Chapter 17.68
GENERAL PERFORMANCE STANDARDS
Sections:
17.68.010 Fire and explosion hazards.
17.68.020 Radioactivity or electrical disturbance.
17.68.030 Noise.
17.68.040 Vibration.
17.68.050 Smoke.
17.68.060 Odors.
17.68.070 Air pollution.
17.68.080 Glare.
17.68.090 Liquid or solid wastes.
17.68.100 Screening of utilities.
17.68.110 Screening of construction materials and equipment.
17.68.120 Airport land use compatibility plan consistency.
17.68.010 Fire and explosion hazards.
All activities involving, and all storage of, inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire-suppression equipment and devices standard in industry and as approved by the fire department. All incineration is prohibited except with permit. (Ord. 227 § 1, 1981: Ord. 38 § 1 (part), 1972: prior code § 10-406.501)
17.68.020 Radioactivity or electrical disturbance.
Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located.
Further, no radiation of any kind shall be emitted in quantities which is dangerous to humans. The handling of any radioactive material shall require a use permit. (Ord. 38 § 1 (part), 1972: prior code § 10-406.502)
17.68.030 Noise.
A. Purpose. It is hereby declared to be the policy of the city that the public peace, health, safety, tranquility and general welfare of residential districts and the community as a whole requires protection from unnecessary, excessive, unreasonable and annoying noises as specified in this section. Therefore, the city does ordain and declare that any individual, persons, or business creating, maintaining, causing, or allowing to be created, caused or maintained any noise in a manner prohibited by or not in conformity with the provisions of this section is a public nuisance and shall be punishable as such.
B. Noise Limits. Noise levels shall be regulated as set forth in Table 1:
|
|
|
Noise Level (dBA) |
|
|---|---|---|---|
|
Receiving land use category |
Time period |
Any time duration greater than 3 minutes |
Time duration less than 3 minutes |
|
One- or two-family residential* |
10 p.m.—7:30 a.m. |
50 |
55 |
|
7:30 a.m.—10 p.m. |
60 |
65 |
|
|
Multiple family, public space |
10 p.m.—7:30 a.m. |
55 |
60 |
|
7:30 a.m.—10 p.m. |
60 |
65 |
|
|
Commercial, office |
10 p.m.—7:30 a.m. |
60 |
65 |
|
7:30 a.m.—10 p.m. |
65 |
70 |
|
|
Light industrial |
10 p.m.—7:30 a.m. |
65 |
70 |
|
7:30 a.m.—10 p.m. |
70 |
75 |
|
* Air conditioning condenser units placed in side yards in accordance with the provisions of Section 17.54.080 shall not generate noise levels in excess of 82 dBA as measured twelve inches from the source.
C. Motor Vehicle Noise. Motor vehicles noise limits on a public right-of-way are regulated as set forth in the California Motor Vehicle Code, primarily Sections 23130 and 23130.5. Vehicle equipment violations which create noise violations are covered under Sections 27150 and 27151 of the California Motor Vehicle Code. Any peace officer of any jurisdiction in California may enforce these provisions.
D. Noise Measurement Methods. Sound level, expressed in decibels (dB), shall be measured on a sound level meter using the A-Weighting Network (dBA). The sound level (noise level) for general exterior noise complaints shall be measured at a position or positions at any point on the receiver’s property or at any point on public property, as determined by the city.
If the noise complaint is related to exterior noise levels on the premises of an apartment, townhouse or condominium project, noise measurements shall be made at a distance of at least fifty feet from the noise source or made within the affected unit at a point at least four feet from the wall, ceiling or floor nearest the noise source.
If the noise source is on public property, noise measurements shall be made at any point on the receiver’s property or at a distance of fifty feet from the source, as determined by the city.
E. Prohibited Acts. No individual, persons, or business shall create, maintain, cause or allow to be created, caused or maintained any noise disturbance as listed below. The city may impose stricter standards on projects requiring city authorization as determined to be necessary to protect the public peace, health, safety, tranquility and general welfare of residential districts and the community as a whole.
