Division 3. Development and Operational Standards
Chapter 9.22
PERFORMANCE STANDARDS
Sections:
9.22.040 Electrical interference.
9.22.050 Exterior light and glare.
9.22.070 Geologic/seismic hazards.
9.22.090 Odors and noxious matter.
9.22.110 Water quality: Site grading.
9.22.010 Purpose of chapter.
The purpose of this chapter is to provide uniform performance standards which are designed to minimize and mitigate the potential impacts of development within the City and promote compatibility with surrounding areas and land uses. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.22.020 Applicability.
The provisions of this chapter shall apply to all new and existing land uses, including permanent and temporary uses, in all zoning districts. Existing uses on the effective date of this chapter shall not be altered or modified to conflict with, or further conflict with, these standards. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.22.030 Air quality.
A. Air pollution. Sources of air pollution shall comply with rules established by the Environmental Protection Agency (Code of Federal Regulations, Title 40) and the California Air Resources Board. No person shall operate a regulated source of air pollution without a valid operation permit issued by the San Joaquin Valley Air Pollution Control District (SJVAPCD). Uses, activities, or processes that require SJVAPCD approval of a permit to operate shall file a copy of the permit with the Department within thirty (30) days of its approval.
B. Dust and dirt. Land use activities that may create dust emissions (e.g., construction, grading, etc.) shall be conducted in a manner designed to create as little dust or dirt emission beyond the boundary line of the parcel as possible and shall do the following:
1. Scheduling. Grading activities shall be scheduled to ensure that repeated grading will not be required, and that implementation of the proposed land use will occur as soon as possible after grading;
2. Operations during high winds. Clearing, earth-moving, excavation operations, or grading activities shall cease when the wind speed exceeds twenty-five (25) miles per hour averaged over one hour;
3. Area of disturbance. The area disturbed by clearing, demolition, earth-moving, excavation operations, or grading shall be the minimum required to implement the allowed use;
4. Dust control. During clearing, demolition, earth-moving, excavation operations, or grading, dust emissions shall be controlled by regular watering, paving of construction roads, or other dust-preventive measures (e.g., hydro seeding, etc.), subject to the review and approval of the Director.
a. Material(s) excavated or graded shall be watered to prevent dust. Watering, with complete coverage, shall occur at least twice daily, preferably in the late morning and after work is done for the day.
b. Material(s) transported off site shall be either sufficiently watered or securely covered to prevent dust;
5. On-site roads. On-site roads shall be paved as soon as feasible. During construction, roads shall be watered periodically, and/or shall be chemically stabilized; and
6. Revegetation. Graded areas shall be revegetated as soon as possible to minimize dust and erosion. Portions of the construction site to remain inactive longer than ninety (90) days shall be seeded and watered until grass cover is grown and maintained, subject to the discretion of the Director.
C. Exhaust emissions. Any gas or diesel fired backup power generator rated at fifty (50) horsepower or greater shall require prior approval from the San Joaquin Valley Air Pollution Control District (SJVAPCD).
D. Odor emissions. Any activity that causes noxious odorous emissions in a matter or quantity that is detrimental to or endangers the public comfort, health, safety, or welfare is declared to be a public nuisance and unlawful, and shall be modified to prevent further emissions release. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.22.040 Electrical interference.
A. Compliance. Operators of activities, processes, and uses shall comply with all applicable Federal Communications Commission regulations.
B. Interference. Activities, processes, and uses shall not operate in a manner that produces electric and/or magnetic fields that adversely affect the public comfort, health, safety, and welfare of the community, including interference with normal radio, telephone, or television reception from off of the premises where the activity is conducted.
C. Public nuisance. Existing or proposed uses that generate electrical disturbances that may be considered hazardous or a public nuisance shall be contained, modified, or shielded to prevent disturbances.
D. Power shut down. Operators of activities, processes, and/or uses shall not cause power to be shut down in an area without prior approval of the City of Clovis.
