Chapter 17.60
PERFORMANCE STANDARDS
Sections:
17.60.040 Odor, Particulate Matter, And Air Containment Standards
17.60.060 Radioactivity, Electrical Disturbance Or Electromagnetic Interference
17.60.010 Purpose And Intent:
The performance standards established in this chapter are intended to ensure that uses and activities shall occur in a manner to protect the public health and safety and which does not produce adverse impacts on surrounding properties or the community at large. The standards contained in this section apply to all zoning districts. If necessary, the city will retain a professional expert or designated regulatory agency to assist in assessing possible impacts, and the applicant or business owner will pay any cost incurred. (Ord. 473 §3, 2007)
17.60.020 Hazardous Materials:
The following standards are intended to ensure that the use, handling, storage and transportation of hazardous materials comply with all applicable state laws1 and that appropriate information is reported to the fire department as the regulatory authority.
A. Reporting Requirements: All businesses required by state law2 to prepare hazardous materials release response plans and hazardous materials inventory statements shall, upon request, submit copies of these plans, including any revisions, to the fire department.
B. Underground Storage: Underground storage of hazardous materials shall comply with all applicable requirements of state law. Businesses that use underground storage tanks shall comply with the following procedures:
1. Notify the fire department of any unauthorized release of hazardous materials prescribed by city, county, state and federal regulations;
2. Notify the fire department and the Monterey County health department of any proposed abandoning, closing or ceasing operation of an underground storage tank and actions to be taken to dispose of any hazardous materials; and
3. Submit copies of the closure plan to the fire department.
C. Aboveground Storage: Aboveground storage tanks for hazardous materials and flammable and combustible materials may be allowed subject to the approval of the fire department.
D. New Development: Structures adjacent to a commercial supply bulk transfer delivery system with at least six inch (6") pipes shall be designed to accommodate a setback of at least one hundred feet (100') from that delivery system. The setback may be reduced if the planning director, with recommendation from the fire department, can make one or more of the following findings:
1. The structure would be protected from the radiant heat of an explosion by berming or other physical barriers;
2. A one hundred foot (100') setback would be impractical or unnecessary because of existing topography, streets, parcel lines or easements; or
3. A secondary containment system for petroleum pipelines and transition points shall be constructed. The design of the system shall be subject to the approval of the fire department.
E. Notification Required: A subdivider of a development within five hundred feet (500') of a hazardous material shall notify a new/potential owner before the time of purchase and the close of escrow of the location, size and type of hazard. (Ord. 473 §3, 2007)
17.60.030 Noise Standards.
A. Purpose: The purpose of this section is to:
1. Establish standards to provide a high quality of life for all residents by ensuring a safe community, free from manmade and natural hazards;
2. Implement goals and policies of the general noise element;
3. Provide community noise control regulation and standards which are consistent with or exceed the guidelines of the State Office of Noise Control and the standards adopted by the Federal Highway Administration (FHWA), California Department of Transportation (CalTrans) or other government or regulatory agencies.
B. Declaration of 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, disturbing, 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.
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" means 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" means 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") means 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 (seven o’clock (7:00) P.M. to ten o’clock (10:00) P.M.) and nighttime (ten o’clock (10:00) P.M. to seven o’clock (7:00) A.M.) periods, respectively, to allow for the greater sensitivity to noise during these hours.
4. "dB" ("decibel") means a unit used to express the relative intensity of a sound as it is heard by the human ear.
5. "dBA" means the A-weighted scale for measuring sound in decibels; indicates the relative intensity of a sound as it is heard by the human ear. Every increase of ten (10) dBA doubles the perceived loudness although the noise is only ten (10) dBA units higher.
6. "Emergency alarm, machinery, or vehicle" means any alarms, 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" means work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
8. "Exterior noise" means the noise level when measured at any point on the property line of the noise source.
9. "Impulsive noise" means a sound of short duration, usually less than one second and of high intensity, with an abrupt onset and rapid decay.
10. "Interior noise" means the noise level when measured inside an adjacent receiving dwelling unit or other building.
