Chapter 6 — FENCING AND SCREENING

The intent of this Chapter is to prescribe standards for fencing and screening to protect public security and safety, conserve and protect property, and improve the general appearance of the City of Mountain House.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Height Limits in Required Yards. Unless otherwise specified, fencing and screening shall not exceed the height limits in required yards specified below:

(1)

In any required front or street side yards, fencing and screening shall not exceed three (3) feet in height.

(2)

In any required rear or nonstreet side yard, fencing and screening shall not exceed seven (7) feet in height.

(b)

Height Measurements. Unless otherwise specified, heights of fences and screens shall be measured as follows:

(1)

Prescribed heights shall be measured above the actual adjoining level of finished grade.

(2)

When there is a difference in the ground level between two (2) adjoining lots, the height of any fence or screen installed or constructed along any property line shall be determined by using the higher elevation.

(3)

Where a fence is located along an arterial street or a collector street or along a streetside side yard, the height of the fence shall be determined by measurement from the adjoining level of finished grade at the lowest side of said fence.

(4)

Any baffle, louver, or wind deflector incorporated into a fence or wall construction shall be included within the measurement of its total height.

(Ord. 2024-18, § 1(Exh. A), 2024)

Unless otherwise specified, fencing shall be permitted, but not required, and shall comply with the provisions of this Section.

(a)

Fencing Materials. Fencing materials of corrugated plastic, corrugated iron, steel, aluminum, or asbestos, excluding chain link fencing, are specifically prohibited. Unless otherwise specified, barbed wire fence is prohibited.

(b)

Special Fencing Requirements. Notwithstanding any other provision of this Chapter the following special requirements shall apply to the types of fencing listed below:

(1)

Playing Courts. The seven (7) foot fence height limit may be waived for playing courts, if the playing court is located in a side or rear yard and open type fencing material is used.

(2)

Swimming Pools. All pools shall be enclosed per the requirements of the California Building Code.

(3)

Levees.

(A)

Any fence next to a levee shall conform to the requirements of Section 9-16-218 of this Title.

(B)

The height of any fence or wall located at the toe of a levee may be increased to eight (8) feet subject to the review and approval of the Director.

(c)

Special Fencing Requirements for Residential Zones. The following requirements shall apply to fences in the residential zones:

(1)

Fences in Rural Residential and Very Low Density Zones. An open fence up to seven (7) feet in height may be permitted in any required yard in areas carrying a Rural Residential or Very Low Density Residential Zoning designation.

(2)

Fences in Other Residential Zones. A fence up to seven (7) feet in height may be permitted in the front yard or street side yard of Low Density, Medium Density, Medium-High Density, and High Density Residential Zones, provided said fence is located a minimum of ten (10) feet from the property line.

(d)

Special Fencing Requirements for Commercial Projects. The following requirements shall apply to fencing for commercial projects:

(1)

Fencing of Front Yards. A fence up to seven (7) feet in height may be permitted in the required front yard, provided such fencing is constructed of woven wire, wrought iron, or similar open material and does not obstruct vehicular site distance.

(2)

Security Fencing. Except for fencing adjacent to planned or existing residential areas, barbed wire security fencing, not to exceed two (2) feet in height, may be erected on top of required or permitted fencing at the discretion of the Director.

(e)

Special Fencing Requirements for Industrial Projects. The following requirements shall apply to fencing for all industrial projects:

(1)

Fencing of Front Yards. A fence up to seven (7) feet in height may be permitted in the required front yard, provided such fencing is constructed of woven wire, wrought iron, or similar transparent material and does not obstruct vehicular site distance.

(2)

Security Fencing. Barbed wire security fencing, not to exceed two (2) feet in height, may be erected on top of required or permitted fencing, except for fencing adjacent to planned or existing residential areas. Electrical fencing adjacent to planned or existing residential areas is prohibited.

(f)

Special Fencing Requirements for Agricultural Zones. The following provisions shall apply to fences in agricultural zones:

(1)

An open fence up to seven (7) feet in height may be permitted in any required yard in areas carrying an agricultural zoning designation.