E. Enforcement. As provided for in Chapter 92 of this title. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.22.050 Exterior light and glare.
A. Exterior lighting.
1. Exterior lighting shall be:
a. Architecturally integrated with the character of on-site and adjacent structure(s);
b. Directed downward and shielded so that all direct light and glare is confined within the boundaries of the subject parcel;
c. Installed so that lights not blink, flash, or be of unusually high intensity or brightness. The “blink and flash” provision does not apply to allowed seasonal decorations in residential areas, Section 9.34.060(P). The unusually high intensity or brightness provision shall apply in all instances; and
d. Appropriate in height, intensity, and scale to the uses they are serving.
2. Exterior lighting shall not:
a. Exceed one hundred fifty (150) watts (or equivalent) or directly illuminate or be visible from adjacent properties.
b. Result in:
(1) Indirect illumination of adjacent properties in excess of one-half (0.5) foot-candles;
(2) A point of overlap between light patterns greater than seven feet (7') for pedestrian lighting systems; or
(3) An intensity of lighting within the physical limits of an area required to be lighted that is greater than seven (7) foot-candles.
B. Security lighting. Security lighting shall be provided at all entrances/exits to structures. The minimum illumination shall be two (2) foot-candles at ground level in front of the entrance/exit.
C. Shielded lighting. Light sources shall be shielded to direct light rays onto the subject parcel only. The light source, whether bulb or tube, shall not be directly visible from an adjacent property or public street rights-of-way. This section does not apply to public street lighting, sign illumination, or traffic safety lighting. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.22.060 Fire protection.
All new or modified development shall be built per the currently adopted California Fire Code, related Municipal Code provisions, and current Clovis Fire Code standards and policies. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.22.070 Geologic/seismic hazards.
A. Investigation required. Development shall comply with the provisions of the Alquist-Priolo Earthquake Fault Zoning Act (Public Resources Code, Section 2621 et seq.) and the Safety Element of the City’s General Plan.
B. Exemptions. In cases where subsection A of this section applies, exemptions from the provisions of this section may be granted under the following circumstances:
1. The proposal is limited to an addition or alteration to an existing structure that does not exceed twenty-five percent (25%) of the square footage of the structure before the proposed addition or alteration.
2. A waiver is granted based on a determination that there is no undue hazard of significant rupture.
C. Geologic investigation.
1. If a geotechnical report is required by subsection A of this section, a geologic/soils investigation shall be prepared by a State registered geologist or soils engineer. The City has the option to require a second party review of the investigation by a State registered geologist who is either an employee or under contract to the City.
2. The applicant shall be responsible for all associated review costs. The content of the geologic/soils investigation reports shall include the following: purpose and scope of investigation, geologic setting, site description and conditions, methods of investigation, subsurface and geophysical investigations, conclusions, and recommendations. Copies of all geologic investigations shall be kept on file at the Department. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.22.080 Noise.
A. Purpose of section. The purpose of this section is to establish standards to protect the public comfort, health, safety, and welfare of those living and working in the City and to implement goals and policies of the Noise Element of the General Plan.
B. Declaration of Council policy. Excessive noise levels are detrimental to the health and safety of individuals. Excessive noise is considered a public nuisance and the City discourages annoying, excessive, or unnecessary noises from all sources. Causing, creating, maintaining, or allowing to cause, create, or maintain any noise in a manner prohibited by the provisions of this section, elsewhere in the Municipal Code, or the Noise Element, is a public nuisance and shall be punished in compliance with Chapter 92 of this title (Enforcement).
C. Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
1. A-weighted sound level. The sound level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
2. Ambient noise. The composite of all noise from sources near and far, excluding the alleged intrusive noise source. In this context, ambient noise shall constitute the normal or existing level of environmental noise at a given location.
3. Community noise equivalent level (CNEL). A twenty-four (24) hour energy equivalent level derived from a variety of single-noise events, with weighting factors of five (5) and ten (10) dBA applied to the evening (7:00 p.m. to 10:00 p.m.) and nighttime (10:00 p.m. to 7:00 a.m.) periods, respectively, to allow for the greater sensitivity to noise during these hours.