11. "Intrusive noise" means the alleged offensive noise that intrudes over and above the existing ambient noise at the receiving property.
12. "Ldn" ("day-night average sound level") means 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.
13. "Leq" means 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).
14. "Noise disturbance" means an alleged noise that violates an applicable noise standard of this section, elsewhere in the Municipal Code, or the general plan.
15. "Noise level" ("LN") means 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.
16. "Sound level meter" means 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 Zones Designated: Receptor properties described in this chapter shall be assigned to the following noise zones:
1. Noise Zone I-–noise-sensitive area;
2. Noise Zone II-–residential properties;
3. Noise Zone III-–commercial properties; and
4. Noise Zone IV-–industrial properties.
E. Interior Noise Standards: The interior noise standard identified in Table 17.60-1a, unless otherwise specifically indicated, shall apply within all such dwellings and other buildings within a designated noise zone.
|
Noise Zone |
Type of Land Use |
Allowable Interior Noise Level (15-Minute Leq) |
|
|---|---|---|---|
|
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. It shall be unlawful for any person to create any noise, or to allow the creation of any noise, within a dwelling unit or other building, which causes the noise level, when measured inside an adjacent receiving dwelling unit or other building, to exceed the following standards:
a. The noise standard for the applicable zone for any period of more than five (5) minutes; or
b. A noise level that exceeds the noise standard for the applicable zone by ten (10) dBA for any period of time.
2. If the measured ambient noise level exceeds the noise level standard in the applicable noise zone, the ambient noise level shall be the standard.
F. Exterior Noise Standards: The exterior noise standards identified in Table 17.60-1b, unless otherwise specifically provided, shall apply to all receptor properties within a designated noise zone.
|
Noise Zone |
Type of Land Use |
Allowable Exterior Noise Level (15-Minute Leq) |
|
|---|---|---|---|
|
7 A.M. to 10 P.M. |
10 P.M. to 7 A.M. |
||
|
I |
Single-, two- or multi-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 |
1. 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 city:
a. The noise standard for the applicable zone for any fifteen (15) minute period;
b. A maximum impulsive noise level that exceeds the value of the applicable noise standard by twenty (20) dBA for any period of time based on a measurement using A-weighted slow response. Impulsive noise which repeats four (4) or more times in any hour between ten o’clock (10:00) P.M. and seven o’clock (7:00) A.M. shall be treated as continuous sound and shall be measured against the noise standard for the applicable zone.
2. If the measured ambient noise level exceeds the noise level standard in the applicable noise zone, the ambient noise level shall be the standard.
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 planning and development services director ("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 chapter.
G. Noise Measurement Criteria: 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 for exterior and interior noise as follows:
a. Exterior Noise: The microphone shall be 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.
b. Interior Noise: The microphone shall be located within the affected residential or other unit at a point at least four feet (4') from the wall, ceiling or floor nearest the noise source, with windows opened or closed as normal and appropriate with the season.
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.
H. Exempt Activities: The following are not subject to the noise limitations 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. This exemption does not include permanently installed emergency generators.
2. Warning Device: Warning devices necessary for the protection of public safety (e.g., police, fire and ambulance sirens, properly operating home and car burglar alarms and train horns).
3. Railroad Activities: The operation of locomotives, rail cars, and facilities by a railroad that is regulated by the State Public Utilities Commission.
4. State or Federal Preempted Activities: Any activity, to the extent the regulation of it has been preempted by state or federal law.
5. Pre-Existing Uses: Uses existing at the time of the effective date of the ordinance codified in this chapter, 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 section 9.28.030.
6. Public Health and Safety Activities: All transportation, flood control, and utility company maintenance and construction operation at any time on public rights-of-way, and those situations that may occur on private property deemed necessary to serve the best interest 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; repairing traffic signals; repair of water hydrants and mains, gas lines, oil lines, and sewers; restoring electrical service; repair and maintenance of flood control and storm water facilities; street sweeping; unplugging sewers; cleaning or vacuuming catch basins; repair and maintenance of streets and sidewalks. The regular testing of motorized equipment and pumps shall not be exempt.
