Chapter 820.3 — PERFORMANCE STANDARDS

The purpose of this Chapter is to establish uniform performance standards that are designed to minimize and mitigate potential impacts of development within the County and to promote compatibility with surrounding areas and land uses.

• A. New and existing uses in all zones. The provisions of this Chapter shall apply to all land, structures, and uses in all zones. The standards of this Chapter elaborate upon and otherwise augment the development standards specified for individual zones in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) and in Article 4 (Standards for Specific Land Uses).

• B. Compliance of alterations or modifications. Uses of the land that existed on the effective date of this Chapter shall not be altered or modified so as to conflict with, or further conflict with, these standards.

• C. Evidence of compliance with standards. If requested by the Director or the applicable 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 Zoning Ordinance before the issuance of a Building Permit or business license.

A. Air pollution.

1. Sources of air pollution shall comply with rules established by the Environmental Protection Agency (Code of Federal Regulations, Title 40) and the California Air Resources Board.

2. No person shall operate a regulated source of air pollution without a valid operation permit issued by the San Joaquin Valley Air Pollution Control District (SJVAPCD).

3. Owners/operators of uses, activities, or processes that require SJVAPCD approval of a permit to operate shall file a copy of the permit with the Department within 30 days of its approval.

• B. Dust and dirt. Land use activities that may create dust emissions (e.g., construction, grading, etc.) shall be conducted in compliance with the rules and regulations of the San Joaquin Valley Air Pollution Control District (SJVAPCD).

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• C. Exhaust emissions. Any gas or diesel fired back-up power generator rated at 50 horsepower or greater shall require prior approval from the San Joaquin Valley Air Pollution Control District (SJVAPCD).

• A. Population Density General. The population density regulations specified in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) shall apply. Occupancy shall not be increased in any manner except in conformity with these regulations. Additional exceptions for the R-3, R-3-A, R-4 and R-P Zone Districts are noted below.

• B. R-3 and R-3-A Zone Districts. A nonconforming parcel of record under separate ownership at the time it became nonconforming may be used for or occupied by any allowed use subject to the following limitation:

  1. Where the parcel has less than 3,000 square feet of parcel area, the parcel shall not be used for more than one dwelling unit.

  2. Where the parcel has 3,000 square feet of parcel area or more than but less than 4,500 square feet of parcel area, the parcel shall not be used for more than two dwelling units.

  3. Where the parcel has 4,500 square feet of parcel area or more but less than 6,000 square feet of parcel area, the parcel shall not be used for more than three dwelling units.

  4. Where the parcel has 6,000 square feet of parcel area or more but less than 7,000 square feet of parcel area, the parcel shall not be used for more than four dwelling units.

• C. R-4 Zone District. A nonconforming parcel of record under separate ownership at the time it became nonconforming may be used for or occupied by any allowed use subject to the following limitation:

  1. Where the parcel has less than 3,000 square feet of parcel area, the parcel shall not be used for more than one dwelling unit.

  2. Where the parcel has 3,000 square feet of parcel area or more than but less than 4,000 square feet of parcel area, the parcel shall not be used for more than two dwelling units.

  3. Where the parcel has 4,000 square feet of parcel area or more but less than 5,000 square feet of parcel area, the parcel shall not be used for more than three dwelling units.

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4. Where the parcel has 5,000 square feet of parcel area or more but less than 6,000 square feet of parcel area, the parcel shall not be used for more than four dwelling units.

5. Where the parcel has 6,000 square feet of parcel area or more but less than 7,000 square feet of parcel area, the parcel shall not be used for more than five dwelling units.

6. Where the parcel has 7,000 square feet of parcel area or more but less than 8,000 square feet of parcel area, the parcel shall not be used for more than six dwelling units.

7. Where the parcel has 8,000 square feet of parcel area or more but less than 9,000 square feet of parcel area, the parcel shall not be used for more than seven dwelling units.

8. Where the parcel has 9,000 square feet of parcel area or more but less than 9,500 square feet of parcel area, the parcel shall not be used for more than eight dwelling units.

