Petaluma Municipal Code Ch. 21 Performance Standards

Sections:

21.010 Purpose of Performance Standards.

21.020 General.

21.030 Non-Residential Uses Abutting Residential Uses.

21.040 Dangerous and Objectionable Elements.

This Chapter is intended to permit objective and precise measurement of the impact of nuisances; to establish

permissible limits for each nuisance; to ensure that all industries will provide necessary control measures to

protect the community from hazards and nuisances; and to protect any industry from arbitrary exclusion.

No land or building in any district shall be used or occupied in such a manner as to create any dangerous,

injurious, noxious or otherwise objectionable Jre, explosive, or other hazard; noise or vibration; smoke, dust,

odor, or other form of air pollution; heat, cold dampness, electrical or other substances, conditions or elements

which would aMect adversely the surrounding area or adjoining premises; the foregoing are hereinafter referred

to as “dangerous or objectionable elements”. No use shall be undertaken or maintained unless it conforms to the

regulations of this Section in addition to the regulations set forth for the district in which such use is situated.

A. Performance standards procedure. Every use in the City of Petaluma must conform with the performance

standards set forth below. Provisions to enforce compliance with performance standards shall be invoked by the

Community Development Director or his designee against any use if there are reasonable grounds to believe that

performance standards are being violated by such use.

B. Locations where determinations are to be made for enforcement of performance standards. Measurements

necessary for enforcement of performance standards set forth in Section 21.040(A-D), shall be taken at the

following points:

1. At the lot line of the establishment or use in any district except in I and BP Districts.

2. In the I and BP Districts, Jve hundred (500) feet from the establishment or use, or at the boundary of the

district, if closer to the establishment or use, or at any point within an adjacent non-industrial district.

In order to address the potential impacts (noise, glare, odors, etc.) non-residential uses may have on abutting

residential uses, the following shall apply to any non-residential that abuts a residential use located in a residential

zone (RR, R1, R2, R3, R4, R5 or residential Planned Unit District):

A. Hours of operation are limited to Monday through Friday from 7:00 to 10:00 p.m. and Saturday, Sunday, and

holidays recognized by the City from 9:00 a.m. to 10:00 p.m.

B. The hours of operation may be expanded beyond the hours permitted by Section 21.030(A) with approval of a

conditional use permit as prescribed by Section 24.060. (Ord. 2811 § 4, 2022.)

A. Noise Regulations.

1. Purpose. It is declared to be the policy of the City, in the exercise of its police power, to protect properties

and the general health, safety and welfare of persons from unnecessary, excessive and annoying noise

disturbances. In accordance with this policy, the City of Petaluma is hereby designated a quiet city. At certain

levels, noises are detrimental to the health and welfare of the citizenry and, in the public interest, shall be

prohibited. It is the purpose of this chapter to implement the goals of the Health and Safety Element of the

General Plan by prescribing standards prohibiting detrimental levels of noise and by providing an eMective

and readily available remedy for violations. The provisions of this chapter and the remedies contained herein

shall be cumulative and are not intended to replace any otherwise available remedies for public, private or

mixed nuisances, nor any other civil or criminal remedies otherwise available. In addition, the regulations

contained herein are not intended to substitute for any noise analysis conducted as a part of the City’s

environmental review process for discretionary permit approvals, nor is it intended to limit more strict noise

control requirements for discretionary permit approvals should more strict measures be found to be

necessary in order to maintain noise levels that are not detrimental to the health and welfare of the citizenry.

2. De4nitions.

a. Ambient noise. The composite of noise from all sources within a given area. Ambient noise

constitutes the existing level of environmental noise at a given location.

b. Noise disturbance. Any sound which, because of its loudness (amplitude), duration, or character,

disturbs, injures or endangers the public comfort, health, peace or safety within the limits of the City of

Petaluma.

c. Decibel (dB). The measurement unit used for loudness of sound/noise.

d. A-Weighted Sound Level (dBA). A decibel scale that approximates the way the human ear responds to

frequency levels.

e. Equivalent Sound Level (Leq). A term used to assign a single value A-weighted decibel level to the

measured average sound exposure over a period of time.

f. Noise Control O5cer. The City of Petaluma Community Development Director and the City of

Petaluma Police Chief or his/her designee.

g. Quiet City. A City that strives to minimize the amount of noise to which the community, particularly a

residential area, is exposed through the implementation of enforceable noise standards.