(2)

An open fence eight (8) feet in height may be permitted in any side yard or rear yard for parcels twenty (20) acres or greater in size in areas zoned for agriculture.

(3)

Barbed wire fencing, not to exceed two (2) feet in height, may be erected on top of permitted fencing.

(Ord. 2024-18, § 1(Exh. A), 2024)

Screening may be used in any zone, provided a safe sight distance is maintained. All screening required by this Chapter shall comply with the provisions of this Section.

(a)

Materials. Screening shall include the installation and maintenance of one (1), or a combination, of the following elements:

(1)

Plant materials;

(2)

Fencing;

(3)

Walls; or

(4)

Berms.

(b)

Screening Materials. Screening materials of corrugated plastic or iron, steel, aluminum, asbestos, wood (excluding wood in combination with masonry), or security chain-link fencing are specifically prohibited. Security chain-link fencing may be permitted for commercial and industrial projects if combined with landscaping acceptable to the Review Authority. Unless otherwise specified, barbed wire and slats are not permitted.

(c)

Density. When plant materials are used for screening, they shall be planted in such quantity and location as to achieve an effective visual screen within three (3) years of installation. If a hedge fails to retain such density any time after this three (3) year period, it shall be supplemented or replaced with other dense landscaping or an appropriate fence or wall.

(d)

Special Screening Requirements for Commercial Projects. The following requirements shall apply to all commercial projects:

(1)

Screening Adjoining Residential Areas. If a commercial project abuts a residential zone, an area shown on the General Plan for residential use, or a conforming residential use, a solid masonry wall six (6) to seven (7) feet in height shall be erected along the abutting property line.

(2)

Screening of Storage Area. All storage materials and related activities, including storage areas for trash, shall be screened so as not to be visible from adjacent properties and public rights-of-way. Screening shall be six (6) to seven (7) feet in height. Outside storage is not permitted in front yards, street side yards, or in front of main buildings.

(3)

Screening of Roof Equipment. All roof-mounted mechanical equipment, tanks, ventilating fans, or similar equipment shall be visually screened from view from adjacent properties and public rights-of-way at grade. Required screens shall be architecturally compatible with the building or structure on which they occur.

(e)

Special Screening Requirements for Industrial Projects. The following requirements shall apply to all commercial projects:

(1)

Screening Adjoining Residential Areas. If an industrial project abuts a residential zone, an area shown on the General Plan for residential use, or a conforming residential use, a solid masonry wall six (6) to seven (7) feet in height shall be erected along the abutting property line.

(2)

Screening of Storage Areas. Storage areas shall be screened as follows:

(A)

Unless otherwise specified, all storage materials and related activities, including storage areas for trash, shall be screened so as not to be visible from adjacent properties and public rights-of-way. Said screening shall be six (6) to eight (8) feet in height. Items stored within one hundred (100) feet of a dedicated street or residential zone shall not be stacked higher than two (2) feet above the adjacent screen;

(B)

Screening shall not be required for a storage area that abuts an existing industrial use or property designated on the General Plan Map for industrial use, provided the storage area is not adjacent to an existing residential use or property designated on the General Plan Map for residential use or a public street.

(C)

All exterior electrical cage enclosures and storage tanks shall be screened from view from access or adjacent streets and residential neighborhoods.

(3)

Screening of Roof Equipment. Except in the General Industrial Zone (I-G), all roof-mounted mechanical equipment, tanks, ventilating fans, or similar equipment shall be visually screened from view from adjacent properties and public rights-of-way. Screening shall not exceed a height of six (6) feet from roof level. Required screens shall be architecturally compatible with the building or structure on which they occur.

(4)

Exceptions to Height Requirements. The requirements of this Chapter shall not apply to uses permitted in any industrial zone which are required to maintain visual screens to a height greater than specified in this Title.

(f)

Maintenance. All required screening materials shall be maintained in good condition by the property owner and, whenever necessary, repaired or replaced.

(g)

Screening in Community Commercial Zones. Service, mechanical, trash storage and loading areas in areas zoned Community Commercial (C-C) shall be located away from public streets or use areas, and screened from view to the extent feasible.