1. Operating, playing or permitting the operation or playing of any radio, television set, phonograph, musical instrument or similar device which produces or reproduces in such a manner as to create a noise disturbance at any time to violate the provisions of Table 1, except for activities for which a permit has been issued by the city.
2. Owning, possessing or harboring any animal or bird which frequently or for long duration, makes sounds which create a noise disturbance across a residential or commercial property plane;
3. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects prior to seven-thirty a.m. or after eight p.m. on weekdays and before nine a.m. or after eight p.m. on weekends and holidays in a residential district or within one hundred yards of a residential district;
4. Permitting the operation of any tools, or equipment used in construction, repair, alteration, demolition or landscape maintenance prior to seven-thirty a.m. or after eight p.m. on weekdays and before nine a.m. or after eight p.m. on weekends and legal holidays, in a residential district or within one hundred yards of a residential district, or during other hours such that the noise level from a single or multiple sources exceeds one hundred dBA at the producer’s property plane unless prior city authorization is obtained, pursuant to Section 17.68.030(F)(7). In addition, the use of leaf blowers shall conform to Section 17.68.030(E)(7).
5. Any motor, machinery, pump, such as swimming pool or spa equipment, etc. or other equipment as determined by the city, which is insufficiently enclosed or muffled and maintained so as to create a noise disturbance in accordance with Table 1;
6. Vehicle horns or other devices primarily intended to create a loud noise for warning purposes used when the vehicle is at rest, unless a situation endangering life, health of property is eminent;
7. No person shall use or operate a leaf blower contrary to subsections (E)(7)(a) through (c) of this section. Leaf blowers are defined as portable equipment that is powered by a self-contained fuel engine and used in any landscape, maintenance, construction, property repair, or property maintenance for the purpose of blowing, dispersing or redistributing dust, dirt, leaves, grass, clippings, cuttings and trimmings from trees, shrubs or other debris.
a. No person shall use or operate a leaf blower in a residential zoning district or within one hundred yards of a residential zoning district before eight a.m. or after five p.m. Monday through Friday, nor prior to nine a.m. or after five p.m. on Saturdays or at any time on Sundays or at any time on the following holidays: New Years Day, Presidents’ Day, Memorial Day, 4th of July, Labor Day, Thanksgiving, Christmas.
b. Any person who uses or operates a leaf blower in a residential zoning district or in areas bordering a residential zoning district shall use a blower nozzle extension.
c. No material or matter blown by leaf blowers in any portion of the city shall be blown upon neighboring properties or onto any portion of the public right-of-way, including but not limited to sidewalks, streets, storm drains, or lagoon without being immediately removed.
F. Exemptions.
1. 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, i.e. police, fire and ambulance sirens;
2. Emergency utility or street repair work conducted by the city or a utility company serving the city;
3. Any activity to the extent regulation thereof has been preempted by state or federal law;
4. Motor vehicles operating in an authorized fashion in or on a public right-of-way;
5. Trash and refuse collection companies under contract with the city to provide trash collection services to city residents and businesses, unless their contract with the city states otherwise;
6. Special events or temporary uses for which prior city approval has been granted;
7. The operation of any tools or equipment used in construction, repair, alteration, demolition, or landscape maintenance between the hours of seven-thirty a.m. and eight p.m. on weekdays and between the hours of nine a.m. and eight p.m. on weekends and legal holidays in a residential district or within one hundred yards of a residential district is allowed, subject to the following: The noise level from a single or multiple source shall not exceed one hundred dBA at the producer’s property plane, unless prior authorization is obtained for such activities, by the director of planning and development services. Such approvals may require special mitigation measures as determined by the director of planning and development services.
