Azusa Municipal Code Ch. 88.31 Operational Standards

A. Purpose. This chapter provides standards that regulate various aspects of the operation of an approved land use, for the protection of public health, safety, and welfare.

B. Applicability. The requirements of this chapter shall apply to all development and land uses.

A. Purpose. This section implements the policies of the noise element of the general plan, and provides standards for noise mitigation that are intended to protect the community health, safety, and general welfare by limiting exposure to the unhealthful effects of noise.

B. Applicability. No use, activity, or process shall exceed the maximum allowable noise levels established by this section, except for the following noise sources:

1. Emergencies. Public safety warning devices (e.g., ambulance, fire, and police sirens), sound for alerting persons to the existence of an emergency, or the performance of authorized emergency work;

2. State or Federal Preempted Activities. Any activity regulated by state or federal law;

3. Public Health and Safety Activities. Construction, maintenance, and/or repair operations by public agencies and/or utility companies or their contractors that are serving public interests, and/or protecting the public health, safety, and general welfare;

4. Parks. Public agency sanctioned recreational activities and programs conducted in public parks; and

5. Solid Waste Collection. The authorized collection of solid waste.

C. Noise Source Standards.

1. Noise Level Limitations. No use, activity, or process within the city shall generate noise in excess of the levels identified by Tables 3-3 and 3-4, as the noise is measured at the property line of a noise sensitive land use identified in Tables 3-3 and 3-4.

a. If the measured ambient noise level exceeds the applicable noise level standard in any category shown in Table 3-3, the applicable standards shall be adjusted to equal the ambient noise level.

b. If the intruding noise source is continuous and cannot reasonably be discontinued or stopped to allow measurement of the ambient noise level, the noise level measured while the source is in operation shall be compared directly to the applicable noise level standards identified in Table 3-3.

Notwithstanding the above requirements, no person shall allow or cause the generation of any noise of a type, volume, pitch, tone, repetition, or duration that would be found to be a nuisance by a reasonable person beyond the boundaries of the property where the noise is generated.

TABLE 3-3. MAXIMUM ALLOWABLE NOISE LEVEL BY RECEIVING LAND USE

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(1) Where the location of outdoor activity areas is unknown, the exterior noise level standard shall be applied to the property line of the receiving land use.

(2) Where it is not possible to reduce noise in outdoor activity areas to 65 dB Ldn/CNEL or less using a practical application of the best-available noise reduction measures, an exterior noise level of up to 70 dB Ldn/CNEL may be allowed provided that available exterior noise level reduction measures have been implemented and interior noise levels are in compliance with this table.

(3) Subject to an acoustical analysis in compliance with subsection C.2

TABLE 3-4 - NOISE STANDARDS FOR SHORT-DURATION EVENTS NEAR RESIDENTIAL AREAS

Notes:

(1) If the offensive noise contains a steady, audible tone (e.g., a screech or hum), is a repetitive noise (e.g., hammering), or contains speech or music, the maximum allowable sound level shall be reduced by five dB.

2. Acoustical Analysis Required. Where the director determines that a proposed project may generate noise in excess of any limit established by Table 3-3, and/or where the use may generate noise in outdoor areas in excess of 60 dBA, the land use permit application for the use shall include an acoustical analysis by a qualified professional approved by the director.

a. Contents. The analysis shall determine the potential for stationary source noise impacts to neighboring land uses, include field measurements to determine more precise locations for existing and projected future noise levels (based on traffic projections in the circulation element of the general plan or as otherwise accepted by the city), and recommend appropriate mitigation measures.

b. Preferred Mitigation Measures for Receptor Sites. When development is subject to high noise levels requiring mitigation, the following measures shall be considered and preference shall be given where feasible in the following order:

(1) Site layout, including setbacks, open space separation and shielding of noise sensitive uses with non-noise-sensitive uses;

(2) Acoustical treatment of buildings; or

(3) Structural measures such as constructed of earth berms and/or wood or concrete barriers; provided that no sound wall shall be located adjacent to a public street.

3. Limitation on Hours of Construction. In order to allow construction schedules to take advantage of the weather and normal daylight hours, and to ensure that nearby residents as well as nonresidential activities are not disturbed by the early morning or late night activities, the city has established the following limits on construction, in compliance with Table 3-5 or as required by conditions of approval.

TABLE 3-5. ALLOWABLE HOURS OF CONSTRUCTION

4. Limitation on Truck Deliveries. Truck deliveries to a commercial or industrial parcel adjacent to a conforming residential use shall be limited to the hours between 7:00 a.m. and 7:00 p.m., unless the Director authorizes other delivery times based on the determination that there is either no feasible alternative, or there are overriding transportation and traffic management benefits to scheduling deliveries at night.