(h)

Screening in Residential Areas. Trash receptacles for single-family residential dwellings shall be screened by enclosures or landscaping and concealed from view. Trash receptacles for multiple-family dwellings shall be fully enclosed, and screened from view.

(1)

Enclosures shall be compatible with the building architecture and shall be constructed of masonry or other permanent materials.

(2)

Gates shall be of solid construction, and entirely block the view of the trash receptacle.

(3)

All enclosures shall be landscaped with a combination of trees, shrubs and/or vines.

(Ord. 2024-18, § 1(Exh. A), 2024)

Walls, fences, berms, and/or landscaping for the purpose of noise attenuation may be required in any zone when adjacent to a high noise generator such as a major roadway or railroad. Noise attenuation requirements shall be developed in response to the noise level and source affecting specific property. Where noise attenuation walls are required, height and yard restrictions for walls may be waived by the Director as required for effective noise reduction.

(Ord. 2024-18, § 1(Exh. A), 2024)

The requirements of this Chapter may be modified by the Director in cases where it is demonstrated that an alternative to said requirements would meet the intent of this Chapter and result in an equal amount of fencing and screening. Decisions of the Director pursuant to this Section may be appealed using the Staff Review with Notice Procedure set forth in Section 9-2-401.

(Ord. 2024-18, § 1(Exh. A), 2024)

Electrified security fences may be permitted in industrial, commercial, or agricultural zones subject to the following development standards. In the event of a conflict between this section and any other provision of Chapter 4 of Division 10, Section 9-10-607 shall control.

(a)

Warning Signs. The electrified security fence shall be clearly identified by installing prominently placed warning signs that are legible from both sides of the fence. At minimum, the warning signs shall meet the following criteria:

(1)

The warning signs are placed at each gate and access points, and at intervals along the fence not exceeding thirty (30) feet.

(2)

The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards.

(3)

The warning signs are marked with a written warning or a commonly recognized symbol for shock.

(4)

The minimum dimensions for each sign is nine (9) inches by twelve (12) inches.

(b)

Power. The primary power voltage for an electrified security fence shall not exceed twelve (12) DC volts maximum. The electrified security fence shall only be electrified when the business it is protecting is closed to the public.

(c)

Height. The height of an electrified security fence may exceed the height of the protective barrier by two (2) feet, not to exceed ten (10) feet in overall height.

(d)

Setbacks. Setbacks between the protective barrier and electrified security fence are required as follows:

(1)

Any opening in the perimeter Protective Barrier that is less than or equal to three (3) inches shall require a minimum twelve (12) inch setback for the electrified security fence.

(2)

Any opening in the perimeter protective barrier that is greater than three (3) inches but no more than six (6) inches shall require a minimum three (3) foot setback for the electrified security fence, or an approved mesh or equivalent material, with openings not to exceed three (3) inches, shall be installed.

(3)

When abutting an existing or planned residential area, or a residentially developed parcel, a protective barrier consisting of a minimum six (6) foot high solid wooden fence or block wall shall require a minimum twelve (12) inch setback for the electrified security fence. Any other protective barrier proposed adjacent to an existing or planned residential area, or a residentially developed parcel, is required to have an approved mesh installed, as reviewed by the Community Development Department, as a secondary protective barrier, be a minimum of six (6) feet in height, and require a minimum twelve (12) inch setback for an electrified security Fence.

(e)

Knox Box. Before the electrified security fence is electrified, a Knox Box shall be installed and the security fence shall be inspected by the Fire Department. The Knox Box shall be fully operational at all times when the Electrified Security Fence is operational. If at any time the Knox Box is not operational, the electrified security fence cannot be activated.

(f)

Uses and Locations.

(1)

Unless specifically designated in this subsection, electrified security fences shall not be permitted in any zoning district.

(2)

Electrified security fences shall be authorized in the I-W (Warehouse), I-P (Industrial Park), I-L (Limited Industrial), I-G (General Industrial), AG (General Agricultural), AL (Limited Industrial), AU (Agriculture Urban Reserve), and ARM (Agriculture Resource Management) zones.

