Chapter 14.09.240
Performance Standards
Sections:
14.09.240.030 General Requirements.
14.09.240.040 Measurement of Impacts.
14.09.240.050 Air Contaminants.
14.09.240.060 Electromagnetic Interference.
14.09.240.070 Fire and Explosion Hazards.
14.09.240.080 Hazardous Materials.
14.09.240.090 Heat and Humidity.
14.09.240.100 Hours of Operation.
14.09.240.110 Light and Glare.
14.09.240.120 Liquid or Solid Waste.
14.09.240.150 Security Measures.
14.09.240.010 Purpose.
The purposes of this chapter are to:
A. Establish permissible limits and permit objective measurement of nuisances, hazards, and objectionable conditions;
B. Ensure that all uses will provide necessary control measures to protect the community from nuisances, hazards, and objectionable conditions; and
C. Protect industry from arbitrary exclusion from areas of the City.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.240.020 Applicability.
The standards of this chapter shall apply to all uses and properties existing in the City at the time of adoption of this title. The standards established by this chapter are minimum requirements and shall not be construed to prevent the City Council, the Planning Commission, or the Director of Community Development from imposing, as part of a project approval, specific conditions which may be more restrictive, in order to meet the intent of these regulations.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.240.030 General Requirements.
Land or buildings shall be used or occupied in a manner that does not create any dangerous, injurious, or noxious fire, explosive, or other hazard that would adversely affect the surrounding area.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.240.040 Measurement of Impacts.
Measurements necessary for determining compliance with the performance standards of this chapter shall be taken at the property line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.240.050 Air Contaminants.
Uses, activities, and processes shall not operate in a manner that emits excessive dust, fumes, gases, or other particulate matter, unless authorized under federal, state, or local law. Sources of air emissions shall comply with regulations established by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, the Yolo-Solano Air Quality Management Control District, and the Vacaville Fire Department.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.240.060 Electromagnetic Interference.
Uses, activities, and processes shall operate in a manner that does not cause electromagnetic interference with normal radio and television reception, or with the function of other electronic equipment beyond the boundaries of the subject site. Uses, activities, and processes shall comply with applicable Federal Communications Commission regulations.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.240.070 Fire and Explosion Hazards.
Uses, activities, and processes shall operate in a manner that does not create fire and explosion hazards and shall be enforced by the provisions of Chapter 8.10 of this code, Abatement of Public Nuisance. Fire alarms and fire suppression equipment and devices standard in industry shall be subject to approval by the Fire Department and shall comply with the California Fire Code (CFC) and National Fire Protection Association Standards (NFPA).
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.240.080 Hazardous Materials.
Uses, activities, and processes involving the handling, use, transport, or storage of hazardous materials shall comply with the regulations of Title 8, Health and Safety, and Title 15, Building, Construction and Fire Code, as well as the regulations established by the Solano County Department of Environmental Health and the California Department of Health Services.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.240.090 Heat and Humidity.
Uses, activities, and processes shall not produce any emissions of heat or humidity that cause distress, physical discomfort, or injury to a reasonable person of normal sensitivity, or interfere with the ability to perform work tasks or conduct other customary activities off site or to an adjacent use on the same site.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.240.100 Hours of Operation.
Hours of operation for all uses, activities, and processes may be regulated as determined by the decision maker, through the conditions of project approval, in order to mitigate impacts on surrounding uses and ensure compliance with the provisions of this title.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.240.110 Light and Glare.
All exterior lighting shall comply with the provisions of the appropriate zone’s supplemental standards section and shall be enforced through Division 14.25, Enforcement Procedures.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.240.120 Liquid or Solid Waste.
The handling of liquid or solid wastes shall comply with Chapter 13.08 of this code, Sewers, and applicable regulations established by the state Water Resources Control Board and any other public agency.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.240.130 Odors.
No use or activity shall be permitted which emits odorous gases or fumes beyond the boundaries of the subject site in such quantities as to be dangerous, injurious, or noxious, or otherwise objectionable to a reasonable person of normal sensitivity in order to minimize impacts to adjacent uses. Odors shall be enforced by the provisions of Chapter 8.10 of this code, Abatement of Public Nuisance.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.240.140 Noise.
These standards implement the Noise Element of the General Plan. Noise, including construction, repair work, and grading, shall be enforced by the provisions of Chapter 8.10 of this code, Abatement of Public Nuisance.