4. dB (decibel). A unit used to express the relative intensity of a sound as it is heard by the human ear.
5. dBA. The “A-weighted” scale for measuring sound in decibels; weighs or reduces the effects of low and high frequencies in order to simulate human hearing. Every increase of ten (10) dBA doubles the perceived loudness though the noise is actually ten (10) times more intense.
6. Emergency alarm, machinery, or vehicle. Any alarm, machinery, or vehicle employed, operated, performed, or used in an effort to protect, provide, or restore safe conditions in the community, or work by private or public utilities when restoring utility service.
7. Emergency work. Work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
8. Impulsive noise. A sound of short duration, usually less than one second and of high intensity, with an abrupt onset and rapid decay.
9. Intrusive noise. The alleged offensive noise that intrudes over and above the existing ambient noise at the receiving property.
10. Ldn (day-night average sound level). The A-weighted average sound level for a given area (measured in decibels) during a twenty-four (24) hour period with a ten (10) dB weighting applied to nighttime sound levels. The Ldn is approximately numerically equal to the CNEL for most environmental settings.
11. Leq. The energy equivalent level, defined as the average sound level on the basis of sound energy (or sound pressure squared), typically measured over a shorter time period than CNEL (e.g., fifteen (15) minutes, thirty (30) minutes, or one hour). The Leq is a “dosage” type measure that is the basis for the descriptors used in current standards (e.g., the twenty-four (24) hour CNEL California).
12. Noise disturbance. An alleged noise that violates an applicable noise standard of this section, elsewhere in the Municipal Code, or the General Plan.
13. Noise level (LN). The noise level expressed in decibels that exceeds the identified (LN) value a percentage of total time measured. For example, an L25 noise level means that noise level that is exceeded twenty-five percent (25%) of the time measured.
14. Sound level meter. An instrument (e.g., amplifier, microphone, output meter, and frequency weighting network), for the measurement of sound levels, that satisfies the requirements pertinent for Type S2A meters in American National Standards Institute specifications for sound level meters.
D. Noise standards. The following noise standards, unless otherwise specifically indicated, shall apply to all property with a designated noise zone:
|
|
|
Allowable Exterior Noise Level (15-Minute Leq) |
|
|---|---|---|---|
|
Noise Zone |
Type of Land Use |
7 a.m. to 10 p.m. |
10 p.m. to 7 a.m. |
|
I |
Single-, two- or multiple-family residential |
55 dBA |
50 dBA |
|
II |
Commercial |
65 dBA |
60 dBA |
|
III |
Residential portions of mixed use properties |
60 dBA |
50 dBA |
|
IV |
Industrial or manufacturing |
70 dBA |
70 dBA |
|
|
|
Allowable Interior Noise Level (15-Minute Leq) |
|
|---|---|---|---|
|
Noise Zone |
Type of Land Use |
7 a.m. to 10 p.m. |
10 p.m. to 7 a.m. |
|
I |
Residential |
45 dBA |
40 dBA |
|
II |
Administrative/professional office |
50 dBA |
— |
|
III |
Residential portions of mixed use properties |
45 dBA |
40 dBA |
1. If the ambient noise level exceeds the resulting standard, the ambient shall be the standard.
2. It is unlawful for any person to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any property measured at the property line, to exceed either of the following within the incorporated area of the City:
a. The noise standard for the applicable zone for any fifteen (15) minute period;
b. A maximum impulsive noise level equal to the value of the noise standard plus twenty (20) dBA for any period of time (measured using A-weighted slow response). Impulsive noise which repeats four (4) or more times in any hour between 10:00 p.m. and 7:00 a.m. shall be measured as continuous sound and meet the noise standard for the applicable zone.
3. When properties of two (2) different noise zones abut one another, the maximum exterior noise level shall be the lower of the two (2) noise zones where one zone is residential, and in other contexts shall be the average of the two (2) zones.