(3)

Electrified security fences shall be authorized in the C-C (Community Commercial and C-G (General Commercial) zones only for the following land uses:

(A)

Auction sales—Indoor, outdoor;

(B)

Automotive sales and services—Automotive rentals, automotive repairs (light), automotive repairs (heavy), automotive sales, operable vehicle storage, parking;

(C)

Construction sales;

(D)

Construction services—Light;

(E)

Custom manufacturing;

(F)

Equipment sales and repair—Farm machinery (sales), leisure;

(G)

Nursery sales and services—Wholesale, landscaping services;

(H)

Personal storage;

(I)

Transportation services;

(J)

Recreation—Marinas;

(K)

Truck Sales and Services—Sales;

(L)

Utility services—Minor, major;

(M)

Wholesaling and distribution—Light;

(N)

Communication services;

(O)

Other uses which are comparable to or no more intensive than those enumerated in Development Title Section 9-10-607(f)(3).

(4)

Permits.

(A)

A building permit shall be required for electrified security fences in any commercial zone, for any electrified security fence exceeding seven (7) feet in height.

(B)

Electrified security fencing in the C-RS (Rural Service Commercial) and the C-X (Crossroad Commercial) zones are subject to Director's review pursuant to Development Title Section 9-10-606.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 7. - PERFORMANCE STANDARDS

The intent of this Chapter is to provide standards to mitigate dangerous or objectionable environmental impacts of commercial and industrial uses, pursuant to the health and safety policies of the General Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-10-702 - Applicability of Performance Standards.

The provisions of this chapter shall apply to all commercial and industrial uses in the City of Mountain House, except as otherwise provided herein.

(Ord. 2024-18, § 1(Exh. A), 2024)

All emissions shall be subject to the rules and regulations of the San Joaquin Valley Unified Air Pollution Control District.

(Ord. 2024-18, § 1(Exh. A), 2024)

All uses shall be so operated as not to cause odors which are perceptible and offensive to the average person at any residential lot line. Primary and secondary safeguard systems shall be provided to control odors.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-10-705 - Vibration.

(a)

Perceptible Displacement. No use shall cause any perceptible displacement at any lot line abutting any zone except an Zone.

(b)

Displacement Within the General Industrial Zone. Vibration displacement along any lot line within an I-G Zone shall not exceed the levels set forth in Table 9-10-5.1. Vibration displacement shall be measured by a seismograph or other instrument capable of measuring and recording displacement and frequency, particle velocity, or acceleration. Readings shall be made at points of maximum vibration along any lot line within an I-G Zone.

(c)

Exceptions. The limits of this Section shall not apply to operations involved in the construction or demolition of structures or infrastructure or to vibration caused by motor vehicles or trains.

TABLE 9-10-5.1 MAXIMUM DISPLACEMENT LEVELS AT ANY LOT LINE (IN INCHES)

(Ord. 2024-18, § 1(Exh. A), 2024)

The provisions of this Section shall apply to all outdoor lighting with the exception of public street lighting.

(a)

Measurement. Illumination levels shall be measured with a photoelectric photometer following the standard spectral luminous efficiency curve adopted by the International Commission on Illumination. The photoelectric photometer shall be located inside the property line nearest the luminaire, at a distance from the property line equal to the required yard depth or width at that point.

(b)

Protection of Uses on Adjacent Lots. No use shall cause glare above 1.0 footcandles on an adjacent lot developed or zoned for residential use, or shown as residential on the General Plan Map, or cause glare on a street or alley.

(c)

Nuisances. Flickering or intrinsically bright sources of illumination shall be controlled so as not to be a nuisance to uses on adjacent lots in residential or commercial zones.

(d)

Shielding or Recessing. Exterior lighting shall be shielded or recessed to minimize direct glare and reflections.

(e)

Prohibitions. Lighting of unusually high intensity or brightness is prohibited.

(Ord. 2024-18, § 1(Exh. A), 2024)

Heat, humidity, or cold emanating from any use shall not be discernible at any lot line of the lot containing such use.

(Ord. 2024-18, § 1(Exh. A), 2024)

All uses and property are subject to the following provisions:

(a)

Uses involving electromagnetic forces shall not cause electrical disturbances which adversely affect individuals or the operation of any equipment beyond any lot line of the lot containing such uses.

