§ 9103.13

A.

This Section establishes performance standards to protect against the use of any property or structure in any zone in any manner which would create any dangerous, injurious, noxious, or otherwise objectionable challenge to local health, safety, and general welfare of the public and the surrounding area or adjoining premises. These performance standards shall apply to all uses in all zones, except for legal nonconforming uses, which, based on a written opinion of the City Attorney, have an established right not to comply with the provisions of this Chapter.

B.

Compliance with this Section may be waived by the Council if a condition created under prior ordinances physically precludes the reasonable application of the standards. Additional categorical exemptions from compliance with the performance standards are as follows:

1.

Temporary activity festivals and other special events with approved Temporary Use Permits or other required permits, where such activities otherwise comply with other applicable provisions of this Development Code.

2.

Any emergency activity on the part of the City or a private party.

3.

Temporary construction activity is exempted except where such activity is explicitly regulated by other regulations of the Municipal Code.

No existing or proposed use, activity, or process or portion thereof shall from any single or combined source of emission whatsoever discharge into the atmosphere dust, dirt, or ash, except as may be permitted by the South Coast Air Quality Management District.

No existing or proposed use, activity, or process or portion thereof shall from any source whatsoever discharge smoke or other particulate matter into the atmosphere, except as may be permitted by the South Coast Air Quality Management District.

No existing or proposed use, activity, or process or portion thereof shall produce electromagnetic disturbances or radioactive emanations which interfere with normal radio or television reception in residential or commercial zones or which constitute a nuisance or hazard to adjacent properties.

No existing or proposed use, activity, or process or portion thereof shall discharge from any source whatsoever such quantities of odorous gases or other odorous matter which would cause injury to the

public or endanger the comfort, repose, health, and safety of any persons, or would cause or have a natural tendency to cause injury or damage to business or property.

A.

Every existing or proposed use, activity, or process or portion thereof producing heat shall be carried on in such a manner that the heat caused is not perceptible at or beyond any property line. The presence of heat as in the form of heat waves within the boundaries of a property shall not in itself constitute a violation of this Section.

B.

Every existing or proposed use, activity, or process or portion thereof producing humidity in the form of steam or moist air shall be carried on in such a manner that the humidity caused is not perceptible at or beyond any property line. The presence of humidity in the form of steam or moist air within the boundaries of a property shall not in itself constitute a violation of this Section.

Every existing or proposed use, activity, or process or portion thereof producing glare shall be shielded in such a manner that the glare is not perceptible at or beyond any property line.

No existing or proposed use, activity, or process or portion thereof shall cause or create a steady state or impact vibration on or beyond any property line with a vibration displacement by frequency bands in excess of that indicated in the Table 3-17 (Vibration Limits).

9103.13.090 - Odors.

No existing or proposed use, activity, or process or portion thereof shall discharge from any source whatsoever such quantities of odorous gases or other odorous matter which would cause injury to the public or endanger the comfort, repose, health, and safety of any persons, or would cause or have a natural tendency to cause injury or damage to business or property.

Section 9103.15 - Density Bonuses for Affordable and Senior Housing