Chapter 17.58 — PERFORMANCE STANDARDS

The performance standards established in this Chapter are intended to ensure that uses and activities shall occur in a manner to protect the public health and safety and that do not produce adverse impacts on surrounding properties nor on the community at large. The standards contained in this Chapter apply to all Zoning Districts. If necessary, the City will retain a professional expert or designated regulatory agency to assist in assessing possible impacts, and the applicant or business owner will pay any cost incurred. (Ord. 1501 § 1, 2011)

Land or buildings shall not be used or occupied in a manner creating any dangerous injurious, 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 adversely affect the surrounding area. All uses shall conform to the regulations of this Chapter in addition to the regulations set forth for the Zoning District in which the use is situated.

(Ord. 1501 § 1, 2011)

Measurements necessary for enforcement of performance standards set forth in this Chapter shall be taken at the following points:

• A. Generally, at the lot line of the establishment or use; or

• B. In the M-1 and M-2 districts, at a point 500 feet from the exterior wall of the use or at the lot line of the use, whichever is less.

• (Ord. 1501 § 1, 2011)

The following standards are intended to ensure that the use, handling, storage, and transportation of hazardous materials comply with all applicable state laws (Government Code Section 65850.2 and Health and Safety Code Section 25505 , et seq.) and that appropriate information is reported to the Fire Department as the regulatory authority.

• A. Reporting Requirements. All businesses required by state law (Health and Safety Code, Section 6.95 ) to prepare hazardous materials release response plans and hazardous materials inventory statements shall, upon request, submit copies of these plans, including any revisions, to the Fire Department.

• B. Underground Storage. Underground storage of hazardous materials shall comply with all applicable requirements of state law (Health and Safety Code, Section 6.7 , and Articles 679 and 680 of the California Fire Code, or as subsequently amended). Businesses that use underground storage tanks shall comply with the following procedures:

  1. Notify the Fire Department of any unauthorized release of hazardous materials prescribed by City, county, state, and federal regulations;

  2. Notify the Fire Department and the San Joaquin County Health Department of any proposed abandoning, closing, or ceasing operation of an underground storage tank and actions to be taken to dispose of any hazardous materials; and

  3. Submit copies of the closure plan to the Fire Department.

• C. Aboveground Storage. Aboveground storage tanks for hazardous materials and flammable and combustible materials may be allowed subject to the approval of the Fire Department.

• D. New Development. Structures adjacent to a commercial supply bulk transfer delivery system with at least 6-inch pipes shall be designed to accommodate a setback of at least 100 feet from that delivery system. The setback may be reduced if the Planning Director, with recommendation from the Fire Department, can make one or more of the following findings:

  1. The structure would be protected from the radiant heat of an explosion by berming or other physical barriers;

  2. A 100-foot setback would be impractical or unnecessary because of existing topography, streets, parcel lines, or easements; or

  3. A secondary containment system for petroleum pipelines and transition points shall be constructed. The design of the system shall be subject to the approval of the Fire Department.

• E. Notification Required. A subdivider of a development within 500 feet of a pipeline shall notify a new/potential owner before the time of purchase and the close of escrow of the location, size, and type of pipeline.

• (Ord. 1501 § 1, 2011)

• A. Purpose. The purpose of this section is to:

  1. Establish standards to provide a high quality of life for all residents by ensuring a safe community, free from manmade and natural hazards;

  2. Implement goals and policies of the General Plan Noise Element;

  3. Provide community noise control regulation and standards that are consistent with or exceed the guidelines of the State Office of Noise Control and the standards adopted by the Federal Highway Administration (FHWA), California Department of Transportation (Caltrans), or other government or regulatory agencies.

• B. Noise Standards. The maximum sound level generated by any use or activity as measured at the point of measurement as defined in Section 17.58.030 (Points of Measurement) shall not exceed the levels established in Table 17.58.050-1 (Maximum Permissible Sound Pressure Levels) based on the use that is receiving the noise (e.g., residential use receiving noise generated by an industrial use).