G. Violations. Violations are subject to Sections 17.06.160 and 17.06.170 of Chapter 17.06 of Title 17 of the Foster City Municipal Code. (Ord. 451 § 1, 1998; Ord. 438 §§ A, B, 1997; Ord. 433 § 1 (part), 1996; Ord. 366 § 1, 1989: Ord. 334 § 1, 1987: Ord. 38 § 1 (part), 1972: prior code § 10-406.503)
17.68.040 Vibration.
No vibration shall be permitted so as to cause a noticeable tremor, measurable without instruments at the lot line. (Ord. 38 § 1 (part), 1972: prior code § 10-406.504)
17.68.050 Smoke.
No emission shall be permitted at any point from any chimney or otherwise of visible grey smoke of a shade equal to or darker than No. 2 on Power’s Micro-Ringlemann Chart published by the McGraw-Hill Publishing Co., Inc., and copyright 1954 (being a direct facsimile reduction of a standard Ringlemann Chart as issued by the United States Bureau of Mines), except that visible grey smoke of a shade equal to No. 3 on the chart may be emitted for four minutes in any thirty minutes. (Ord. 38 § 1 (part), 1972: prior code § 10-406.505)
17.68.060 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 lot line. 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 established as a guide in determining such quantities of offensive odors, Table III, “Odor Thresholds,” in Chapter 5 of the Air Pollution Abatement Manual, copyright 1951 by Manufacturing Chemists’ Association, Inc., Washington, D.C. (Ord. 38 § 1 (part), 1972: prior code § 10-406.506)
17.68.070 Air pollution.
No emission shall be permitted which can cause any damage to health, animals, vegetation or other forms of property, or which can cause any excessive soiling at any point. No emissions shall be permitted in excess of the standards specified in Table I, Chapter 5, “Industrial Hygiene Standards, Maximum Allowable Concentrations,” of the Air Pollution Abatement Manual, copyright 1951 by the Manufacturing Chemists’ Association, Inc., Washington, D.C. In no event shall any emission from any chimney, or otherwise, of any solid or liquid particles in concentrations, exceed three-tenths grain per cubic foot of the conveying gas at any point. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of five hundred degrees Fahrenheit and fifty percent excess air. (Ord. 38 § 1 (part), 1972: prior code § 10-406.507)
17.68.080 Glare.
No direct or reflected glare, whether produced by floodlight, high-temperature processes such as combustion or welding, or other processes, so as to be visible from any boundary line of property on which the same is produced, shall be permitted. Sky-reflected glare from buildings or portions thereof shall be so controlled by such reasonable means as are practical to the end that the sky-reflected glare will not inconvenience or annoy persons or interfere with the use and enjoyment of property in and about the area where it occurs. (Ord. 38 § 1 (part), 1972: prior code § 10-406.508)
17.68.090 Liquid or solid wastes.
No discharge at any point into any public sewer, private sewage disposal system or stream, or into the ground, 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 offensive elements shall be permitted, except in accord with standards approved by the California Department of Public Health or such other governmental agency as has jurisdiction of such activities. (Ord. 38 § 1 (part), 1972: prior code § 10-406.509)
17.68.100 Screening of utilities.
Unsightly uses shall be screened to the satisfaction of the community development director, including but not limited to trash or equipment storage areas, loading docks/areas and rooftop equipment including HVAC equipment, ground-mounted ventilating systems and exposed conduits or piping. (Ord. 515 § 2 Exh. A (part), 2005)
17.68.110 Screening of construction materials and equipment.
In all districts, the following restrictions shall apply to all types of construction or remodeling work, both interior and exterior:
A. In order to assure public safety and minimize the unattractive short-term aspects of construction in the neighborhood, screening shall be provided for any construction materials or equipment not contained within an existing fenced yard for longer than twenty-four hours (with the exception of those materials and/or quantities of materials found not to cause a public health, safety or welfare concern as determined by the community development director), consisting of a six-foot tall chain-link fence (no portion of which contains barbed wire) with a dark green (or other color approved by the community development director) vinyl or canvas liner placed on the exterior of the fence and shall be placed around any yard or any portion of a yard which the chief building official shall identify as requiring such.
B. All required fencing shall be in place prior to the commencement of any work on site, shall remain in place for such time as required by the chief building official and shall be removed prior to the issuance of an occupancy permit. The gate to the fence shall be locked at all times that the fenced area is left unattended by either the owner or resident, the contractor or subcontractors. All construction materials and equipment, including temporary or portable equipment, such as generators, storage containers or facilities, shall be stored within the interior of the fenced area when construction activities are not occurring.
