Chapter 9.34 — PERFORMANCE STANDARDS

This chapter establishes performance standards to guard against the use of any property or structure in any zone in any manner which would create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazards; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness; electrical or other substance, condition or element in such a manner that adversely affects the health and safety of the public and the surrounding area or adjoining premises. (Ord. 254, 12-16-2014)

A. These performance standards shall apply to all uses in all zones, except for legal nonconforming uses which, based on a written opinion of the town attorney, have an established right not to comply with the provisions of this chapter.

B. Compliance may be waived by the commission if a condition created under prior ordinances physically precludes the reasonable application of the standards. Additional categorical exemptions from compliance with the performance standards are as follows:

1. Temporary Activity: Festivals and other special events with approved temporary use permits or other required permits, where such activities otherwise comply with other applicable provisions of this development code.

2. Emergency Activities: Any emergency activity on the part of the town or a private party.

3. Construction Activity: Temporary construction activity is exempted except where such activity is explicitly regulated by other regulations of this code. (Ord. 254, 12-16-2014)

A. Modification By Specific Reference: The provisions of this chapter shall prevail should they conflict with the provisions of a land use zoning district or specific plan, unless the land use zoning district or plan standard specifically overrides or modifies the provisions of this chapter by specific reference.

B. Modification By Establishment Of Overlay Or Approval Of Planned Development, Specific Plan Or Variance: An overlay, approved planned development, specific plan or approved variance may modify the provisions of this chapter. (Ord. 254, 12-16-2014)

A. Equipment Permit And Inspection Requirements: Required permits shall be obtained from the Mojave Desert air quality management district. Before the equipment may be constructed, plans and specifications shall be submitted to the MDAQMD for approval.

B. Permits From Air Quality Management Districts: Permits shall be obtained from the Mojave Desert air quality management district. If requested by the director, uses, activities, or processes that require air quality management district approval to operate shall file a copy of the permit with the department within thirty (30) days of its approval. C. Diesel Exhaust Emissions Control Measures: The following emissions control measures shall apply to all discretionary land use projects approved by the town on or after January 15, 2009:

1. On Road Diesel Vehicles: On road diesel vehicles are regulated by the state of California air resources board.

2. Off Road Diesel Vehicle/Equipment Operations: All business establishments and contractors that use off road diesel vehicle/equipment as part of their normal business operations shall adhere to the following measures during their operations in order to reduce diesel particulate matter emissions from diesel fueled engines:

a. Off road vehicles/equipment shall not be left idling on site for periods in excess of five (5) minutes. The idling limit does not apply to:

• (1) Idling when queuing;

• (2) Idling to verify that the vehicle is in safe operating condition;

• (3) Idling for testing, servicing, repairing or diagnostic purposes;

• (4) Idling necessary to accomplish work for which the vehicle was designed (such as operating a crane); and

• (5) Idling required to bring the machine system to operating temperature.

• b. Use reformulated ultra low sulfur diesel fuel in equipment and use equipment certified by the U.S. environmental protection agency (EPA) or that predates EPA regulations.

• c. Maintain engines in good working order to reduce emissions.

• d. Signs shall be posted requiring vehicle drivers to turn off engines when parked.

• e. Any requirements or standards subsequently adopted by the Mojave Desert air quality management district or the California air resources board.

• f. Provide temporary traffic control during all phases of construction.

• g. On site electrical power connections shall be provided for electric construction tools to eliminate the need for diesel powered electric generators, where feasible.

h. Maintain construction equipment engines in good working order to reduce emissions. The developer shall have each contractor certify that all construction equipment is properly serviced and maintained in good operating condition.

i. Contractors shall use ultra low sulfur diesel fuel for stationary construction equipment as required by air quality management district (AQMD) rules 431.1 and 431.2 to reduce the release of undesirable emissions.

• j. Substitute electric and gasoline powered equipment for diesel powered equipment, where feasible.