• C. Calculation. Calculation. Exterior noise levels shall be measured with a sound level meter and associated octave band analyzer meeting the American National Standards Institute's standards S1.4-1971 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment that will provide equivalent data. When measuring the noise level, the corrections provided in Table 17.58.050-2 (Noise Level Corrections) shall be applied.

• D. Exempt Activities. The following are not subject to the noise limitations of this Chapter.

  1. Emergency Exemption. The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work.

  2. Warning Device. Warning devices necessary for the protection of public safety (e.g., police, fire and ambulance sirens, properly operating home and car burglar alarms, and train horns).

3. Railroad Activities. The operation of locomotives, rail cars, and facilities by a railroad that is regulated by the California Public Utilities Commission.

   4. State or Federal Preempted Activities. Any activity, to the extent the regulation of it has been preempted by state or federal law.

   5. Public health and safety activities, including, but not limited to: all transportation, flood control, and utility company maintenance and construction operation at any time on public rights-of-way, public property and those situations that may occur on private property deemed necessary to serve the best interest of the public and to protect the public's health and well-being, including debris and limb removal, removal of damaged poles and vehicles, removal of downed wires, repair of traffic signals, repair of water hydrants and mains, gas lines, oil lines, and sewers, restoration of electrical service, street sweeping, unplugging sewers, vacuuming catch basins, municipal well borehole drilling, municipal well casing installation. The regular testing of motorized equipment and pumps shall not be exempt.

   6. Solid Waste Collection. Noise sources associated with the authorized collection of solid waste (e.g., refuse and garbage).

   7. Maintenance of Residential Real Property. Noise sources associated with the minor maintenance of residential real property, provided the activities take place between the hours of 7:00 a.m. and 10:00 p.m.

   8. Construction activities when conducted as part of an approved Building Permit, except as prohibited in subsection (E)(1) (Prohibited Activities) of this section.

   9. Emergency Generators. Sound resulting from the operation of any stationary emergency generator in any zoning district shall be considered restoration of electrical service and are exempt from the sound rating values set forth in Table 17.58.050-1 (Maximum Permissible Sound Pressure Levels). This exemption only applies when operated during power outages; provided however, the generator motor must be enclosed in a sound absorbing encasement and in no event shall the sound rating value of generators in any district exceed 76 dBA at 23 feet or 7 meters. Stationary emergency generators operating in all districts may be operated for testing purposes one time for a period not to exceed thirty minutes in any seven-day period. Testing of stationary emergency generators in all districts is permitted between the hours of 11:00 a.m. through 8:00 p.m. Monday through Saturday.

ating value of generators in any district exceed 76 dBA at 23 feet or 7 meters. Stationary emergency generators operating in all districts may be operated for testing purposes one time for a period not to exceed thirty minutes in any seven-day period. Testing of stationary emergency generators in all districts is permitted between the hours of 11:00 a.m. through 8:00 p.m. Monday through Saturday.

  - a. For purposes of this subsection, stationary emergency generator means any stationary or non-portable internal combustion engine located at a facility or residential home/development that serves solely as a secondary source of mechanical or electrical power when the primary source is disrupted or discontinued during a period of emergency due to a situation beyond the control of the owner/operator of the facility or residential home/development. A stationary emergency generator shall operate only during emergency situations or for standard performance testing procedures as required by law or by the engine manufacturer. A stationary emergency generator that serves as an energy or power source in circumstances other than emergency situations or for standard testing, such as load shedding or peak shaving, shall not be considered a stationary emergency generator. 

  - b. Emergency situation is defined as loss of primary power due to power outage, on site disaster, areawide natural disaster, or circumstances beyond the control of the owner/operator. Emergency situation shall not include power interruptions pursuant to an interruptible power service agreement, engine testing or scheduled maintenance. 

• E. Prohibited Activities. The following acts shall be a violation of this Chapter.

  1. Construction Noise. Operating or causing the operation of tools or equipment on private property used in alteration, construction, demolition, drilling, or repair work daily between the hours of 7:00 p.m. and 7:00 a.m., so that the sound creates a noise disturbance across a residential property line, except for emergency work of public service utilities.