3. Noise Regulations Generally.

a. The following speciJc acts, subject to the exemptions provided in Section 21.040(A)(5), are declared

to be public nuisances and are prohibited:

1) The operation or use of any of the following before 7:00 a.m. or after 10:00 p.m. daily (except

Saturday, Sunday and State, Federal or Local Holidays, when the prohibited time shall be before

9:00 a.m. and after 10:00 p.m.):

2) A hammer or any other device or implement used to repeatedly pound or strike an object.

3) An impact wrench, or other tool or equipment powered by compressed air.

4) Any tool or piece of equipment powered by an internal-combustion engine such as, but not

limited to, chain saw, backpack blower, and lawn mower. Except as speciJcally included in this

Ordinance, motor vehicles, powered by an internal-combustion engine and subject to the State of

California vehicle code, are excluded from this prohibition.

5) Any electrically or battery powered tool or piece of equipment used for cutting, drilling, or

shaping wood, plastic, metal, or other materials or objects, such as but not limited to a saw, drill,

lathe or router.

6) Any of the following: the operation and/or loading or unloading of heavy equipment (such as

but not limited to bulldozer, road grader, back hoe), ground drilling and boring equipment, hydraulic

crane and boom equipment, portable power generator or pump, pavement equipment (such as but

not limited to pneumatic hammer, pavement breaker, tamper, compacting equipment), pile-driving

equipment, vibrating roller, sand blaster, gunite machine, trencher, concrete truck, and hot kettle

pump and the like.

7) Construction, demolition, excavation, erection, alteration or repair activity.

8) Operating or permitting the operation of powered model vehicles including but not limited to

cars, aircraft and boats.

9) Using or operating for any purpose any loudspeaker, loudspeaker system or similar device in

such a manner as to create a noise disturbance. Any permit issued pursuant to PMC Section

13.28.050 (ampliJed sound permit within a public park) is exempt from this section.

10) The use of truck/tractor trailer “Jake Brakes” on any public street under the jurisdiction of the

City of Petaluma Police Department.

b. In the case of urgent necessity and in the interest of public health and safety, the Noise Control

OLcer may issue a permit for exemption from the requirements with subsection 21.040(A)(3). Such

period shall not exceed ten (10) working days in length but may be renewed for successive periods of

thirty (30) days or less, not to exceed a total of 90 days while the emergency continues. Requests for

exemptions beyond 90 days shall require public hearing approval. The Noise Control OLcer may limit

such permit as to time of use and/or permitted action, depending upon the nature of the emergency and

the type of action requested.

c. The operation of any licensed motor vehicle in violation of the State Vehicle Code or the operation

of stereo, public address or other such ampliJed equipment on or within a motor vehicle in violation of

the State Vehicle Code.

d. Continued or repeated operation of a Public Address System between the hours of 10:00 a.m. and

7:00 p.m. daily shall not exceed a decibel level of 5 dBA above the measured ambient of the area in

which this activity is occurring. Unless speciJcally approved by the City of Petaluma (i.e. Use Permit,

Parks Director, Exception or Exemption from this Code Sec.) no Public Address System shall be permitted

during the hours of 7:00 p.m. to 10:00 a.m.

4. Noise Measurement. Utilizing the “A” weighting scale of a sound level meter and the “slow” meter

response (use “fast” response for impulsive type sounds), the ambient noise level shall Jrst be measured at a

position or positions at any point on the receiver’s property which can include private and public property. In

general, the microphone shall be located four to Jve feet above the ground; ten feet or more from the

nearest reKective surface where possible. If possible, the ambient noise shall be measured with the alleged

oMending noise source inoperative. If for any reason the alleged oMending noise source cannot be shut down,

the ambient noise must be estimated by performing a measurement in the same general area of the source

but at a suLcient distance such that the noise from the source is at least 10dB below the ambient in order

that only the ambient level be measured.

a. If the measured ambient level is greater than 60dB, the Maximum Noise Exposure standard shall be

adjusted in 5dB increments for each time period as appropriate to encompass or reKect the measured

ambient noise level. In no case shall the maximum allowed threshold exceed 75dB after adjustments are

made.

b. In the event the measured ambient noise level is 70dB or greater, the maximum allowable noise

level shall be increased to reKect the maximum ambient noise level. In this case, adjustments for

loudness and time as contained in Table I shall not be permitted.

c. No person shall cause or allow to cause, any source of sound at any location within the incorporated

City or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by

such person, which when measured on the property where the noise disturbance is being experienced

within public or private open/outdoor spaces, exceeds the noise level of Table 21.1.

