Newark Municipal Code Ch. 17.24 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. 503, § 1(Exh. A), 1-25-2018)

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. 503, § 1(Exh. A), 1-25-2018)

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. 503, § 1(Exh. A), 1-25-2018)

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 Bay Area Air Quality Management District.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

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. 503, § 1(Exh. A), 1-25-2018)

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 with the exception of those substances such as, but not limited to, chemicals, insecticides, hospital materials and waste products, required by law to be disposed of by burning, and those instances wherein the fire department deems it a practical necessity.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

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. 503, § 1(Exh. A), 1-25-2018)

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. 503, § 1(Exh. A), 1-25-2018)

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. 503, § 1(Exh. A), 1-25-2018)

A. Noise Limits. It shall be unlawful for any person to disturb the peace, quiet, and comfort of the community, or any portion thereof, or neighborhood therein, by creating or causing to be created any unreasonable noises.

1. Applicability. The provisions of this subsection apply to noises from all sources within the city except the following:

a. Alarms and Warning Devises: Aural alarms or warning devices, including but not limited to fire alarms, burglar alarms, and emergency vehicle sirens and air horns. However, if a standard or minimum noise level is prescribed for particular type of aural alarm or warning device by the laws or regulations of the State of California, the noise emitted from such alarm or warning device shall not exceed such standard or minimum level by more than three dBA.

b. Emergency Response Activities: Noise from emergency response activities.

c. Events at Which No Mechanical or Amplifying Equipment is Employed: Noise from events conducted lawfully and without the use of sound of any kind that is mechanically produced or amplified or focused by any means.

d. Audio Equipment Used by Public Safety Officers: Noise from audio equipment used or operated by public safety officers in the performance of their duties.

e. Generators Required for Medical Purposes or During Power Outages: Noise from generators required for medical purposes or during power outages.

f. Permitted for Temporary Uses or Activities: Specific uses or activities for which a temporary exemption was granted through a conditional use permit, minor use permit, or other permit or authorization granted by the city.

2. Noise Restriction by Decibel.

a. Residential Property Noise Limits.

i. No person shall produce or allow to be produced by human voice, machine, device, or any combination of same, on residential property, a noise level at any point outside of the property plane that exceeds 70 dBA between the hours of 7:00 a.m. and 9:00 p.m. or 60 dBA between the hours of 9:00 p.m. and 7:00 a.m.

ii. No person shall produce or allow to be produced by human voice, machine, device, or any combinations of same, on multifamily residential property, a noise level more than 60 dBA three feet from any wall, floor, or ceiling inside any dwelling unit on the same property, when the windows and doors of the dwelling unit are closed, except within the dwelling unit in which the noise source or sources may be located.

b. Commercial and Industrial Property Noise Limits. Except for commercial and industrial property abutting residential property, no person shall produce or allow to be produced by human voice, machine, device, or any other combination of same, on commercial or industrial property, a noise level at any point outside of the property plane that exceeds 70 dBA.

i. Abutting Residential Property. Commercial and industrial property that abuts residential property shall be subject to the residential property noise limits set forth in subsections (a)(i) and (ii) above.

c. Public Property Noise Limits. Except as otherwise provided in these regulations, no person shall produce or allow to be produced on public property, by human voice, machine, device, or any combination of same, a noise level that exceeds 60 dBA at a distance of 25 feet or more from the source. Noise from activities of the City of Newark is exempted from these regulations.

3. Construction and Landscaping Activities. Unless otherwise provided pursuant to a duly-issued permit or a condition of approval of a land use entitlement, the construction, alteration, or repair of structures and any landscaping activities, occurring between the hours of 10:00 a.m. and 6:00 p.m. on Sundays and holidays, and 7:00 a.m. and 7:00 p.m. on other days, shall be subject to the following:

a. No individual device or piece of equipment shall produce a noise level exceeding 83 dBA at a distance of twenty-five feet from the source. If the device or equipment is housed within a structure on the property, the measurement shall be made outside the structure at a distance as close as possible to twenty-five feet from the equipment.

b. The noise level at any point outside of the property plane shall not exceed 86 dBA. During all other times, the decibel levels set forth in Subsection 17.24.100.A.2, Noise Restriction by Decibel, control.

4. Violation. Any person who violates or causes or permits another person to violate any provision of this section is guilty of an infraction.

5. Enforcement. Any code enforcement officer or police officer who determines that a noise in violation of this section exists may issue an administrative citation to the person(s) violating this section in accordance with Chapter 7.18 of this Code. The fine amount(s) shall be in accordance with Section 1.16.010(C) of this Code. Any recipient of an administrative citation under this section may contest the violation pursuant to Section 7.18.030 and an administrative hearing shall be conducted as provided for in Section 7.22.020.

6. Continuing violation. For purposes of this section only, a person may be issued an administrative citation each time a police officer responds to the same location and determines a violation of this section has occurred.

B. Noise Creation and Noise Exposure.

1. 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 "normally acceptable" by the general plan.

2. Noise Attenuation Measures. Any project subject to the acoustic study requirements of Subsection 17.24.100.A.1, Acoustic Study, may be required as a condition of approval to incorporate noise attenuation measures deemed necessary to ensure that noise standards are not exceeded.

a. New noise-sensitive uses (e.g., schools, hospitals, churches, and residences) shall incorporate noise attenuation measures to achieve and maintain an interior noise level of 45 dBA.

b. Noise attenuation measures identified in an acoustic study shall be incorporated into the project to reduce noise impacts to satisfactory levels.

c. Emphasis shall be placed upon site planning and project design measures. The use of noise barriers shall be considered and may be required only after all feasible design-related noise measures have been incorporated into the project.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

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.

B. Containment. Wastes shall be handled and stored so as to prevent nuisances, health, safety and fire hazards, and to facilitate recycling. Closed containers shall be provided and used for the storage of any materials which by their nature are combustible, volatile, dust, or odor producing or edible or attractive to rodents, vermin, or insects.

C. Incineration. There shall be no rubbish or refuse incineration on the premises.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard.

A. Development Near Railroads. An acoustic study shall be required for any proposed development within two hundred feet of a railroad track. Measures may be required to ensure that vibration impacts remain below acceptable levels.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)