7. Solid Waste Collection: Noise sources associated with the authorized collection of solid waste (e.g., refuse and garbage).
8. Maintenance of Residential Real Property: Noise sources associated with the minor maintenance of residential real property provided the activities take place between the hours of seven o’clock (7:00) A.M. and ten o’clock (10:00) P.M.
9. 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.
10. 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.
I. Prohibited Activities: The following acts shall be a violation of this section:
1. Public Nuisance Noise: Public nuisance noises as defined in section 9.28.030 shall be a violation of this section.
2. Construction Noise: Construction activities shall be subject to the provisions of subsection 9.28.030D. 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. Loading and Unloading Activities: Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects on private property between the hours of ten o’clock (10:00) P.M. and seven o’clock (7:00) A.M. in a manner to cause a noise disturbance.
4. Sweepers and Associated Equipment: Operating or allowing the operation of sweepers or associated sweeping equipment (e.g., blowers) on private property between the hours of ten o’clock (10:00) P.M. and seven o’clock (7:00) A.M. the following day in, or adjacent to, a residential zoning district.
5. Places of Public Entertainment: Operating or allowing to be operated any loudspeaker, musical instrument, or other source of sound in any place of public entertainment that exceeds ninety-five (95) dBA at any point 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."
6. Stationary Nonemergency Signaling Devices: Sounding or allowing the sounding of an electronically amplified signal from a stationary bell, chime, siren, whistle, or similar devices intended for nonemergency purposes, from a private property for more than ten (10) consecutive seconds in any hourly period.
7. 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.
J. Responsibility to Eliminate or Reduce Acts Deemed Violations of Section: Where a violation of the noise standards set forth in this section results from a conflict between new and existing land uses, the person implementing the new use shall be responsible for curing the violation and providing improvements necessary to eliminate or reduce the negative sound impacts. (Ord. 548-1 §2(Exh. B), 2020; Ord. 473 §3, 2007).
17.60.040 Odor, Particulate Matter And Air Containment Standards:
A. Sources of odorous emissions, particulate matter and air containment standards shall comply with the rules and regulations of the Monterey metropolitan air quality management district and the state Health and Safety Code.
B. Noxious odorous emissions in a matter or quantity that is detrimental to or endangers the public health, safety, comfort, or welfare is declared to be a public nuisance and unlawful, and shall be modified to prevent further emissions release, except for industrial operations in compliance with) this title.
C. No dust or particulate matter shall be emitted that is detectable by a reasonable person without instruments.
D. Exhaust air ducts shall be located or directed away from abutting residentially zoned properties. (Ord. 473 §3, 2007)
17.60.050 Vibration:
Uses that generate vibrations that may be considered a nuisance or hazard on any adjacent property shall be cushioned or isolated to prevent generation of vibrations. Uses shall be operated in compliance with the following provisions:
A. 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;
B. Uses, activities, and processes shall not generate vibrations that cause discomfort or annoyance to reasonable persons of normal sensitivity or which endangers the comfort, repose, health or peace of residents whose property abuts the property line of the parcel;
C. Uses shall not generate ground vibration that interferes with the operations of equipment and facilities of adjoining parcels; and
D. Vibrations from temporary construction/demolition and vehicles that leave the subject parcel (e.g., trucks, trains, and aircraft) are exempt from the provisions of this section. (Ord. 473 §3, 2007)
17.60.060 Radioactivity, Electrical Disturbance Or Electromagnetic Interference:
None of the following shall be emitted:
A. Radioactivity, in a manner that does not comply with all applicable state and federal regulations; or
B. Electrical disturbance or electromagnetic interference that interferes with normal radio or television reception, or with the function of other electronic equipment beyond the property line of the site; or that does not comply with all applicable federal communications commission (FCC) and other applicable state and federal regulations. (Ord. 473 §3, 2007)
See, e.g., Gov.C. §65850.2, Health & S.C. §25500 et seq.
Health & S.C. div. 20, ch. 6.95.