C. Building materials, construction equipment and tools, or other items related to the construction or demolition work to be performed, shall be stored behind and below required fencing/screening unless special approval to place or store the materials or items is granted by the community development director.
D. If placed anywhere on site, portable toilets shall be placed within the interior of the temporarily fenced area at all times or as approved in advance of placement by the community development director. (Ord. 542 § 2 Exh. A(2), 2007)
17.68.120 Airport land use compatibility plan consistency.
This section establishes standards and requirements related to consistency with both the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Francisco International Airport (SFO ALUCP) and the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Carlos Airport (San Carlos ALUCP) established by the San Mateo County Airport Land Use Commission (ALUC). The following requirements and criteria shall be incorporated into all applicable projects:
A. Overflight Notification.
1. Airport Real Estate Disclosure Notices. All new development is required to comply with the real estate disclosure requirements of state law (California Business and Professions Code Section 11010(b)(13)). The following statement must be included in the notice of intention to offer the property for sale or lease:
Notice of Airport in Vicinity. This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.
2. New Residential Development. All new residential development projects, other than additions and accessory dwelling units (ADUs), within the Overflight Notification Zone 2 as determined by the San Carlos ALUCP shall incorporate a recorded overflight notification requirement as a condition of approval to provide a permanent form of overflight notification to all future property owners. A sample overflight notification is provided in the San Carlos ALUCP (Exhibit E-4) and this statement or similar shall be utilized for this purpose. Such notice shall be notarized and recorded by the county of San Mateo.
B. Airspace Protection Evaluation. Foster City lies within the airport influence area of both the SFO ALUCP and the San Carlos ALUCP. The ALUCPs identify airspace protection policies to protect the navigable airspace around the airport for the safe and efficient operation of aircraft in flight that are applicable to Foster City.
1. Notice of Proposed Construction or Alteration. Project applicants shall be required to file Form 7460-1, Notice of Proposed Construction or Alteration, with the Federal Aviation Administration (FAA) for any proposed new structure and/or alterations to existing structures (including ancillary antennas, mechanical equipment, and other appurtenances) that would exceed a height of two hundred feet above ground level, or exceed the FAA notification heights as depicted in San Carlos ALUCP Exhibit 4-4a. Any project that would exceed the FAA notification heights shall submit a copy of the findings of the FAA’s aeronautical study, or evidence demonstrating exemption from having to file FAA Form 7460-1, as part of the development permit application.
2. Maximum Compatible Building Height. Building heights, including related roof-mounted equipment, stair/elevator towers, antennas, exhaust stacks, and other appurtenances, shall not exceed the maximum height limits permissible under either FAA regulations or the critical aeronautical surfaces identified in SFO ALUCP Exhibit IV-18. For avoidance of doubt, the lower of the two heights identified by the ALUCP and the FAA shall be the controlling maximum height.
3. Other Flight Hazards. Within Airport Influence Area (AIA) B, certain land use characteristics are recognized as hazards to air navigation and need to be evaluated to ensure compatibility with FAA rules and regulations. These characteristics include the following:
a. Sources of glare, such as highly reflective buildings, building features, or blight lights including searchlights, or laser displays, which would interfere with the vision of pilots in command of an aircraft in flight.
b. Distracting lights that could be mistaken for airport identification lighting, runway edge lighting, runway end identification lighting, or runway approach lighting.
c. Sources of dust, smoke, water vapor, or steam that may impair the visibility of a pilot in command of an aircraft in flight.
d. Sources of electrical/electronic interference with aircraft communications/navigation equipment.
e. Any use that creates an increased attraction for wildlife, particularly large flocks of birds, that is inconsistent with FAA rules and regulations, including but not limited to FAA Order 5200.5A, Waste Disposal Site on or Near Airports and FAA Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants on or Near Airports and any successor or replacement orders or advisory circulars. (Ord. 677 § 3 (Exh. E), 2024)