  2. Loading and Unloading Activities. Loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects on private property between the hours of 10:00 p.m. and 7:00 a.m. in a manner to cause a noise disturbance.

  3. Sweepers and Associated Equipment. Operating or allowing the operation of sweepers or associated sweeping equipment (e.g., blowers) on private property between the hours of 10:00 p.m. and 7:00 a.m. the following day in, or adjacent to, a Residential Zoning District.

  4. Places of Public Entertainment. Operating or allowing to be operated, any loudspeaker, musical instrument, or other source of sound in any place of public entertainment that exceed 95 dBA at any point normally occupied by a customer.

  5. Stationary Non-Emergency Signaling Devices. Sounding or allowing the sounding of an electronically amplified signal from a stationary bell, chime, siren, whistle, or similar device intended for non-emergency purposes, from a private property for more than ten consecutive seconds in any hourly period.

6. Public Nuisance Noise. Public nuisance noise is noise that is generally not associated with a particular land use but creates a nuisance situation by reason of its being disturbing, excessive, or offensive. Examples would include excessively loud noise from alarms, animals, and fowl in nonagricultural districts, horns, musical instruments, stereos, tape or CD players, televisions, vehicle or motorboat repairs and testing, and similar noise as measured in Table 17.58.050-2 (Noise Level Corrections).

• (Ord. 1501 § 1, 2011; Ord. 1597 § 1, 2016; Ord. O2019-09 § 1)

• A. Sources of odorous emissions, particulate matter, and air containment standards shall comply with the rules and regulations of the San Joaquin Valley Air Pollution Control District and the California Health and Safety Code .

• B. Noxious odorous emissions in a manner or quantity that is detrimental to or endanger the public health, safety, comfort, or welfare are declared to be a public nuisance and unlawful, and shall be modified to prevent further emissions release, except for agricultural operations in compliance with this Title. No emission of odors shall be

permitted 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 points of measurement specified in Section 17.58.030 (Points of Measurement) of this Chapter. 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.

• C. No dust or particulate matter shall be emitted that is detectable by a reasonable person without instruments.

• D. Exhaust air ducts shall be located or directed away from abutting residentially zoned properties. (Ord. 1501 § 1, 2011)

Uses that generate vibrations that may be considered a public nuisance or hazard on any adjacent property shall be cushioned or isolated to prevent generation of vibrations. Uses shall be operated in compliance with the following provisions:

• A. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments at the points of measurement specified in Section 17.58.030 (Points of Measurement) of this Chapter, nor shall any vibration produced exceed 0.002g peak at up to 50 CPS frequency, measured at the point of measurement specified in Section 17.58.030 (Points of Measurement) of this Chapter, using either seismic or electronic vibration measuring equipment. Vibrations occurring at higher than 50 CPS frequency of a periodic vibration shall not induce accelerations exceeding 0.001g. Single impulse periodic vibrations occurring at an average interval greater than five minutes shall not induce accelerations exceeding 0.01g.

• B. Uses, activities, and processes shall not generate vibrations that cause discomfort or annoyance to reasonable persons of normal sensitivity or which endanger the comfort, repose, health, or peace of residents whose property abuts the property line of the parcel.

• C. Uses shall not generate ground vibration that interferes with the operations of equipment and facilities of adjoining parcels.

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

• (Ord. 1501 § 1, 2011)

Heat emitted at any point shall not at any time cause a temperature increase on any property in excess of 10 degrees Fahrenheit, whether such change be in the air or on the ground, in a natural stream or lake, or in any structure on such adjacent property.

(Ord. 1501 § 1, 2011)

No activities shall be permitted which emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance. (Ord. 1501 § 1, 2011)

No discharge of any matter shall be permitted at any point into any public sewer, private sewage system, or stream or into the ground, except in accordance with standards approved by the state and county departments of health and local ordinances. There shall be no accumulation outdoors of solid wastes conducive to the breeding of rodents or insects, unless stored in closed containers.