4. Commercial, industrial, and recreational uses which create impulsive noise as part of their regular processes, such as through the use of pile drivers, forge hammers, punch presses, and gunshots, shall not be located in any zone district adjacent to a residential zone district unless a noise study is completed demonstrating the impulsive noise does not exceed the standards at the property line for the residential zone district. Impulse noise from these uses shall be measured as continuous sound. The noise study shall be subject to review and approval by the Director or his or her designee, and shall be completed as part of any discretionary permit process for the use or prior to obtaining a building permit. This provision shall not apply to uses existing on the effective date of the ordinance codified in this title.
5. Emergency electrical generators in residential zone districts shall comply with the California Building Code and California Residential Code, as amended, for the installation and operation of the emergency generator. Test cycle operation shall be limited to the hours between 10:00 a.m. and 4:00 p.m. Emergency electrical generators are intended to provide emergency power to run air conditioning, medical equipment and other household appliances in the event of a rolling blackout or other power grid failure.
E. Measurement of sound levels. Measurement of sound levels shall be as follows:
1. Sound level meter. Sound levels shall be measured on the A-weighting network of a sound level meter meeting the requirements of ASA Standards S14-1971 for General Purpose Sound Level Meters, or the latest revision published by the American National Standards Institute, Inc., using the slow meter response. The meter shall be calibrated and used according to the manufacturer’s instructions.
2. Location of microphone. Measurements shall be taken with the microphone located at any point on the property line of the noise source, but no closer than three feet (3') from any wall and not less than three feet (3') above the ground.
3. Minimum of two (2) readings. A minimum of two (2) readings shall be taken for a period of ten (10) minutes each with ten (10) minute intervals between measurements. The sound level shall be the average of these readings.
F. Activities exempt from regulations. The following activities shall be exempt from the provisions of this section:
1. Emergency exemption. The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work.
2. Warning devices. Warning devices necessary for the protection of public safety, (e.g., ambulance, fire, and police sirens, and train horns).
3. Railroad activities. All locomotives and rail cars operated by a railroad that is regulated by the State Public Utilities Commission.
4. Federal or State pre-exempted activities. Any activity, to the extent regulation thereof has been pre-exempted by Federal or State law.
5. Pre-existing uses. Uses existing at the time of the effective date of the ordinance codified in this title, which are in compliance with all applicable standards in effect prior to adoption, and which are not otherwise operating as a nuisance in violation of Article 6 of Chapter 27 of Title 5.
6. Public health and safety activities. All transportation, flood control, and utility maintenance and construction operations conducted by government entities or utility companies at any time on public rights-of-way, and those situations that may occur on private property deemed necessary to serve the best interests of the public and to protect the public’s health and well-being, including, but not limited to: debris and limb removal; removal of damaged poles and vehicles; removal of downed wires; restoring electrical service; repairing traffic signals; repair of water hydrants; repair of mains, gas lines, oil lines, and sewers; repair and maintenance of flood control and storm water facilities; repair and maintenance of streets and sidewalks.
7. Ordinary municipal activities. Ordinary municipal activities conducted by the City or other entity having jurisdiction in the City, including, but not limited to: solid waste collection; street sweeping; operation, maintenance, and repair of water production, treatment, and distribution facilities; operation, maintenance, and repair of sewage treatment, collection and distribution facilities; and vacuuming catch basins.
8. Public safety training activities. Training activities by fire, law enforcement, and public utility officials that cannot reasonably take place within the parameters of this section, including but not limited to training that involves: hydrant testing, pumping hose lays, running chain saws, operating power tools, demolition, vehicle noise, and use of generators.
9. Public celebrations. Public celebrations, holidays, or occasions generally celebrated, or public parades held under authorized permits; any sporting event or activity conducted under the direction and supervision of any public or private school.
