Morro Bay Municipal Code Ch. 17.28 Performance Standards

The purposes of this chapter are to:

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

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

C. Protect industry from arbitrary exclusion from areas of the city.

(Ord. No. 662, § 2, 12-13-23)

The minimum requirements in this chapter apply to all land uses in all districts except as provided below.

A. The following uses and activities are exempt from compliance with the requirements of this chapter:

1. Legal nonconforming uses, which, based on a written opinion of the city attorney, have an established right not to comply with the provisions of this chapter.

2. Temporary events with approved temporary use permits or other required permits, where such activities otherwise comply with other applicable provisions of this title.

3. Any emergency activity on the part of the city or a private party.

4. Temporary construction activity where such activity is explicitly regulated by other regulations of the municipal code.

5. Other uses and activities as otherwise specified in this title.

(Ord. No. 662, § 2, 12-13-23)

Land or buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive or other hazard that would adversely affect the surrounding area.

(Ord. No. 662, § 2, 12-13-23)

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. 662, § 2, 12-13-23)

Uses, activities, and processes shall not operate in a manner that emits excessive dust, fumes, smoke, or particulate matter, unless authorized under federal, state, or local law. Sources of air emissions shall comply with all rules established by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, and the San Luis Obispo County Air Pollution Control District.

(Ord. No. 662, § 2, 12-13-23)

No use, activity or process shall cause electromagnetic interference with normal radio and television reception, 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. 662, § 2, 12-13-23)

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. Firefighting and fire suppression equipment and devices standard in industry shall be approved by the fire department. All incineration is prohibited.

(Ord. No. 662, § 2, 12-13-23)

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. 662, § 2, 12-13-23)

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 Codes, 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. 662, § 2, 12-13-23)

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 degrees Fahrenheit on another property.

(Ord. No. 662, § 2, 12-13-23)

A. Discharges to Water or Sewers. Liquids and solids of any kind shall not be discharged, either 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 (California Administrative Code, Title 23, Chapter 3 and California Water Code, Division) and any other agency as shall have jurisdiction of such activities.

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. 662, § 2, 12-13-23)

A. Noise Limits. No use or activity shall create ambient noise levels that exceed the noise limits established in the general plan.

1. Separation from Noise Sensitive Uses. Any business operation with sustained or intermittent noise levels exceeding seventy dB ldn (or CNEL) including, but not limited to, wood or machine milling, air hammers, generators, or prolonged or excessive truck deliveries, are not allowed within one hundred fifty feet of residential uses, hospitals, and other noise sensitive uses unless noise levels are mitigated in compliance with this section.

2. Operational Hours. All commercial and industrial deliveries and loud commercial activities such as loading and unloading, leaf blowers, bands with loudspeakers within one hundred feet of a residential use shall be limited to the hours between seven a.m. and ten p.m.

B. Acoustic Study. An acoustic study shall be required for any proposed project which could create or be subject to a noise exposure greater than that deemed "acceptable" by the noise element of the general plan.

C. Noise Attenuation Measures. Noise attenuation measures necessary to reduce noise impacts to acceptable levels are 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 dB shall incorporate the following noise reduction measures:

a. All façades must be constructed with substantial weight and insulation;

b. Sound-rated windows providing noise reduction performance similar to that of the façade must 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. Other measures identified in an acoustic study conducted for the proposed project as necessary to reduce noise levels to "acceptable" levels.

D. Exemptions. The provisions of this section, do not apply to:

1. Emergencies. 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 Devices. Warning devices necessary for the protection of the public safety, such as police, fire, and ambulance sirens.

3. Special Events. Occasional outdoor gatherings, public dances, shows, and sporting and entertainment events, provided that such events are conducted pursuant to a permit or license issued by the city.

4. Religious Facilities and Other Similar Organizations. Unamplified bells, chimes, or other similar devices used by houses of religious worship, as such devices are played between the time period of seven a.m. and ten p.m. and the playing period does not exceed ten minutes in any one hour.

5. Municipal Solid Waste Collection. Collection of solid waste, vegetative waste, and recyclable materials by the city or under contract with the city.

6. Public Works Construction Projects, Maintenance, and Repair. Street, utility, and similar construction projects undertaken by or under contract to the city, San Luis Obispo County, or the State of California or a public utility regulated by the California Public Utilities Commission, as well as maintenance and repair operations conducted by such parties, including street sweeping, debris and litter removal, removal of downed wires, restoring electrical service, repairing traffic signals, unplugging sewers, vacuuming catch basins, repairing of damaged poles, removal of abandoned vehicles, repairing of water hydrants and mains, gas lines, oil lines, sewers, storm drains, roads, and sidewalks.

7. Public Utility Facilities. Facilities including, but not limited to, sixty-cycle electric power transformers and related equipment, sewer lift stations, municipal wells, and pumping stations.

(Ord. No. 662, § 2, 12-13-23)

No vibration shall be permitted so as to cause a noticeable tremor, measurable without instruments at the lot line.

(Ord. No. 662, § 2, 12-13-23)