Mountain House Municipal Code Ch. 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)

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)

(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

PART I. TRANSPORTATION NOISE SOURCES

PART II. STATIONARY NOISE SOURCES

1

Where the location of outdoor activity areas is unknown or is not applicable, the noise standard shall be applied at the property line of the receiving land use. When determining the effectiveness of noise mitigation measures, the standards shall be applied on the receiving side of noise barriers or other property line noise mitigation measures.

2

Each of the noise level standards specified shall be reduced by 5 dB for impulsive noise, single tone noise, or noise consisting primarily of speech or music.

PART III. EXTERIOR NONTRANSPORTATION NOISE LEVEL STANDARDS

(Ord. 2024-18, § 1(Exh. A), 2024)

Applicants for industrial or commercial projects requiring discretionary approval may be required by the Review Authority to submit such evidence as is necessary to determine whether the project complies or will comply with the provisions of this Chapter. Failure to submit the information requested within a specified time period shall render the application incomplete. Required information may include, but is not limited to, the following:

(a) Construction Plans. Plans of construction and development;

(b) Production Plans. A description of the machinery, processes, or products to be used or produced on the premises;

(c) Emission Levels. Measurement of the expected amount or rate of emission of any dangerous or objectionable elements from the premises; and

(d) Emission Mitigation. Specifications for the mechanisms and techniques used or proposed to be used in restricting the emission of any dangerous or objectionable elements from the premises.

(Ord. 2024-18, § 1(Exh. A), 2024)