3. Project Design: Distribution centers, warehouses, truck stops and other facilities with loading docks where diesel trucks may reside overnight or for periods in excess of three (3) hours shall be designed to enable any vehicle using these facilities to utilize on site electrical connections to power the heating and air conditioning of the cabs of such trucks, and any refrigeration unit(s) of any trailer being pulled by the trucks, instead of operating the diesel engines and diesel refrigeration units of such trucks and trailers for these purposes. This requirement shall also apply to recreational vehicle parks (as defined in subsection 9.08.060B of this title) and other development projects where diesel engines may reasonably be expected to operate on other than an occasional basis. (Ord. 254, 12-16-2014)

No use shall be permitted where such use results in electric or electromagnetic interference that adversely affects the operation of any equipment other than that belonging to the creator of such interference, or that does not conform to the regulations of the federal communications commission. (Ord. 254, 12-16-2014)

This section establishes standards for storage of solid materials susceptible to fire hazards and flammable liquids and gases where allowed in compliance with article 2, "Zoning Districts And Development Standards", of this title. A. Combustible Solids: Land uses that include the storage of solid materials susceptible to fire hazards shall be subject to the following storage standards in the indicated land use zoning districts:

1. Industrial (I) zoning district:

a. Inside Storage: A structure utilized for the storage, manufacture, or use of flammable solid materials shall be located no less than forty feet (40') from any lot line and any other on site structures or shall adhere to standards specified in subsection A2 of this section.

• b. Outdoor Storage: Outdoor storage of flammable solid materials shall be no less than fifty feet (50') from any lot line and any other on site structures.

2. All other manufacturing or industrial uses legally established within any other land use zoning district. The storage, manufacture, or use of highly flammable solid materials shall take place in enclosed spaces having fire resistance of no less than two (2) hours and protected with an automatic fire extinguishing system and shall comply with San Bernardino County fire department requirements.

• B. Flammable Liquids And Gases: Land uses that involve the storage of flammable liquids and gases shall be subject to the following standards when established within the land use zoning districts indicated:

1. Setbacks: Setback requirements for flammable liquids and gases shall be in accordance with fire department requirements.

2. Storage Capacity: The total storage capacity of flammable liquids and gases on a parcel shall not exceed the quantities indicated in table 3-13, "Storage Standards For Flammable Liquids And Gases", of this section. TABLE 3-13

STORAGE STANDARDS FOR FLAMMABLE LIQUIDS AND GASES

• C. Liquefied Petroleum Gas (LPG):

1. General Requirements:

a. Agricultural, Commercial, Industrial, Or Manufacturing Uses And Zoning Districts: Liquefied petroleum gas (LPG) storage and distribution facilities for agricultural, commercial, industrial, or manufacturing uses shall be allowed subject to a conditional use permit in compliance with article 2, "Zoning Districts And Development Standards", of this title. The location, installation, operation, and maintenance of LPG storage and distribution facilities shall be subject to:

• (1) The standards in this subsection.

• (2) The conditions, requirements, and standards imposed by the review authority in compliance with this chapter.

• b. Residential Uses And Zoning Districts: Standards for residential uses and residential land use zoning districts for LPG storage shall be in accordance with fire department requirements.

c. Conflict Between Zoning District And Use Permit Requirements: In the event of a conflict between the provisions of this subsection C and the provisions of a land use zoning district, including the requirement for a conditional use permit, the provisions of this subsection shall prevail and control.

2. Fire Protection Requirements For All Parcels:

• a. Setbacks for LPG storage and distribution facilities from structures and property lines shall be those specified by fire department requirements.

• b. LPG storage tanks shall be centrally located on the parcel to the satisfaction of the fire department.

3. Additional Fire Protection Requirements For Specific Types Of Parcels: For parcels that have no more than one occupied structure less than five thousand (5,000) square feet in size and where the water system provides substandard flows per International Standards Organization (ISO) standards for structure protection, additional fire protection requirements shall be as follows:

TABLE 3-14

ADDITIONAL FIRE PROTECTION

4. Additional Fire Protection Requirements For Any Parcel With Adequate Fire Flow Available Per ISO Standards:

• a. Fire Hydrants: Fire hydrant(s) shall serve the parcel in compliance with fire department requirements.

• b. Protection: Fire flow shall provide for exposure protection (ISO calculation) and LPG storage tank protection/suppression.

• (1) Sprinklers shall use calculations, as adopted by fire department requirements.

• (2) Hose lines shall use the formula: GPM = 5 times the square root of the tank capacity.