(b)

The disclosure of potential health effects associated with electromagnetic fields and PCB-contaminated electrical equipment shall be required with residential development proposals.

(Ord. 2024-18, § 1(Exh. A), 2024)

All uses and property shall be subject to the following provisions concerning noise levels:

(a)

Transportation Noise Sources.

(1)

Excluding proposed noise sensitive land uses on infill lots, proposed noise sensitive land uses that will be impacted by existing or planned transportation noise sources shall be required to mitigate the noise levels from these transportation noise sources so that the resulting noise levels on said proposed noise sensitive land uses do not exceed the standards specified in Table 9-10-5.2, Part I. Proposed noise sensitive land uses on infill lots that will be impacted by existing or planned transportation noise sources shall be required to mitigate the noise levels from these transportation noise sources so that the resulting noise levels on said proposed noise sensitive land uses on such infill lots do not exceed the standards specified in Table 9- 10-5.2, Part I for interior spaces only.

(2)

Private development projects that include the development of new transportation facilities or the expansion of existing transportation facilities shall be required to mitigate the noise levels from these transportation facilities so that the resulting noise levels on noise sensitive land uses within and adjacent to said development projects do not exceed the standards specified in Table 9-10-5.2, Part I.

(b)

Stationary Noise Sources.

(1)

Excluding proposed noise sensitive land uses on infill lots, proposed noise sensitive land uses that will be impacted by stationary noise sources shall be required to mitigate the noise levels from these stationary noise sources so that the resulting noise levels on said proposed noise sensitive land uses do not exceed the standards specified in Table 9-10-5.2, Part II.

(2)

Proposed projects that will create new stationary noise sources or expand existing stationary noise sources shall be required to mitigate the noise levels from these stationary noise sources so as not to exceed the noise level standards specified in Table 9-10-5.2, Part II.

(c)

Standards for Commercial and Industrial Uses. For new commercial uses, industrial uses or utilities, the exterior, non-transportation noise level performance standards specified in Table 9-10-5.2, Part III shall be applicable.

(d)

Standards for Residential Uses.

(1)

New residential development shall not be allowed where noise levels due to stationary noise sources would exceed the exterior noise level standards set forth in Table 9-10-5.2, Part III.

(2)

Noise levels from mobile noise sources in primary outdoor use areas of new residential development shall not exceed an Ldn of sixty (60) dB unless the project design includes mitigation measures to reduce noise in outdoor activity areas to sixty (60) dB, or as reasonably close to sixty (60) dB as is possible. Where it is not possible to reduce noise in outdoor activity areas to an Ldn of sixty (60) dB or less, an exterior noise level of up to, but not exceeding, an Ldn of sixty-five (65) dB may be allowed by the Review Authority.

(3)

Exterior noise levels shall not create an interior noise level exceeding forty-five (45) dB.

(4)

Noise studies for specific residential projects proposed in areas with noise levels from mobile sources above Ldn sixty (60) dB shall address how noise levels in outdoor areas could be maintained at or below an Ldn of sixty-five (65) dB.

(e)

Standards for Other Specified Uses.

(1)

Noise-sensitive land uses other than residential uses shall not be allowed where noise levels due to stationary noise sources would exceed the exterior noise level standards set forth in Table 1025.9M.

(2)

On school sites and other noise-sensitive land uses, any outdoor instructional areas or areas which require speech audibility shall be located outside the sixty (60) dB Ldn noise contour from mobile sources or

shielded from mobile noise in excess of sixty (60) dB Ldn.

(3)

Exterior noise levels shall not create an interior noise level exceeding forty-five (45) dB.

(4)

Noise studies prepared for noise-sensitive land uses shall address how noise levels in outdoor areas from mobile sources shall be maintained at or below an Ldn of sixty (60) dB.