A. Projected Noise Environment.
1. Ground Transportation. Future noise exposure contours for the City from ground transportation noise sources are shown in Figure 14.09.240.A, Vacaville Noise Contours. The DNL also considers people’s increased sensitivity to noise at night. The mapped contours do not show the effect of existing sound walls, intervening buildings, or topography in contributing to the reduction of sound levels, nor the possible contribution of fixed-point, nontransportation noise sources that increase noise levels in areas throughout the community. Figure 14.09.240.A provides a generalized indication of anticipated noise exposures that may be made more precise through site specific analysis.
FIGURE 14.09.240.A: VACAVILLE NOISE CONTOURS
2. Airport Operations. Future noise exposure contours from aircraft operations at Nut Tree Airport and Travis Air Force Base are shown in Figure 14.09.240.B, Airport Contours. These contours are expressed in community noise equivalent levels (CNEL). Figure 14.09.240.B provides a generalized indication of anticipated noise exposures that may be made more precise through site specific analysis.
FIGURE 14.09.240.B: AIRPORT NOISE CONTOURS
B. Land Use Determination Standards. These standards are applicable to land use determinations approved through a General Plan amendment or a zone change. A site-specific acoustical analysis may be considered in lieu of the standards below if the Director of Community Development determines that such an analysis would more adequately describe the projected noise.
1. Ground Transportation Related Standards. Noise exposure from these sources is measured as DNL. Figure 14.09-240.B shall be used as the basis for determining compliance with this section. All land use determinations involving General Plan amendments and zone changes shall be consistent with the standards established in Table 14.09.240.A, Land Use Determination Standards for Ground Transportation Noise Sources.
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Land Use Category |
Noise Contours |
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40 |
45 |
50 |
55 |
60 |
65 |
70 |
75 |
80 |
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Residential |
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Transient Lodging |
40 |
45 |
50 |
55 |
60 |
65 |
70 |
75 |
80 |
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Motels, Hotels |
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40 |
45 |
50 |
55 |
60 |
65 |
70 |
75 |
80 |
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Hospitals, Nursing Homes |
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40 |
45 |
50 |
55 |
60 |
65 |
70 |
75 |
80 |
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Other Uses |
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Normally Acceptable – with typical conditions of approval (setbacks, walls, fences and standard building practices). |
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Conditionally Acceptable – subject to future noise study to demonstrate noise can be reduced to normally acceptable levels with acceptable mitigation. |
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Normally Unacceptable – regardless of measures implemented to reduce noise. |
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2. Airport Related Standards. Noise exposure from these sources are measured in CNEL. Figure 14.09.240.B shall be used as the basis for determining compliance with this section. All land use determinations involving General Plan amendments and zone changes shall be consistent with the standards established in Table 14.09.240.B, Airport/Land Use Noise Compatibility Criteria.
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Land Use Category |
CNEL, dBA |
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50 |
55 |
60 |
65 |
70 |
75 |
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Residential |
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Schools, Libraries, Hospitals, Nursing Homes |
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Churches, Auditoriums, Concert Halls |
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Transportation, Parking, Cemeteries |
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Offices, Retail Trade |
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Service Commercial, Wholesale Trade, Warehousing, Light Industrial |
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Extractive Industrial, General Manufacturing, Utilities |
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Cropland |
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Livestock Breeding |
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Playgrounds, Parks, Zoos |
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Golf Courses, Riding Stables, Water Recreation |
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Outdoor Spectator Sports |
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Amphitheaters |
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CLEARLY ACCEPTABLE |
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NORMALLY UNACCEPTABLE |
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The activities associated with the specified land use can be carried out with essentially no interference from the noise exposure. |
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Noise will create substantial interference with both outdoor and indoor activities. Noise intrusion upon indoor activities can be mitigated by requiring special noise insulation construction. Land uses which have conventionally constructed structures and/or involve outdoor activities which would be disrupted by noise should generally be avoided. |
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NORMALLY ACCEPTABLE |
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CLEARLY UNACCEPTABLE |
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Noise is a factor to be considered in that slight interference with outdoor activities may occur. Conventional construction methods will eliminate most noise intrusions upon indoor activities. |
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Unacceptable noise intrusion upon land use activities will occur. Adequate structural noise insulation is not practical under most circumstances. The indicated land use should be avoided unless strong overriding factors prevail and it should be prohibited if outdoor activities are involved. |
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MARGINALLY ACCEPTABLE |
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The indicated noise exposure will cause moderate interference with outdoor activities and with indoor activities when windows are open. The land use is acceptable on the conditions that outdoor activities are minimal and construction features which provide sufficient noise attenuation are used (e.g., installation of air conditioning so that windows can be kept closed). Under other circumstances, the land use should be discouraged. |
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Source: Solano Co. Airport Land Use Commission, Airport Land Use Compatibility Plan, May 1988 Appendix B |
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C. Project Approval and Operational Standards. These standards apply to all land uses subject to approval through this division, Zoning, and Division 14.11, Subdivisions, and are applicable to both transportation and nontransportation noise sources. Compliance with these standards shall be required in conjunction with all land development and subdivision approvals.