TABLE 21.1: Maximum Exterior Noise Exposure (Leq, dBA)

Time: 10 p.m. to 7 a.m. M-F Time: 7 a.m. to 10 p.m. M-F

10 p.m. to 8 a.m. S, S and 8 a.m. to 10 p.m. S, S and

Holidays Holidays

General Plan Ambient 60 60

cumulative period of 15 65 70

minutes or more in one hour

cumulative period of 5 70 75

minutes or more in one hour

cumulative period of 1 minute 75 80

or more in one hour

5. Exemptions.

a. Aerial warning devices which are required by law to protect the health, safety and welfare of the

community shall be exempt from the provisions of this chapter.

b. Emergency vehicle responses and all necessary equipment utilized for the purpose of responding to

a declared state of emergency are exempt from this chapter.

c. Airport, river operations that signiJcantly contribute to commercial and industrial tonnage Jgures

on the Petaluma River, and railroad operations.

d. The operation of garbage collection and other municipal or utility vehicles.

e. Uses established through the discretionary review process containing speciJc noise conditions of

approval and/or mitigation measures.

6. Exceptions.

a. Authorities. The Noise Control OLcer is authorized to grant exceptions from any provision of this

chapter, subject to limitations of proximity to noise sensitive uses, noise levels, time limits and other

terms and conditions as the Noise Control OLcer determines are appropriate to protect the public

health, safety and welfare from the noise emanating therefrom. This section shall in no way aMect the

duty to obtain any permit or license required by law for such activities.

b. Application. Any person seeking an exception pursuant to this section shall Jle an application with

the Noise Control OLcer consistent with the provisions and requirements of Section 24.060(K) (Minor

Conditional Permits). The application shall contain information which demonstrates that bringing the

source of sound or activity for which the exception is sought into compliance with this chapter would

constitute an unreasonable hardship on the applicant, on the community, or on other persons. The application shall be accompanied by a fee as established by Council Resolution. A separate application

shall be Jled for each noise source; provided, however, that several mobile sources under common

ownership, or several Jxed sources on a single property may be combined into one application. Any

individual who claims to be adversely aMected by allowance of the exception may Jle a statement with

the Noise Control OLcer containing any information to support his/her claim. If at any time the Noise

Control OLcer Jnds that a suLcient controversy exists regarding an application, a public hearing before

the Planning Commission may be held.

c. Decision Criteria. In determining whether to grant or deny the exception application, the Noise

Control OLcer shall balance denial as a hardship on the applicant against:

1) The adverse impact on the health, safety and welfare of other persons aMected;

2) The reasonableness of compliance with this code given the existing conditions and scope of the

necessary improvements to comply;

3) The adverse impact on property aMected;

4) Any other adverse impacts of granting the exception; and,

5) Consistency with the General Plan.

Applicants for exceptions and persons contesting exceptions shall be required to submit such

information as the Noise Control OLcer may reasonably require to adequately address the above Jve

areas of consideration.

d. Approval/Findings. Exceptions shall be granted by notice to the applicant containing all necessary

conditions. The exception shall not become eMective until all conditions (if any) are agreed to in writing

by the applicant. Noncompliance with any condition of the exception shall terminate the exception and

subject the person holding it to those provisions of this chapter for which the exception was granted.

e. Term of Exception. The term of the exception shall run continuously with the associated use and shall

terminate upon cessation of the use for a period of six (6) months or more. An exception shall only be

transferred to a similar use at the same location upon the Noise Control OLcer receiving suLcient

information to Jnd that: the new use is of the same or lesser intensity; and, the new use will not

substantially alter the pattern of noise generation established by the previous use (i.e., increase evening

or morning noise over the previous use).

7. Noise Control O5cer. The Community Development Director and the Chief of Police are hereby appointed

the Noise Control OLcers of the City. It shall be the responsibility of the Noise Control OLcers or his/her

designated representative to enforce the provisions of this section and to perform all other functions

required of the Noise Control OLcer by this section. Such duties shall include, but not be limited to,

investigating potential violations of this section and referring evidence of such violations either to the Police

Department or City Attorney for initiation of legal action.

