Schools,
churches, libraries, health care institutions. It shall be unlawful
for any person to create any noise which causes the noise level at
any school, hospital or similar health care institution, church, or
library while the same is in use, to exceed the noise standards specified
in this section and prescribed for the assigned noise zone in which
the school, hospital, church, or library is located.
F. Residential
noise standards.
1. Table
17.66.050-1 (Residential Noise Limits) includes the maximum noise
limits in residential zones. These are the noise limits when measured
at the adjacent residential property line (exterior) or within a neighboring
home (interior).
TABLE 17.66.050-1 RESIDENTIAL NOISE LIMITS
|
---|
Location of Measurement
|
Maximum Allowable
|
---|
10:00 p.m. to 7:00 a.m.
|
7:00 a.m. to 10:00 p.m.
|
---|
Exterior
|
60 dBA
|
65 dBA
|
Interior
|
45 dBA
|
50 dBA
|
Additional:
|
---|
(A)
|
It shall be unlawful for any person at any location within the
city to create any noise or to allow the creation of any noise which
causes the noise level when measured within any other fully enclosed
(windows and doors shut) residential dwelling unit to exceed the interior
noise standard in the manner described herein.
|
(B)
|
If the intruding noise source is continuous and cannot reasonably
be discontinued or stopped for a time period whereby the ambient noise
level can be determined, each of the noise limits above shall be reduced
five dBA for noise consisting of impulse or simple tone noise.
|
2. Other
residential noise limitations.
a. Peddlers; use of loud noise, etc., to advertise goods, etc. No peddler
or mobile vendor or any person in their behalf shall shout, cry out,
or use any device or instrument to make sounds for the purpose of
advertising in such a manner as to create a noise disturbance.
b. Animal noises. No person owning or having the charge, care, custody,
or control of any dog or other animal or fowl shall allow or permit
the same to habitually howl, bark, yelp, or make other noises, in
such a manner as to create a noise disturbance.
c. Radios, television sets, musical instruments, and similar devices.
No person shall operate or permit the operation or playing of any
device which reproduces, produces, or amplifies sound, such as a radio,
musical instrument, phonograph, or sound amplifier, in such a manner
as to create a noise disturbance.
i. Across any real property boundary or within Noise Zone I, between
the hours of 10:00 p.m. and 7:00 a.m. on the following day (except
for activities for which a temporary use permit has been issued).
ii. At 50 feet from any such device, if operated on or over any public
right-of-way.
G. Commercial
and office noise provisions. All operations and businesses shall be
conducted to comply with the following standards:
1. All
commercial and office activities shall not create any noise that would
exceed an exterior noise level of 65 dBA during the hours of 10:00
p.m. to 7:00 a.m. and 70 dBA during the hours of 7:00 a.m. to 10:00
p.m. when measured at the adjacent property line.
2. Loading
and unloading. No person shall cause the loading, unloading, opening,
closing, or other handling of boxes, crates, containers, building
materials, garbage cans, or similar objects between the hours of 10:00
p.m. and 7:00 a.m., in a manner which would cause a noise disturbance
to a residential area.
3. Vehicle
repairs and testing. No person shall cause or permit the repairing,
rebuilding, modifying, or testing of any motor vehicle, motorcycle,
or motorboat in such a manner as to increase a noise disturbance between
the hours of 10:00 p.m. and 8:00 a.m. adjacent to a residential area.
H. Industrial
noise provision included in Table 17.66.110-1 (Industrial Performance
Standards).
(Ord. No. 1000 § 4, 2022)
A. Sources
of odorous emissions, particulate matter, and air containment standards
shall comply with the rules and regulations of the air pollution control
district and the state
Health and Safety Code.
B. Noxious odorous emissions in a manner or quantity that is detrimental to or endanger the public health, safety, comfort, or welfare is 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. No emission of odors shall be permitted in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air to four volumes of clean air at the property line as specified in section
17.66.030 (Points of Measurement) of this chapter. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail.
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. No. 1000 § 4, 2022)
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. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments at the points of measurement specified in section
17.66.030 (Points of Measurement) of this chapter, nor shall any vibration produced exceed 0.002g peak at up to 50 CPS frequency, measured at the point of measurement specified in section
17.66.030 (Points of Measurement) of this chapter using either seismic or electronic vibration measuring equipment. Vibrations occurring at higher than 50 CPS frequency of a periodic vibration shall not induce accelerations exceeding 0.001g. Single-impulse periodic vibrations occurring at an average interval greater than five minutes shall not induce accelerations exceeding 0.01g.
B. New
development shall not cause vibration of more than 85 VdB within 200
feet of an existing structure.
C. Uses,
activities, and processes shall not generate vibrations that cause
discomfort or annoyance to reasonable persons of normal sensitivity
or which endangers the comfort, repose, health, or peace of residents
whose property abuts the property line of the parcel.
D. Uses
shall not generate ground vibration that interferes with the operations
of equipment and facilities of adjoining parcels.
E. 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. No. 1000 § 4, 2022)
Heat emitted at any point shall not at any time cause a temperature
increase on any property in excess of ten degrees Fahrenheit, whether
such change be in the air or on the ground, in a natural stream or
lake, or in any structure on such adjacent property.
(Ord. No. 1000 § 4, 2022)
No activities shall be permitted which emit dangerous radioactivity
at any point or electrical disturbance adversely affecting the operation
of any equipment other than that of the creator of such disturbance.
