The purpose of this chapter is to establish uniform performance standards for development within the City that promotes compatibility with surrounding areas and land uses.
(Prior code § 16-305.010)
A. 
The provisions of this chapter apply to all new and existing uses in all zoning districts. Uses of the land that existed on the effective date of the ordinance codified in this chapter shall not be altered or modified so as to conflict with, or further conflict with, these standards.
B. 
If requested by the Director or the Review Authority, applicants shall provide evidence to the Director that the proposed development is in compliance with the standards in this chapter and other applicable standards in this Development Code before the issuance of a building permit or business license.
(Prior code § 16-305.020)
Applicants for nonresidential projects requiring discretionary approval may be required by the Review Authority to submit evidence to help determine whether the project complies or would comply with the provisions of this chapter. Required information may include the following:
A. 
Construction Plans. Plans of construction and development;
B. 
Production Plans. A description of the machinery, processes, or products to be used or produced on the premises; and
C. 
Emissions.
1. 
Levels. Measurement of the expected amount or rate of emission of any dangerous or objectionable elements from the premises; and
2. 
Mitigation. Specifications for the mechanisms and techniques used or proposed to be used in restricting the emission of any dangerous or objectionable elements from the premises.
(Prior code § 16-305.030)
The operation of facilities shall not directly or indirectly discharge air contaminants into the atmosphere, including smoke, sulfur compounds, dust, soot, carbon, noxious acids, fumes, gases, mist, odors or particulate matter, or any other air contaminants or combination which exceeds any local, State, or Federal air quality standards or which might be obnoxious or offensive to anyone residing or conducting business either on-site or abutting the site. Sources of air pollution shall comply with rules identified by the Environmental Protection Agency, the California Air Resources Board, and the San Joaquin Valley Unified Air Pollution Control District. If requested by the Director, uses, activities, or processes that require Air Pollution Control District approval to operate shall file a copy of the permit with the Department within 30 days of its approval.
(Prior code § 16-305.040)
Uses, activities, and processes shall be conducted so as not to produce electric and/or magnetic fields that adversely affect public health, safety, and welfare including interference with normal radio, telephone, or television reception from off the premises where the activity is conducted, except for amateur radio operations that comply with Federal Communication Commission regulations. Existing or proposed uses that generate electrical disturbances that may be considered hazardous or a nuisance shall be shielded, contained, or modified to prevent any disturbances. Operators of these uses shall comply with all applicable Federal Communications Commission regulations.
(Prior code § 16-305.050)
Graffiti as defined in Section 8.24.020 of the Municipal Code, is prohibited in compliance with Chapter 8.24 of the Municipal Code and the following:
A. 
Removal. All graffiti shall be removed within 48 hours after notification by the City in compliance with Chapter 8.24 of the Municipal Code. The City shall have the right to remove any graffiti not removed within 48 hours of notification in compliance with Section 8.24.060 of the Municipal Code.
B. 
Requirements. To facilitate graffiti abatement in multifamily projects, nonresidential projects, and on back-up walls, paint, graffiti-resistant coatings, or graffiti-limiting landscaping shall be required as follows:
1. 
Paint or Coatings. Walls shall be painted with two coats of flat, exterior, water-based, 100 percent acrylic paints with low volatile organic compounds (VOC) which meet the standards of the California Air Resources Board. If the wall includes natural stone, brick, or similar material, a clear coating that allows for graffiti abatement shall be applied to the surface in accordance with manufactures instructions. The applicant shall provide a supply of compatible graffiti-removal material to the City in compliance with Sections 8.24.170 and 8.24.180 of the Municipal Code;
a. 
Back-up walls maintained through the Stockton Consolidated Landscape Maintenance Assessment District shall be painted with two coats of flat, exterior, water-based, 100 percent acrylic paint in a standard color that is readily available from a local paint store or home improvement center. A supply of the paint shall be provided to the City in compliance with Sections 8.24.170 and 8.24.180 of the Municipal Code. If the wall includes natural stone, brick or similar material, a clear coating that allows for graffiti abatement shall be applied to the surface in accordance with manufactures instructions. The applicant shall provide a supply of compatible graffiti-removal material to the City in compliance with Sections 8.24.170 and 8.24.180 of the Municipal Code; and
b. 
Back-up walls maintained through a private maintenance association shall be constructed in compliance with the City's design review guidelines. Owners associations shall be responsible for abatement of all graffiti in accordance with all applicable sections of this Municipal Code.
2. 
Graffiti-Limiting Landscaping. In addition to required paint or coatings, where space permits, the property in front of the wall shall be landscaped with vegetation that will cover at least 80 percent of the fence/wall within three years. Applicant shall provide a statement on the construction drawings confirming that they have met this requirement.
(Prior code § 16-305.055; Ord. 023-07 C.S. § 15; Ord. 001-08 C.S. § 2; Ord. 015-09 C.S., eff. 12-3-09)
Light or glare from mechanical or chemical processes or from reflective materials used or stored on a site shall be shielded or modified to prevent emission of light or glare beyond the property line, or upward into the sky.
A. 
Exterior lights shall be located so as to eliminate spillover illumination or glare onto adjoining properties and to prohibit any interference with the normal operation or enjoyment of adjacent property.
B. 
Exterior lights shall be made up of a light source, reflector, and shielding devices so that, acting together, the light beam is controlled and not directed across a property line or upward into the sky. Bare bulbs shall not be allowed.
C. 
Lighting fixtures used to illuminate an outdoor advertising display shall be mounted on the top of the advertising structure and be directed downward.
D. 
Exterior light fixtures existing and legally installed prior to the effective date of the ordinance codified in this Development Code are exempt from the requirements of this section. When existing luminaries are reconstructed or replaced, the reconstruction or replacement shall comply with this section.
E. 
Lights used for holiday decorations are exempt from the requirements of this section.
F. 
Portable temporary lighting used by law enforcement or emergency services personnel to protect life or property, are exempt from the requirements of this section.
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FIGURE 3-1 GLARE MITIGATION
(Prior code § 16-305.060)
Limitations on noise and requirements for noise mitigation are in Chapter 16.60 (Noise Standards).
(Prior code § 16-305.070)
Sources of odorous emissions shall comply with the rules and regulations of the San Joaquin Valley Unified Air Pollution Control District and the State Health and Safety Code. Noxious odorous emissions in a matter or quantity that is detrimental to or endanger the public health, safety, comfort, or welfare is declared to be public nuisance and unlawful, and shall be modified to prevent further emissions release, except for agricultural operations in compliance with Section 16.36.040 (Agricultural preservation).
(Prior code § 16-305.080)
Uses that generate vibrations that may be considered a 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 endangers the comfort, repose, health or peace of residents whose property abuts the property lines 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 aircrafts) are exempt from the provisions of this section.
(Prior code § 16-305.090)
No liquids of any kind shall be discharged into a public or private sewage or drainage system, watercourse, body of water, or into the ground, except in compliance with applicable regulations of the California Regional Water Quality Control Board (California Administrative Code, Title 23, Chapter 3 and the California Water Code.
(Prior code § 16-305.100)