(Ord. 1501 § 1, 2011)

• A. Intent. The DMU mixed-use performance standards ensure compatibility among residential and non-residential uses in relation to noise, safety, odors, glare, and security.

• B. Standards. All new developments within the DMU Zone shall be designed to meet the performance standards outlined in Chapter 17.58 Performance Standards and the following performance standards:

  1. All residential units in a building or property that also accommodates commercial development shall have walls, floors, and ceilings with a minimum Impact Insulation Class (IIC) of 60.

  2. Commercial uses in mixed-use buildings that include residential uses shall be limited to hours of operation between 7:00 a.m. and 10:00 p.m.

  3. Outdoor lighting associated with commercial uses shall be designed to provide a sufficient level of illumination for access and security purposes without adversely impacting surrounding residential uses. Such lighting shall not blink, flash, or oscillate.

  4. Shared elevators in buildings with residential and non-residential development shall have restricted and secured access for residents to reach residential floors.

  5. Commercial outdoor storage yards, loading docks, and mechanical equipment including HVAC equipment, shall be shielded from the line of sight of outdoor activity areas associated with on- and off-site residences within 300 feet by a building or a solid structure with no gaps.

  6. Residential units shall maintain a separate refuse storage container from that used by commercial uses. It shall be clearly marked for residential use only. Outdoor waste management facilities and recycling centers for commercial and residential uses shall primarily be located away from residential, open space, and park uses. Screening measures shall be implemented if not feasible. Developments located near open spaces and natural features shall be designed to include these features as an attraction and amenity while also providing for their conservation where appropriate.

• (Ord. O2024-23, 11/19/2024)

• A. Intent. The DMU Development Incentives provide incentives for the development of certain land uses to help implement the goals and policies of the City's General Plan.

• B. Lot Consolidation.

  1. In order to encourage the assembly of smaller existing lots into larger lots that can be more efficiently developed into a mixed-use project, the following incentives are offered:

     • a. Reduction in required parking for a mixed-use project when approved in compliance with Section 17.52.060 .

     • b. Increase in maximum floor area ratio (FAR) up to a maximum of 10 percent.

     • c. Reduction in public and/or private open space requirements, up to a maximum of 10 percent.

  2. Eligibility for Incentives.

     • a. Consolidation of existing small lots into a development project site of one acre or greater up to two acres shall be eligible for any two of the allowable incentives identified above.

     • b. Consolidation of existing small lots into a development project site of two acres or greater shall be eligible for all three of the allowable incentives identified above.

  3. Lot Area Requirements.

     • a. The size and shape of each newly created lot shall be adequate to allow the full development of the allowed uses in a manner consistent with the following:

       • i. The lot consolidation is consistent with the City's adopted General Plan and all applicable requirements of the Subdivision Map Act, Zoning Code and/or Building Code.

       • ii. The lot consolidation does not require relocation of existing easements, utilities, or infrastructure serving adjacent lots, parcels, public lands, or streets.

       • iii. The lot consolidation will not impair existing access or create a need for access to adjacent lots or parcels.

• C. Grocery Stores and Food Markets.

  1. Development incentives. Any proposed grocery or food market that devotes 30 percent or more of selling space to perishable fresh food items, proposed in an area where there is no other grocery or food market within a one-mile buffer as measured from closest points of each property, shall qualify to utilize the following incentives.

     • a. Intensity Incentive. The total gross square footage (GFA) of a grocery market shall not count toward the maximum FAR of a parcel or project.

     • b. Up to 25 percent of proposed surface parking spaces may be placed between the property frontage and the proposed primary building.

• (Ord. O2024-23, 11/19/2024)

• A. Intent. The CMU zoning district Mixed-Use performance standards ensure compatibility among residential and non-residential uses in relation to noise, safety, odors, glare, and security.

• B. Standards. All new developments within the CMU zoning district shall be designed to meet the performance standards outlined in Chapter 17.58 Performance Standards and the following performance standards:

  1. All residential units in a building or property that also accommodates commercial development shall have walls, floors, and ceilings with a minimum Impact Insulation Class (IIC) of 60.

