Article 4 — PERFORMANCE STANDARDS

(a)

The specific purposes of this article are to:

(1)

Establish permissible limits and permit objective measurement of nuisances, hazards, and objectionable conditions;

(2)

Ensure that all uses will provide necessary control measures to protect the community from nuisances, hazards, and objectionable conditions; and

(3)

Protect any industry from arbitrary exclusion.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

The requirements in this chapter apply to all land uses in all Zoning Districts, unless otherwise specified.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

Land or buildings shall not be used or occupied in a manner creating any dangerous, injurious, or 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 substantially adversely affect the surrounding area.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

Measurements necessary for determining compliance with the standards of this chapter shall be taken at the lot line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Noise or acoustic study. A noise or acoustic study shall be required for any proposed project which could create or be subject to noise exposure above the acceptable levels prescribed in the Safety, Air Quality and Noise Element of the General Plan.

(b)

Noise attenuation measures. Noise attenuation measures necessary to reduce noise impacts to acceptable levels to the extent feasible may be required to be incorporated into a project in accordance with the following:

(1)

All new residential development shall achieve interior noise level reductions through sound insulation and other measures to meet the General Plan land use compatibility standards by acoustical design and construction of the structure and building elements.

(2)

New dwelling units exposed to an exterior DNL above sixty-five (65) decibels shall incorporate the following noise reduction measures:

a.

All facades shall be constructed with substantial weight and insulation;

b.

Sound-rated windows providing noise reduction performance similar to that of the façade shall be included for all exterior entries;

c.

Acoustic baffling of vents is required for chimneys, fans, and gable ends; and

d.

Installation of a mechanical ventilation system affording comfort under closed window conditions.

(3)

Sound walls or other attenuation measures designed to reduce noise by a minimum of ten (10) dB in residential areas adjacent to State highways when additional lanes are added or when new residential development or sensitive receptors would be exposed to noise above sixty-five (65) decibels. Please also see Section 9-4.203, Fences and Freestanding Walls.

(4)

Other measures identified in an acoustic study conducted for the proposed project as necessary to reduce noise levels to "normally acceptable" levels.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

No vibration shall be produced that is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, and trucks.) are exempt from this standard.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Activities, processes, and uses shall be operated in compliance with the following provisions:

(1)

Lighting. All security and site lighting shall be shielded to avoid "spill over" nuisance lighting to the existing adjacent uses. Lights shall be placed to deflect light away from adjacent properties and public streets, and to prevent adverse interference with the normal operation or enjoyment of surrounding properties. Direct or skyreflected glare from floodlights shall not be directed into any other property or street. Except for public street lights, no light or combination of lights, or activity shall cast light on a public street exceeding one foot-candle as measured from the centerline of the street. No light, combination of lights, or activity shall cast light onto a residentially zoned property, or any property containing residential uses, exceeding one-half footcandle.

(2)

Glare. No use shall be operated such that significant, direct glare, incidental to the operation of the use is visible beyond the boundaries of the lot where the use is located.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Property Owners shall have the following obligations for their property:

(1)

General maintenance. Sites and facilities shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times.

(2)

Walls. Walls shall be maintained in good repair, including painting, if required, and shall be kept free of graffiti, litter, or advertising. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the maximum allowed height.

(3)

Signs. Every sign displayed within the city, including signs exempt from review, shall be maintained in good physical condition. All defective or broken parts shall be replaced. Exposed surfaces shall be kept clean, in good repair, free from graffiti, and painted where paint is required. The Community Development Director may order the repair or removal of any sign determined by the City to be unsafe, defective, damaged, or substantially deteriorated.

(4)

Landscaping. All planting and other landscape elements shall be permanently maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing, and regular watering. Wherever necessary, plantings shall be replaced with other plant materials to insure continued compliance with applicable landscaping requirements.

(5)

Trees. Trees shall be maintained by property owners to be free from physical damage or injury arising from lack of water, chemical damage, accidents, vandalism, insects and disease. Any tree showing significant damage shall be replaced with another tree.

(b)

The maintenance provisions of this chapter are in addition to those described in Section 7-6.101 of the Municipal Code.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

No use, process, or activity shall produce objectionable odors that are perceptible without instruments by a reasonable person at the lot lines of a site.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

Uses, activities, and processes shall not produce any emissions of heat or humidity that cause distress,

physical discomfort, or injury to a reasonable person, or interfere with ability to perform work tasks or conduct other customary activities. In no case shall heat emitted by a use cause a temperature increase in excess of five (5) degrees Fahrenheit on another property.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

General operations. Uses, activities, and processes shall not operate in a manner that emit excessive dust, fumes, smoke, or particulate matter.

(b)

Compliance. Sources of air pollution shall comply with rules identified by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, and the San Joaquin Valley Air

Pollution Control District (SJVAPCD).

(c)

San Joaquin Valley Air Pollution Control District (SJVAPCD) permit. Operators of activities, processes, or uses that require "approval to operate" from the SJVAPCD, shall file a copy of the permit with the Community Development Department within thirty (30) days of permit approval.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Discharges to water or sewers. Liquids and solids of any kind shall not be discharged, whether directly or indirectly, into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the California Regional Water Quality Control Board. Storm runoff shall not drain directly across sidewalks in any areas other than over driveway approaches.

(b)

Solid wastes. Solid wastes shall be handled and stored so as to prevent nuisances, health, safety and fire hazards, and to facilitate recycling. There shall be no accumulation outdoors of solid wastes conducive to the breeding of rodents or insects, unless stored in closed containers.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

All activities, processes and uses involving the use of, or storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Fire fighting and fire suppression equipment and devices standard in industry shall be approved by the Fire Department. All incineration is prohibited with the exception of those substances such as, but not limited to, chemicals, insecticides, hospital materials and waste products, required by law to be disposed of by burning, and those instances wherein the Fire Department deems it a practical necessity.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

Sec. 9-4.414. - Hazardous and extremely hazardous materials.

The use, handling, storage and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations and the California Fire and Building Code, as well as the laws and regulations of the California Department of Toxic Substances Control and the County Environmental Health Agency. Activities, processes, and uses shall not generate or emit any fissionable or radioactive materials into the atmosphere, a sewage system or onto the ground.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

No use, activity or process shall cause electromagnetic interference with normal radio and television reception in any Residential district, or with the function of other electronic equipment beyond the lot line of the site in which it is situated. All uses, activities and processes shall comply with applicable Federal Communications Commission regulations.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

All handling, storage, transportation, and use of radioactive materials shall comply with the provisions of the California Code of Regulations, Title 17, and any other applicable laws.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)