(f)

Exemptions. The following shall be exempt from the provisions of this Chapter:

(1)

Activities conducted in public parks, public playgrounds and public or private school grounds, including, but not limited to, school athletic and school entertainment events;

(2)

Any mechanical device, apparatus or equipment used, related to, or connected with, emergency activities or emergency work;

(3)

Noise sources associated with construction, provided such activities do not take place before 6:00 a.m. or after 9:00 p.m. on any day;

(4)

Noise sources associated with the maintenance of residential property located in a residential zone, provided such activities shall take place between the hours of 8:00 a.m. and 9:00 p.m. on any day;

(5)

Noise sources emanating from any agricultural operation, including activities associated with the processing or transportation of crops when such activities are conducted on agriculturally zoned lands;

(6)

Noise sources associated with residential air conditioning equipment, provided such equipment is in good repair;

(7)

Noise sources associated with work performed by private or public utilities in the maintenance or modification of its facilities;

(8)

Noise sources associated with the collection of waste or garbage;

(9)

Any activity whose regulation has been preempted by State or Federal law.

(g)

Acoustical Study. The Review Authority shall require the preparation of an acoustical study in instances where it has determined that a project may expose existing or proposed noise sensitive land uses to noise levels exceeding the noise standards specified in Table 9-10-5.2. This determination shall be based on the existing or future sixty-five (65) dB Ldn noise contour in the General Plan, the proximity of new noise sensitive land uses to known noise sources, or the knowledge that a potential for adverse noise impacts exists. The study shall be paid for by the applicant and shall be prepared by a person or persons selected by the Director. The Director shall select the consultant from the City's consultant list. The acoustical study shall include the following information:

(1)

A general description of the project, with appropriate maps, and the noise sources of concern;

(2)

A description of the methodology that will be used to assess noise impacts, including a listing of all assumptions and data used in any computer models.

(A)

Computer models that will be used for noise predictions shall be standard versions approved by the FHWA, FAA, Caltrans, or other government agencies.

(B)

For traffic noise studies, the computer models, SOUND32 or other proprietary models based on the 1978 "FHWA Highway Traffic Noise Prediction Model (FHWA-RD-77-108)" shall be used. The FHWA's new "Traffic Noise Model" (TNM) shall be used after its phase in date. For aircraft noise studies, the latest version of the FAA's "Integrated Noise Model" (INM) shall be used.

(C)

If standard government approved models do not exist (e.g., railroad and industrial noise sources), a description shall be provided.

(3)

A description of existing and future noise levels together with a comparison of these noise levels to the noise level standards specified in Table 9-10-5.2.

(4)

Recommended mitigation measures to achieve compliance with the standards specified by Table 9-10-5.2 (i.e., noise barriers, site design, setbacks, equipment modification, structure sound proofing), or a detailed explanation stating why mitigation is infeasible.

(h)

Noise-Attenuation Measures. In addition to any other noise-attenuation measures specified in the Title, the following additional measures shall be applicable:

(1)

Until such time as residential, school or other noise-sensitive development is proposed within one thousand (1,000) feet of the railroad tracks in Mountain House, or until such time as rail use is initiated within the community, noise mitigation shall be limited to a sound wall along the tracks between the proposed transit station and Marina Boulevard.

(2)

Residential development shall be set back from the centerline of I-205 a sufficient distance to satisfy Master Plan noise policies after the inclusion of sound mitigation improvements such as berms and soundwalls.

(i)

Measurement. When noise level measurements are conducted, sound level meters meeting Type 1 (precision) or Type 2 (general purpose) sound level meter/microphone combinations shall be used.

(1)

Sound level meters shall be properly calibrated before use and used according to the manufacturer's instructions;

(2)

All measurements shall be in terms of A-weighted decibels using slow meter response, except for impulsive noise which shall be measured using fast meter response;

(3)

Measurements shall include sufficient sampling periods and locations to adequately describe local conditions and significant noise sources.

(j)

Prohibited Activities. The outdoor operation of any industrial, commercial, or residential property maintenance tool or equipment powered by an internal combustion engine or electric motor including, but not limited to, leaf blower, chainsaw, lawn mower, hedger, and vacuum cleaner is prohibited within 500 feet of a residence located in a residential zone between the hours of 9:00 p.m. and 8:00 a.m.

TABLE 9-10-5.2 MAXIMUM ALLOWABLE NOISE EXPOSURE