  2. Commercial uses in mixed-use buildings shall be limited to hours of operation between 7:00 a.m. and 10:00 pm.

  3. Outdoor lighting associated with commercial uses shall be designed to provide a sufficient level of illumination for access and security purposes without adversely impacting surrounding residential uses. Such lighting shall not blink, flash, or oscillate.

  4. Shared elevators in buildings with residential and non-residential development shall have restricted and secured access for residents to reach residential floors.

  5. Commercial outdoor storage yards, loading docks, and mechanical equipment including HVAC equipment, shall be shielded from the line of sight of outdoor activity areas associated with on- and off-site residences within 300 feet by a building or a solid structure with no gaps.

  6. Residential units shall maintain a separate refuse storage container from that used by commercial uses. It shall be clearly marked for residential use only. Outdoor waste management facilities and recycling centers for commercial and residential uses shall primarily be located away from residential, open space, and park uses. Screening measures shall be implemented if not feasible. Developments located near open spaces and natural features shall be designed to include these features as an attraction and amenity while also providing for their conservation where appropriate.

• (Ord. O2024-23, 11/19/2024)

• A. Intent. The CMU Development Incentives provide incentives for the development of certain land uses to help implement the goals and policies of the City's General Plan.

• B. Infill Development.

  1. Proposed developments on a site that meets the definition of Lot, Infill outlined in Section 17.100.060 shall qualify for the following incentives:

     • a. Reduction in required parking for a mixed-use project when approved in compliance with Section 17.52.060 .

     • b. Increase in maximum floor area ratio (FAR) up to a maximum of 10 percent.

     • c. Reduction in public and/or private open space requirements, up to a maximum of 10 percent.

• C. Lot Consolidation.

  1. In order to encourage the assembly of smaller existing lots into larger lots that can be more efficiently developed into a mixed-use project, the following incentives are offered:

     • a. Reduction in required parking for a mixed-use project when approved in compliance with Section 17.52.060 .

     • b. Increase in maximum floor area ratio (FAR) up to a maximum of 10 percent.

     • c. Reduction in public and/or private open space requirements, up to a maximum of 10 percent.

  2. Eligibility for Incentives.

     • a. Consolidation of existing small lots into a development project site of one acre or greater up to two acres shall be eligible for any two of the allowable incentives identified above.

     • b. Consolidation of existing small lots into a development project site of two acres or greater shall be eligible for all three of the allowable incentives identified above.

  3. Lot Area Requirements.

     • a. The size and shape of each newly created lot shall be adequate to allow the full development of the allowed uses in a manner consistent with the following:

       • i. The lot consolidation is consistent with the City's adopted General Plan and all applicable requirements of the Subdivision Map Act, Zoning Code and/or Building Code.

       • ii. The lot consolidation does not require relocation of existing easements, utilities, or infrastructure serving adjacent lots, parcels, public lands, or streets.

       • iii. The lot consolidation will not impair existing access or create a need for access to adjacent lots or parcels.

• D. Grocery Stores and Food Markets.

  1. Development incentives. Any proposed grocery or food market that devotes 30 percent or more of selling space to perishable fresh food items, proposed in an area where there is no other grocery or food market within a one-mile buffer as measured from closest points of each property, shall qualify to utilize the following incentives. Incentives may be used individually or together where the configuration requirements are met.

     • a. Intensity Incentive. The total gross square footage (GFA) of a grocery market shall not count toward the maximum FAR of a parcel or project.

     • b. Parking Incentives. Grocery or food market required parking spaces:

       • i. Shall be counted as guest spaces for any residential units developed as part of a horizontal or vertical mixed-use project;

• ii. Shall reduce by 1 space per 1,000 sf if located within a 1/4 mile of a transit stop and bicycle parking is provided on-site, or if the grocery market is developed in a vertical mixed-use format.

     - iii. Up to 25 percent of proposed surface parking spaces may be placed between the property frontage and the proposed primary building. 
  

• (Ord. O2024-23, 11/19/2024)