Chapter 17.56 — ENVIRONMENTAL PROTECTION — POLLUTION STANDARDS

All activities involving, and all storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and firesuppression equipment and devices standard in industry and as approved by the fire department. All incineration is prohibited.

(Ord. 354 § 6.5.1, 1973)

Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located.

Further, no radiation of any kind shall be emitted in quantities which is dangerous to humans. (Ord. 354 § 6.5.2, 1973)

• (a) At the lot line the maximum sound pressure level radiated in each standard octave band by any use or facility (other than transportation facilities or temporary construction work) shall not exceed the db-A values given in Table I, after applying the correction shown in Table II.

• (b) The sound pressure level shall be measured with a sound level meter and associated octave band analyzer, conforming to standards prescribed by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z24.31944, American Standards Association, Inc., New York, N.Y. and American National Standard Specifications for an Octave-Band Filter set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Standards Association, Inc., New York, N.Y. shall be used.) Measurements shall be made as follows:

If the noise is not smooth and continuous and is not radiated between the hours of one p.m., and seven a.m., one or more of the corrections in Table II shall be applied to the octave band levels given in Table I.

TABLE II Type of location of operation or character of noise Correction in decibels (4) Noise of periodic character such as hammering or Minus 5 screeching

• (c) Vibration. No vibrations shall be permitted so as to cause a noticeable tremor, measurable without instruments at the lot line.

• (Ord. 354 § 6.5.3, 1973)

No emission shall be permitted at any point from any chimney or otherwise of visible grey smoke or of a shade equal to or darker than No. 2 on Power’s Micro Ringlemann Chart published by the McGraw-Hill Publishing Co., Inc. and copyright 1954 (being a direct facsimile reduction of a standard Ringlemann Chart as issued by the United States Bureau of Mines) except that visible grey smoke of a shade equal to No. 3 on said chart may be emitted for four minutes in any thirty minutes. (Ord. 354 § 6.5.4, 1973)

No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air to four volumes of clean air, at the lot line. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is established as a guide in determining such quantities of offensive odors, Table III, “Odor Thresholds,” in Chapter 5, Air Pollution Abatement Manual, copyright 1951 by Manufacturing Chemists’ Association, Inc., Washington, D.C. (Ord. 354 § 6.5.5, 1973)

No emission shall be permitted which can cause any damage to health, animals, vegetations or other forms of property, or which can cause any excessive soiling at any point. No emissions shall be permitted in excess of the standards specified in Table I, Chapter 5, “Industrial Hygiene Standards, Maximum Allowable Concentrations” of the Air Pollution Abatement Manual, copyright 1951 by Manufacturing Chemists’ Association, Inc, Washington, D.C. In no event shall any emission from any chimney or otherwise, of any solid or liquid particles in concentrations, exceed 0.3 grains per cubic foot of the conveying gas at any point. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of five hundred degrees Fahrenheit and fifty percent excess air. (Ord. 354 § 6.5.6, 1973)

No direct or reflected glare, whether produced by floodlight, high temperature processes such as combustion or welding, or other processes, so as to be visible from any boundary line of property on which the same is produced shall be permitted. Sky-reflected glare from buildings or portions thereof shall be so controlled by such reasonable means as are practical to the end that the sky-reflected glare will not inconvenience or annoy persons or interfere with the use and enjoyment of property in and about the area where it occurs.

(Ord. 354 § 6.5.7, 1973)

No discharge at any point into any public sewer, private sewage disposal system or stream, or into the ground, of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements, shall be permitted, except in accord with standards approved by the California Department of Public Health or such other governmental agency as shall have jurisdiction of such activities.

(Ord. 354 § 6.5.8, 1973)

Projects will be required to comply with the following provision for the protection of cultural resources.

In the event of an accidental discovery or recognition of any human remains or other significant cultural resources on each future project site, the project excavation or disturbance will cease until a qualified professional in archeological, paleontological or historic cultural resources are addressed in a manner acceptable by that professional. If human remains are found during excavation or construction, work will be halted at a minimum of thirty feet from the find and the area will be staked off. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Monterey County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within twenty-four hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (“MLD”) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods. The landowner or authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: (a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within twenty-four hours after being notified by the commission; (b) the descendent identified fails to make a recommendation; or (c) the landowner or authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.