(Ord. No. 1000 § 4, 2022)
No discharge of any matter shall be permitted at any point into
any public sewer, private sewage system, or stream or into the ground,
except in accordance with standards approved by the state and county
departments of health and local ordinances. There shall be no accumulation
outdoors of solid wastes conducive to the breeding of rodents, insects,
or other pests unless stored in closed containers.
(Ord. No. 1000 § 4, 2022)
Purpose. The performance standards allow industrial uses to
operate consistent with the overall characteristics of the land use
category to provide for a healthy, safe, and pleasing environment
in keeping with the nature and level of surrounding industrial activity.
The performance standards contained in Table 17.66.110-1 (Industrial
Performance Standards) are applied based on the zones as follows:
A. Class
A performance standards. The most restrictive of the performance standards
to ensure a high-quality working environment and available sites for
industrial and business firms whose functional and economic needs
require protection from the adverse effects of noise, odors, vibration,
glare, or high-intensity illumination, and other nuisances.
B. Class
B performance standards. These standards are intended to enable a
complementary mix of uses and provide for a limited range of industrial
activity while assuring a basic level environmental protection. It
is the intent of the standards of this section to provide for uses
whose operational needs may produce noise, vibration, particulate
matter and air contaminants, odors, or humidity, heat, and glare which
cannot be mitigated sufficiently to meet the Class A standards. The
standards are so designed to protect uses on adjoining sites from
effects which could adversely affect their functional and economic
viability.
C. Class
C performance standards. It is the intent of the standards of this
section to make allowances for industrial uses whose associated processes
produce noise, particulate matter and air contaminants, vibration,
odor, humidity, heat, glare, or high-intensity illumination which
would adversely affect the functional and economic viability of other
uses. The standards, when combined with standards imposed by other
governmental agencies, serve to provide basic health and safety protection
for persons employed within or visiting the area.
TABLE 17.66.110-1 INDUSTRIAL PERFORMANCE STANDARDS
|
---|
Class A
|
Class B
|
Class C
|
---|
Noise Maximum
|
• 70 dB (anywhere on lot)
• 65 dB (interior space of neighboring use on same lot)
• Noise caused by motor vehicles is exempted from this
standard.
|
• 80 dB (anywhere on lot)
• 65 dB (at residential property line)
• Noise caused by motor vehicles and trains is exempted
from this standard.
|
• 85 dB (lot line)
• 65 dB (at residential property line)
• Where a use occupies a lot abutting or separated by a
street from a lot within the designated Class A or B performance standard
or residential property, the performance standard of the abutting
property shall apply at the common or facing lot line.
|
Vibration
|
All uses shall be so operated as not to generate vibration discernible
without instruments by the average person while on or beyond the lot
upon which the source is located or within an adjoining enclosed space
if more than one establishment occupies a structure. Vibration caused
by motor vehicles, trains, and temporary construction or demolition
work is exempted from this standard.
|
All uses shall be operated so as not to generate vibration discernible
without instruments by the average persons beyond the lot upon which
the source is located. Vibration caused by motor vehicles, trains,
and temporary construction or demolition is exempted from this standard.
|
All uses shall be operated so as not to generate vibration discernible
without instruments by the average person beyond 600 feet from where
the source is located. Vibration caused by motor vehicles, trains,
and temporary construction and demolition is exempted from this standard.
|
Particulate Matter and Air Contaminants
|
In addition to compliance with the Air Quality Management District
(AQMD) standards, all uses shall be operated so as not to emit particulate
matter or air contaminants that are readily detectable without instruments
by the average person while on the lot containing such uses.
|
In addition to compliance with the AQMD standards, all uses
shall be operated so as not to emit particulate matter or air contaminants
that are readily detectable without instruments by the average person
beyond any lot line of the lot containing such uses.
|
In addition to compliance with the AQMD standards, all uses
shall be operated so as not to emit particulate matter or air contaminants
that: (a) are injurious to the health of either persons engaged in
or related to the use of the lot, or persons residing, working, visiting,
or recreating in neighboring areas; (b) substantially and adversely
affect the maintenance of property in nearby areas; (c) are disruptive
of industrial processes carried on in other parts of the industrial
area. Where a use occupies a lot abutting or separated by a street
lot with designated Class A or B, the A or B performance standard
for particulate matter and air contaminants shall apply at the common
or facing lot line.
|
Odor
|
All uses shall be operated so as not to emit matter causing
unpleasant odors that are perceptible to the average person while
within or beyond the lot containing such uses.
|
All uses shall be operated so as not to emit matter causing
unpleasant odors that are perceptible to the average person beyond
any lot line of the lot containing such uses.
|
All uses shall be operated so as not to emit matter causing
unpleasant odors that are perceptible to the average person while
within or beyond the lot containing such uses.
|
Humidity, Heat, and Glare
|
All uses shall be operated so as not to produce humidity, heat,
glare, or high-intensity illumination that is perceptible without
instruments by the average person while on or beyond the lot containing
such use.
|
All uses shall be operated so as not to produce humidity, heat,
glare, or high-intensity illumination that is perceptible without
instruments by the average person beyond the lot line of any lot containing
such use.
|
All uses shall be operated so as not to produce humidity, heat,
glare, or high-intensity illumination that is perceptible without
instruments by the average person while on any lot zoned for residential
purposes or any industrial property with a Class A or B performance
standard designation.
|
(Ord. No. 1000 § 4, 2022; Ord. No. 1015 § 3, 2023)