8. Interrelationship Of Provisions. It is the purpose of this chapter to provide maximum noise level limitations

for otherwise lawful activities. Nothing contained in this section shall be deemed to authorize any otherwise

prohibited activity nor to supersede existing land use/zoning limitations. In the event of a conKict between the

standards contained in this chapter and any other provision of law, the more restrictive shall govern.

B. Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without

the aid of instruments at the points of measurement speciJed in Section 21.120(B) nor shall any vibration

produced exceed 0.002g peak at up to Jfty (50) cps frequency, measured at the point of measurement speciJed in

Section 21.120(B) using either seismic or electronic vibration measuring equipment. Vibrations occurring at higher

than Jfty (50) cps frequency or a periodic vibration shall not induce accelerations exceeding .001g. Single impulse

periodic vibrations occurring at an average interval greater than Jve (5) minutes shall not induce accelerations

exceeding .01g.

C. Odors. No emission shall be permitted of odorous gases or other odorous matter 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 speciJed in Section 21.120(B) or at the point of greatest concentration. 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. There is hereby established as a guide in

determining such quantities of oMensive odors Table III, “Odor Thresholds”, in Chapter 5, “Air Pollution Abatement

Manual”, copyright 1959, by Manufacturing Chemists’ Association, Inc., Washington, D.C., and said manual, and/or

table as subsequently amended.

D. Glare.

1. Direct Glare. Direct glare is deJned for the purpose of this Ordinance as illumination visible at the points

of measurement speciJed in Section 21.120(B) caused by direct or specularly reKected rays from

incandescent, Kuorescent, or arc lighting, or from such high temperature processes as welding, or petroleum

or metallurgical reJning.

No such direct glare shall be permitted with the exception that parking areas and walkways may be

illuminated by luminaries so hooded or shielded that the maximum angle of the cone of direct illumination

shall be sixty (60) degrees if the luminary is not less than six (6) feet above the ground. Such luminary shall be

placed no higher than the principal structure on the site if attached to said structure and, if not attached to

the principal structure, no higher than twenty (20) feet unless the Zoning Administrator determines that

special operational circumstances of the subject property require higher light standards. The maximum

illumination at ground level shall not be in excess of three (3) foot candles.

2. Indirect Glare. Indirect glare is deJned for the purpose of this ordinance as illumination visible at the

points of measurement speciJed in Section 21.120(B) caused by diMuse reKection from a surface such as a

wall or roof of a structure. Indirect glare shall not exceed that value which is produced by an illumination of

the reKecting surface not to exceed:

.3 foot candles (maximum)

.1 foot candle (average)

Deliberately induced sky-reKected glare, as by casting a beam upward for advertising purposes, is speciJcally

prohibited without the issuance of a temporary sign permit.

E. Fire and Explosion Hazards. All activities involving and all storage of inKammable and explosive materials shall

be provided at any point with adequate safety devices against the hazard of Jre and explosion and adequate

JreJghting and Jre suppression equipment and devices standard in the industry. Burning of waste materials in

open Jres is prohibited at any point. The relevant provisions of State and local laws and regulations shall also

apply.

F. Heat. For the purpose of this ordinance, heat is deJned as thermal energy of a radioactive, conductive or

convective nature. Heat emitted at any or all points shall not at any time cause a temperature increase on any

adjacent property in excess of ten (10) degrees F., 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.

G. Radioactivity or Electric Disturbance. No activities shall be permitted which emit dangerous radioactivity at any

point, or electrical disturbance adversely aMecting the operation of any equipment other than that of the creator

of such disturbance.

H. Smoke, Fumes, Gases, Dust, Particulate Matter. No emission shall be permitted at any point which would violate

the current regulation for such emission as established by the Bay Area Air Quality Management District.

I. Liquid or Solid Wastes. No discharge shall be permitted at any point into any public sewer, private sewage

system, or stream or into the ground, except in accord with standards approved by the State and County

Departments of Health and local ordinances, of any materials of such nature or temperature as can contaminate

any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of

dangerous or oMensive elements. There shall be no accumulation outdoors of solid wastes conducive to the

breeding of rodents or insects, unless stored in closed containers. (Ord. 2811 § 4, 2022.)

The Petaluma Implementing Zoning Ordinance is current through Ordinance 2907, passed September 8,

Disclaimer: The city clerk’s oLce has the oLcial version of the Petaluma Implementing Zoning Ordinance. Users

should contact the city clerk’s oLce for ordinances passed subsequent to the ordinance cited above.

City Website: cityofpetaluma.net

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