(Ord. 715 § 3, 2015)

Stormwater and Water Quality Protection. Developers shall be required to meet all measures for stormwater pollution control, waste management, and provide public utility connections that comply with the city and other service providers. The United States Environmental Protection Agency has promulgated regulations requiring permits for stormwater discharges from small municipal separate storm sewer systems (MS4s). The city of King is an MS4 and therefore projects within the city shall meet the standards established by the Central Coast Regional Water Quality Control Board (RWQCB). Since impermeable surfaces (such as paving and buildings) as well as bare unvegetated soil greatly increases runoff and the potential for erosion and pollution of waters within streams and the Salinas River, mitigation measures have been deemed necessary to reduce runoff and increase percolation within the urban area of the city.

Development in the city will be required to include best management practices (BMPs), including erosion and sediment control, during construction and grading and include low impact development (LID) design practices in the design and layout of the project. According to the RWQCB, LID “is an effective approach to managing stormwater to minimize the adverse effects of urbanization and development on watershed processes and beneficial uses resulting from changes in stormwater runoff conditions. LID strategies can achieve significant reductions in pollutant loading and runoff volumes as well as greatly enhanced groundwater recharge rates. The proper implementation of LID techniques results in greater benefits than single purpose stormwater and flood control infrastructure.”

Therefore, controlling urban runoff pollution by using a combination of on-site source control and LID BMPs augmented with treatment control BMPs before the runoff enters the MS4 is important and will be required of each development project (unless specifically exempted by the RWQCB). Also, according to the RWQCB, “the risks associated with infiltration can be properly managed by many techniques, including: (1) designing landscape drainage features that promote infiltration of runoff, but do not “inject” runoff (injection bypasses the natural processes of filtering and transformation that occur in the soil); (2) taking reasonable steps to prevent the illegal disposal of wastes; (3) protecting footings and foundations; and (4) ensuring that each drainage feature is adequately maintained in perpetuity. However, in some circumstances, site conditions (e.g., historical soil contamination) and the type of development (i.e., urban infill) can limit the feasibility of retaining, infiltrating, and reusing stormwater at sites.” (Source: Resolution No. R3-2013-0032, Approving Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region, Central Coast Regional Water Quality Control Board.)

site conditions (e.g., historical soil contamination) and the type of development (i.e., urban infill) can limit the feasibility of retaining, infiltrating, and reusing stormwater at sites.” (Source: Resolution No. R3-2013-0032, Approving Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region, Central Coast Regional Water Quality Control Board.)

The City Engineer shall review each project, unless exempted by the RWQCB, to assure compliance with these requirements, including the RWQCB “Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region.” These RWQCB standards include BMPs for erosion and sediment control during project construction and after completion of the project. LID measures include, but are not limited to: limiting disturbance of creeks and natural drainage features, minimizing compaction of highly permeable soils, limiting removal of native vegetation at the site to the minimum area needed to build the project, limiting impermeable surfaces, including buildings and paving, and the use of innovative design layout that further increases permeable surfaces and landscaping.

Development shall minimize stormwater runoff by implementing one or more of the following site design measures identified by the RWQCB:

• (1) Direct roof runoff into cisterns or rain barrels for reuse;

• (2) Direct roof runoff onto vegetated areas safely away from building foundations and footings, consistent with California Building Code;

• (3) Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas safely away from building foundations and footings, consistent with California Building Code;

• (4) Direct runoff from driveways and/or uncovered parking lots onto vegetated areas safely away from building foundations and footings, consistent with California Building Code;

• (5) Construct bike lanes, driveways, uncovered parking lots, sidewalks, walkways, and patios with permeable surfaces;

• (6) The directing of runoff to bioretention basins; and

(7) Other similar measures as determined by the city engineer. (Ord. 715 § 3, 2015)