• c. Additional Protection:

• (1) Where the fire chief determines that water can be applied to the tank or exposures by the fire department in required amounts in eight (8) minutes or less, no additional protection shall be required.

(2) Where the fire chief determines that water cannot be applied to the tank or exposures by the fire department in required amounts in eight (8) minutes or less, one of the following protection measures shall be

required:

• (A) One hour approved protective coating shall be applied to the LPG storage tank; or

• (B) A fixed spray water system shall be installed as approved by the fire department.

5. Additional Fire Protection Requirements For Any Parcel Not Included In Either Subsections C3 Or C4 Of This Section:

• a. Either a one hour or more protective coating shall be applied to the LPG storage tank, as required by the fire department, or a fixed spray water system shall be installed instead of coating the tank.

b. Fire flow shall be calculated for exposure only, in compliance with fire department requirements. (Ord. 254, 12-16-2014)

Land uses in industrial districts shall not emit heat that would cause a temperature increase on any adjacent property in excess of ten degrees Fahrenheit (10°F), whether the change is in the air, on the ground, or in a structure. (Ord. 254, 12-16-2014)

This section establishes standards concerning acceptable noise levels for both noise sensitive land uses and for noise generating land uses.

• A. Noise Measurement: Noise shall be measured:

1. At the property line of the nearest site that is occupied by, and/or zoned or designated to allow the development of noise sensitive land uses;

2. With a sound level meter that meets the standards of the American National Standards Institute (ANSI section SI4 1979, type 1 or type 2);

3. Using the "A" weighted sound pressure level scale in decibels (ref. pressure = 20 micro newtons per meter squared). The unit of measure shall be designated as dB(A).

B. Noise Impacted Areas: Areas within the town shall be designated as noise impacted if exposed to existing or projected future exterior noise levels from mobile or stationary sources exceeding the standards listed in subsections C1, "Noise Standards For Stationary Noise Sources", and C3, "Noise Standards For Adjacent Mobile Noise Sources", of this section. New development of residential or other noise sensitive land uses shall not be allowed in noise

impacted areas unless effective mitigation measures are incorporated into the project design to reduce noise levels to these standards. Noise sensitive land uses shall include residential uses, schools, hospitals, nursing homes, religious institutions, libraries, and similar uses.

• C. Noise Standards: The following legend is for use with all tables in this section:

1. Noise Standards For Stationary Noise Sources: Table 3-15, "Noise Standards For Stationary Noise Sources", of this section describes the noise standard for emanations from a stationary noise source, as it affects adjacent properties:

TABLE 3-15

NOISE STANDARDS FOR STATIONARY NOISE SOURCES

2. Noise Limit Categories: No person shall operate or cause to be operated a source of sound at a location or allow the creation of noise on property owned, leased, occupied, or otherwise controlled by the person, which causes the noise level, when measured on another property, either incorporated or unincorporated, to exceed any one of the following:

a. The noise standard for the receiving land use as specified in subsection B, "Noise Impacted Areas", of this section, for a cumulative period of more than thirty (30) minutes in any hour.

• b. The noise standard plus five (5) dB(A) for a cumulative period of more than fifteen (15) minutes in any hour.

• c. The noise standard plus ten (10) dB(A) for a cumulative period of more than five (5) minutes in any hour.

• d. The noise standard plus fifteen (15) dB(A) for a cumulative period of more than one minute in any hour.

• e. The noise standard plus twenty (20) dB(A) for any period of time.

3. Noise Standards For Adjacent Mobile Noise Sources: Noise from mobile sources may affect adjacent properties adversely. When it does, the noise shall be mitigated for any new development to a level that shall not exceed the standards described in table 3-16, "Noise Standards For Adjacent Mobile Noise Sources", of this section.