9. Where the parcel has 9,500 square feet of parcel area or more but less than 10,000 square feet of parcel area, the parcel shall not be used for more than nine dwelling units.

• D. R-P Zone District. A nonconforming parcel of record under separate ownership at the time it became nonconforming may be used for or occupied by any allowed use subject to the following limitation:

  1. Any parcel having less than 4,000 square feet of parcel area may not be used for residential purposes.

  2. Where the parcel has 4,000 square feet of parcel area or more than but less than 6,500 square feet of parcel area, the parcel shall not be used for more than two dwelling units.

  3. Where the parcel has 6,500 square feet of parcel area or more but less than 7,500 square feet of parcel area, the parcel shall not be used for more than three dwelling units.

No structure shall be constructed which may be in conflict with a legally-established easement.

Operators of activities, processes, and uses shall comply with all applicable Federal Communications Commission regulations regarding interference and public nuisance.

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February 2024

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• A. Parcel design shall provide, to the extent feasible, for passive or natural heating or cooling opportunities and for other measures that conserve nonrenewable energy resources. Design measures to accomplish these objectives may include, but are not limited to, the arranging of streets, parcels, structures, and landscaping to (1) provide solar access for active solar water and space heating systems and passive space heating, (2) minimize solar heat gain in the summer, and (3) take advantage of prevailing breezes.

• B. In providing for future passive or natural heating or cooling opportunities, consideration shall be given to local climate, to contour, to configuration of the original parcel, and to other design and improvement requirements. These provisions shall not result in reducing allowable densities or the percentage of a parcel which may be occupied by a structure under applicable zoning.

• A. Exterior lighting.

  1. Exterior lighting shall be:

     • a. Directed downward and shielded so that all direct light and glare is confined within the boundaries of the subject parcel, thereby minimizing off-site glare;

     • b. Installed so that lights do not blink, flash, or be of unusually high intensity or brightness; and

     • c. Appropriate in height, intensity, and scale to the structures and uses they are serving.

  2. Exterior lighting shall not:

     • a. Exceed 150 watts or directly illuminate or be visible from abutting properties.

     • b. Result in:

       • (1) Indirect illumination of abutting properties in excess of 0.5-foot candles;

       • (2) A point of overlap between light patterns greater than seven feet for pedestrian lighting systems; or

       • (3) An intensity of lighting within the physical limits of an area required to be lighted that is greater than seven-foot candles.

• B. Security lighting. Security lighting shall be provided at all entrances/exits to structures. The minimum illumination shall be two foot-candles at ground level in front of the entrance/exit.

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February 2024

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• C. Shielded lighting. Light sources shall be shielded to direct light rays onto the subject parcel only. The light source, whether bulb or tube, shall not be directly visible from an abutting property or public street rights-of-way. This Section does not apply to public street lighting, sign illumination, or traffic safety lighting.

All new development and modifications to existing development shall comply with the requirements of the Alquist-Priolo Earthquake Zoning Act (Public Resources Section 2621 et seq.) and County Ordinance Code Title 24.

The following standards shall apply to new development and shall be administered in conjunction with Chapter 8.40 (Noise Control) of the County Ordinance Code.

• A. Compliance with Table 3-1. The compatibility of proposed projects with existing and future noise levels shall be evaluated through a comparison to Table 3-1 (Land Use Compatibility for Community Noise Environments).

• B. New noise-sensitive land uses. New noise-sensitive land uses (which include, but are not limited to, residential neighborhoods, schools, and hospitals) may only be approved in areas where existing or projected noise levels are “normally acceptable” or “conditionally acceptable” in compliance with Table 3-1 (Land Use Compatibility for Community Noise Environments). Noise mitigation measures may be required to reduce noise in outdoor activity areas and interior spaces to these levels.