D. Noise Receptor Standards. Where noise-sensitive land uses are proposed in areas exposed to existing or projected noise levels in excess of the standards in Tables 3-3 and 3-4, the city shall require an acoustical analysis as part of the environmental review process so that noise mitigation may be included in the project design, so that proposed structures are designed to limit intruding noise in interior rooms to 45 dBA Ldn. At the discretion of the director, the requirement for an acoustical analysis may be waived if all of the following conditions are satisfied:

1. The development is for less than five single-family dwellings or less than 10,000 square feet of total gross floor area for office buildings meeting facilities;

2. The noise source in question consists of a single roadway or railroad for which up-to-date noise exposure information is available. An acoustical analysis will be required if the noise source is a stationary noise source, or if there are multiple noise sources that could affect the project;

3. The projected future noise exposure at the exterior of proposed buildings or outdoor activity areas does not exceed 65 dBA Ldn;

4. The topography of the area is essentially flat; and

5. Effective noise mitigation, as determined by the director, is incorporated into the project design. The measures can include, but are not limited to, the use of building setbacks, building orientation, or noise barriers. If closed windows are required for compliance with interior noise level standards, air conditioning or a mechanical ventilation system will be required.

E. Noise Measurement. In order to determine compliance with the standards in Tables 3-3 and 3-4, exterior noise levels shall be measured at the property line of the noise sensitive land use receiving the noise. Noise measurement shall be made with a sound level meter using the "A" weighted scale at slow meter response. Fast meter response shall be used only for an impulsive noise.

(Ord. No. 06-O6, § 1B, 8-7-06)

Outdoor lighting on private property shall comply with the following requirements.

A. An outdoor light fixture shall be limited to a maximum height of 14 feet or the height of the nearest building, whichever is less.

B. Outdoor lighting shall utilize energy-efficient fixtures and lamps; examples include high pressure sodium, hardwired compact fluorescent, or other lighting technology that is of equal or greater energy efficiency.

C. Lighting fixtures shall be shielded or recessed to reduce light bleed to adjoining properties, by:

1. Ensuring that the light source (e.g., bulb, etc.) is not visible from off the site; and

2. Confining glare and reflections within the boundaries of the site to the maximum extent feasible.

Each light fixture shall be directed downward and away from adjoining properties and public rights-of-way, so that no on-site light fixture directly illuminates an area off the site.

D. No lighting on private property shall produce an illumination level greater than one footcandle on any property within a Neighborhood except on the site of the light source.

E. No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness, as determined by the director.

A. Purpose. This section provides performance standards that are designed to minimize various potential operational impacts of land uses and development within the city, and promote compatibility with adjoining areas and land uses.

B. Applicability. The provisions of this section apply to all new and existing land uses, including permanent and temporary uses, unless an exemption is specifically provided. A land use existing on the effective date of this section shall not be altered or modified thereafter to conflict with these standards.

C. Air Emissions. No operation or activity shall emit excessive smoke, fumes, dust, or particulate matter, or which exceed the requirements or levels specified by the South Coast Air Quality Management District.

D. Combustibles and Explosives. The use, handling, storage, and transportation of combustibles and explosives shall comply with the Uniform Fire Code, and California Code of Regulations Title 19, including the provision of adequate safety devices to guard against fire and explosion hazards, and adequate firefighting and fire suppression equipment and devices.

E. Ground Vibration. No ground vibration shall be generated that is perceptible without instruments by a reasonable person at the property lines of the site, except for vibrations from temporary construction or demolition activities, and motor vehicle operations.

F. Light and Glare. Outdoor lighting shall comply with the requirements of Section 88.31.030 (Outdoor Lighting).

G. Liquid Waste. All sewage and industrial waste systems shall comply with all requirements of the county sanitation districts and the city engineer. All industrial wastes not approved for deposit in sewer lines shall be disposed of as required by the city engineer.

H. Noise. See Section 88.31.020 (Noise Standards).

I. Odor. No obnoxious odor or fumes shall be emitted that are perceptible without instruments by a reasonable person at or beyond the property line of the site.

J. Radioactivity, Electrical Disturbance or Electromagnetic Interference. None of the following shall be emitted:

1. Radioactivity, in a manner that does not comply with all applicable state and federal regulations.; or

2. Electrical disturbance or electromagnetic interference that interferes with normal radio or television reception, or with the function of other electronic equipment beyond the property line of the site; or that does not comply with all applicable Federal Communications Commission (FCC) and other applicable state and federal regulations.

A. Maintenance Standard. Each structure and parcel within the city shall be kept and maintained in a clean, neat, orderly, operable, and usable condition, reflecting common community standards, and in compliance with Municipal Code Section 34-231 (Nuisance Abatement). This requirement applies to buildings, paving, fences, walls, landscaping, water, earth, and any other structures or natural features.

B. Equipment Storage. No construction equipment or other heavy equipment shall be stored on property within a neighborhood zone or other parcel where outdoor storage is not specifically allowed by the applicable zone.

C. Use of Setbacks. See Section 88.30.060.E (Limitations on the use of setbacks).