TABLE 3-16

NOISE STANDARDS FOR ADJACENT MOBILE NOISE SOURCES

Notes:

1. The indoor environment shall exclude bathrooms, kitchens, toilets, closets and corridors.

2. The outdoor environment shall be limited to:

Hospital/office building patios

Hotel and motel recreation areas

Mobilehome parks

Multi-family private patios or balconies

Park picnic areas

Private yard of single-family dwellings

School playgrounds

3. An exterior noise level of up to 65 dB(A) (or CNEL) shall be allowed provided exterior noise levels have been substantially mitigated through a reasonable application of the best available noise reduction technology, and interior noise exposure does not exceed 45 dB(A) (or CNEL) with windows and doors closed. Requiring that windows and doors remain closed to achieve an acceptable interior noise level shall necessitate the use of air conditioning or mechanical ventilation.

exterior noise levels have been substantially mitigated through a reasonable application of the best available noise reduction technology, and interior noise exposure does not exceed 45 dB(A) (or CNEL) with windows and doors closed. Requiring that windows and doors remain closed to achieve an acceptable interior noise level shall necessitate the use of air conditioning or mechanical ventilation.

D. Increases In Allowable Noise Levels: If the measured ambient level exceeds any of the first four (4) noise limit categories in subsection C2 of this section, the allowable noise exposure standard shall be increased to reflect the ambient noise level. If the ambient noise level exceeds the fifth noise limit category in subsection C2 of this section, the maximum allowable noise level under this category shall be increased to reflect the maximum ambient noise level. E. Reductions In Allowable Noise Levels: If the alleged offense consists entirely of impact noise or simple tone noise, each of the noise levels in table 3-15, "Noise Standards For Stationary Noise Sources", of this section shall be reduced by five (5) dB(A).

• F. Exempt Noise: The following sources of noise shall be exempt from the regulations of this section:

1. Motor vehicles not under the control of the commercial or industrial use.

2. Emergency equipment, vehicles, and devices.

3. Temporary construction, maintenance, repair, or demolition activities between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M., except Sundays and federal holidays.

G. Noise Standards For Other Structures: All other structures shall be sound attenuated against the combined input of all present and projected exterior noise to not exceed the criteria shown in table 3-17, "Noise Standards For Other Structures", of this section.

TABLE 3-17

NOISE STANDARDS FOR OTHER STRUCTURES

Note:

1. In addition, the average of the maximum levels on the loudest of intrusive sounds occurring during a 24 hour period shall not exceed 65 dB(A) interior.

(Ord. 254, 12-16-2014)

A. Vibration Standard: No ground vibration shall be allowed that can be felt without the aid of instruments at or beyond the lot line, nor shall any vibration be allowed which produces a particle velocity greater than or equal to 0.2 inch per second measured at or beyond the lot line.

B. Vibration Measurement: Vibration velocity shall be measured with 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 next to a parcel within a residential, commercial and industrial land use zoning district.

• C. Exempt Vibrations: The following sources of vibration shall be exempt from the regulations of this section: Motor vehicles not under the control of the subject use.

Temporary construction maintenance or demolition activities between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. (Ord. 254, 12-16-2014)

A. Liquid Waste Disposal And Runoff Control: No liquids of any kind shall be discharged into a public or private sewage or drainage system, watercourse, body of water, or into the ground, except in compliance with applicable regulations of this code and related federal regulations. (Ord. 254, 12-16-2014)

A. Regulated By State Of California And The U.S. EPA: The use, handling, storage, and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California hazardous materials regulations (California administrative code, title 22, division 4). The U.S. environmental protection agency and the California department of health services identify hazardous materials and prescribe handling, use, and disposal practices. The use, storage, manufacture, and disposal of hazardous materials shall be regulated and monitored according to the standards established by these agencies and any delegated government agencies.

B. Combustibles And Explosives:

1. The use, handling, storage, and transportation of combustibles and explosives shall comply with the provisions of title 19 of the California code of regulations chapter 10 (explosives).

2. No gasoline or other inflammables or explosives shall be stored unless the location, plans, and construction conform to the laws and regulations of the state of California and have the approval of the town.

• C. Maintenance Of Equipment:

1. Objects such as vehicle motor parts containing grease, oil or other hazardous substances, and unsealed

receptacles containing hazardous materials, shall not be stored in areas susceptible to runoff.

2. Any machine which is to be repaired or maintained in an uncovered outdoor area shall be placed on a pad of absorbent material to contain leaks, spills or small discharges.

3. Machinery and equipment, including motor vehicles, which are leaking significant amounts of oil or fluid must be repaired. (Ord. 254, 12-16-2014)