G. Acts deemed violations of section. The following acts are a violation of this section:
1. Noise-related nuisances defined in Chapter 27 of Title 5. Violations of Article 6 of Chapter 27 of Title 5 pertaining to unlawful noise-related nuisances shall also be considered a violation of this section.
2. Construction noise. Construction activities shall be subject to the provisions of Section 5.27.604, which sets forth the permissible hours for construction activity. At all other times, no person shall operate, or cause to be operated, tools or equipment used in alteration, construction, demolition, drilling, or repair work so that the sound creates a noise disturbance across a residential property line, except for emergency work. Stationary equipment (e.g., generators) shall not be located adjacent to any existing residences unless enclosed in a noise attenuating structure, subject to the review and approval of the Director.
3. Places of public entertainment. Operating, playing, or allowing the operation or playing of a drum, musical instrument, phonograph, radio, sound amplifier, television, or similar device that produces, reproduces, or amplifies sound in a place of public entertainment at a sound level greater than ninety-five (95) dBA (read by the slow response on a sound level meter) at any point that is normally occupied by a customer is prohibited, unless conspicuous signs are located near each public entrance, stating “Warning: Sound Levels Within May Cause Hearing Impairment.”
4. Stationary nonemergency signaling devices. Sounding or allowing the sounding of an electronically amplified signal from a stationary bell, chime, siren, whistle, or similar device intended primarily for nonemergency purposes, from any place, for more than ten (10) consecutive seconds in any hourly period is prohibited.
5. Compacting mechanisms. Operating or allowing the operation of the compacting mechanism of any motor vehicle that compacts refuse and that creates, during the compacting cycle, a sound level in excess of eighty-five (85) dBA when measured at fifty feet (50') from any point of the vehicle is prohibited between the hours of 9:00 p.m. and 5:00 a.m.
6. Vehicle or motorboat repairs and testing. Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle, or motorboat in a manner as to cause a noise disturbance across property lines or within a noise-sensitive zone is prohibited.
H. Responsibility to eliminate or reduce acts deemed violations of section. Improvements to eliminate or reduce negative impacts between uses deemed violations of this section shall be provided by the new use, rather than the existing use. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023)
9.22.090 Odors and noxious matter.
A. Compliance. Land use activities that may produce odors or noxious matter (e.g., fumes, gases, heat, smoke, vapors, etc.) shall comply with the rules and regulations of the State Health and Safety Code and the San Joaquin Valley Air Pollution Control District (SJVAPCD).
B. Public nuisance. Noxious odorous emissions in a matter or quantity that would be detrimental to, or endanger the public comfort, health, safety, or welfare of the community, are declared to be a public nuisance and unlawful, and shall either be modified to prevent the release of further emissions or shall be punished in compliance with Chapter 92 of this title (Enforcement). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.22.100 Vibrations.
Uses that generate vibrations that may be considered a nuisance or hazard on any adjacent property shall be corrected, cushioned, or isolated to prevent the continued generation of vibrations. Uses shall be operated in compliance with the following provisions:
A. Not perceptible along property line. Uses shall not generate ground vibration that is perceptible without instruments by the average person at any point along or beyond the property line of the parcel containing the activities which generate the vibration.
B. No discomfort or annoyance. Uses, activities, and processes shall not generate ground vibration that causes discomfort or annoyance to reasonable persons of normal sensitivity or which endangers the comfort, health, or peace of residents whose property abuts the property lines of the subject parcel.
C. No interference. Uses shall not generate ground vibration that interferes with the operations of equipment and facilities on adjoining parcels.
D. Temporary construction exempt. Vibrations from temporary construction/demolition and vehicles that leave the subject parcel (e.g., trucks) are exempt from the provisions of this section. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.22.110 Water quality: Site grading.
A. Storm Water Pollution Prevention Plan required. Site grading in excess of one acre shall include a Storm Water Pollution Prevention Plan (SWPPP).
B. Notice of intent required. A notice of intent (NOI) shall be submitted to the State Water Resources Board before commencement of construction. (§ 2, Ord. 14-13, eff. October 8, 2014)