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.
FIGURE 3-1 GLARE MITIGATION
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(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)