• C. Acoustical analysis required. An acoustical analysis shall be required for new projects as part of the environmental review process where:

  1. Noise sensitive land uses are proposed in areas exposed to existing or projected noise levels that are “normally unacceptable” or higher according to the Table 3-1 (Land Use Compatibility for Community Noise Environments); and

  2. Proposed projects are likely to produce noise at levels exceeding the levels shown in the Table 3-1 (Land Use Compatibility for Community Noise Environments) at existing or planned noise-sensitive uses.

• D. Noise mitigation measures required. Where noise mitigation measures are required to achieve acceptable levels according to land use compatibility standards in Table 3-1 (Land Use Compatibility for Community Noise Environments ) , the emphasis of these measures shall be upon site planning and project design. These measures may include, but are not limited to, structure orientation, setbacks, earthen berms, and building construction practices. The County shall consider the use of noise barriers (e.g., soundwalls) as a means

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of achieving the noise standards after other design-related noise mitigation measures have been evaluated or integrated into the project.

• E. Determination of impact. Where existing noise-sensitive uses may be exposed to increased noise levels due to roadway improvement projects, the County shall apply the following criteria to determine the significance of the impact:

  1. Where existing noise levels are less than 60 dBLdn at outdoor activity areas of noisesensitive uses, a 5 dBLdn increase in noise levels will be considered significant;

  2. Where existing noise levels are between 60 and 65 dBLdn at outdoor activity areas of noise-sensitive uses, a 3 dBLdn increase in noise levels will be considered significant; and

  3. Where existing noise levels are greater than 65 dBLdn at outdoor activity areas of noise-sensitive uses, a 1.5 dBLdn increase in noise levels will be considered significant.

• F. Aircraft operations. No new residential land uses shall be approved in areas exposed to existing or projected levels of noise from aircraft operations at any airport or air base which exceed 60 dBLdn or CNEL.

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TABLE 3-1 LAND USE COMPATIBILITY FOR COMMUNITY NOISE ENVIRONMENTS

Community Noise Exposure (Outdoor) Land Use Category Ldn or CNEL, dB 50 55 60 65 70 75 80 85 Re Residential: Low-Density SingleFamily, Duplex, Mobile Homes Residential: Multiple Family Transient Lodging: Motels, Hotels OTe Schools, Libraries, Churches, Hospitals, Nursing Homes > Auditoriums, Concert Halls, Amphitheaters |[ft] Sports Arena, Outdoor Spectator Sports tr Playgrounds, Neighborhood Parks Golf Courses, Riding Stables, Water Recreation, Cemeteries a Office Buildings, Business = Commercial and Professional | Industrial, Manufacturing, Utilities, Agriculture a| ee

Specified land use is satisfactory, based upon the assumption that any Normally buildings involved are of normal conventional construction, without any Acceptable special noise insulation requirements. New construction or development should be undertaken only after a detailed analysis of the noise reduction requirement is made and needed Conditionally noise insulation features included in the design. Conventional construction, Acceptable but with closed windows and fresh air supply systems or air conditioning will normally suffice. New construction or development should generally be discouraged. If new Generally construction or development does proceed, a detailed analysis of the noise Unacceptable reduction requirements must be made and needed noise insulation features included in the design. Land Use New construction or development should generally not be undertaken. Discouraged

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Noxious odorous emissions in a matter or quantity that is detrimental to or endangers the public comfort, health, safety, or welfare is declared to be public nuisance and unlawful and shall be modified to prevent further emissions release.

• A. Method of adoption. Specific plan lines shall be adopted in compliance with County Ordinance Code Chapter 19.08.

• B. Location of future street rights-of-way. Specific plan lines announce the location of future street rights-of-way. Before issuance of any permit, proponents shall be advised that structures should be located outside of the specific plan lines area. Failure to provide this information shall not affect the validity of the permit.

A temporary structure shall be subject to all applicable property development standards for the zone in which it is located.

All new development and modifications to existing development shall comply with County Ordinance Code Title 24.

• A. No use shall generate vibrations that may be considered a nuisance or hazard on any abutting property.

• B. Vibrations from temporary construction/demolition and vehicles that leave the subject parcel (e.g., trucks) are exempt from the provisions of this Section.

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