1. Compliance With Noise Standards. Compliance with the noise standards shall be measured on the property line of the affected location of the land use, as determined by the Director of Community Development. For single-family residential uses, the exterior affected location typically is the backyard.
a. For single-unit dwellings, attached, multi-unit dwellings, hospitals and clinics, and residential care facilities, the exterior noise standards shall apply to courtyards, patios, private yard areas, and common activity areas;
b. Lodging uses do not have specific exterior noise standards. However, areas designed for outdoor recreation at transient lodging, motels, or hotels shall be located in such a manner so that noise impacts are practically minimized.
2. Acoustical Study Required. Acoustical studies, prepared in a format consistent with the criteria established in the Noise Element of the General Plan, shall be required and submitted as a part of an application for a development project. The acoustical study shall demonstrate compliance with the noise standards and ensure that sensitive land uses, as receptors of noise, will not be exposed to noise levels in excess of the standards established for both transportation and nontransportation noise sources. The acoustical study shall identify mitigation measures that would result in compliance with such standards.
a. When a proposed sensitive land use would potentially be exposed to levels of noise which would exceed the standards shown in Tables 14.09.240.C and 14.09.240.D.
b. When a proposed use would potentially generate levels of noise which would exceed the standards shown in Tables 14.09.240.C and 14.09.240.D.
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Land Use Category |
Noise Standard (DNL) |
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Interior |
Exterior |
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Residential |
45 |
60 |
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Transient Lodging: Motels, Hotels |
45 |
– |
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Hospitals, Nursing Homes |
45 |
60 |
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Other Uses |
– |
– |
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Exterior Noise Levels |
Interior Noise Levels |
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Land Use Category |
Noise Level Descriptor |
Daytime (7 a.m. to 10 p.m.) |
Nighttime (10 p.m. to 7 a.m.) |
Daytime (7 a.m. to 10 p.m.) |
Nighttime (10 p.m. to 7 a.m.) |
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Residential |
Hourly Leq, dBA |
50 |
45 |
45 |
35 |
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Maximum Level, dBA |
70 |
65 |
– |
– |
– |
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Transient Lodging |
Hourly Leq, dBA |
– |
– |
45 |
35 |
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Hospitals, Nursing Homes |
Hourly Leq, dBA |
50 |
45 |
45 |
35 |
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Other |
Hourly Leq, dBA |
– |
– |
– |
– |
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Maximum Level, dBA |
– |
– |
– |
– |
Each of the noise levels specified above shall be lowered by five dB for simple tone noises, noises consisting primarily of speech or music, or for recurring impulsive noises.
3. Transportation Sources. The standard of noise measurement for transportation noise is the DNL. All new uses shall comply with the standards established in Table 14.09.240.C, except that the decision maker may approve an exception to the standards contained in Table 14.09.240.D for unique situations where the requirement of strict compliance with the standard is not practical or feasible. In such situations, the decision maker shall find that the projected noise levels have been mitigated to the maximum extent practical.
4. Nontransportation Sources. Two standards apply to nontransportation noise sources: the hourly Leq, dBA, which is an hourly average sound level, and the maximum level, dBA. Table 14.09.240.D shows the maximum hourly average and the peak daytime and nighttime noise standards for nontransportation sources when located near sensitive land uses. All uses shall comply with these standards. The noise standards for nontransportation sources shall not apply in the following situations:
a. To new uses if the ambient noise levels exceed the hourly Leq or the maximum level of the proposed noise generator, unless the additional noise generated would increase the projected, combined noise levels a minimum of three decibels;
b. To public parks or public playgrounds upon a finding by the decision maker that the location of the facilities within the park or playground reasonably limits the noise impacts upon other land uses;
c. For nuisance abatement related to residential generated noise sources including, but not limited to, children playing, lawn mowers, barking dogs, and musical equipment;
d. To residential caretaker units established in conjunction with nonresidential uses;
e. To construction activity related to public improvement projects where the Director of Community Development has determined that full compliance with these standards cannot practically be achieved.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.240.150 Security Measures.
Facilities shall be designed and uses, activities, and processes shall be operated in such a manner as to provide for the security and safety of customers, employees, and residents, and to minimize demand for City police and fire services, as determined by the decision maker.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.240.160 Vibration.
No use, activity, or process shall cause vibration to be apparent to a reasonable person of normal sensitivity beyond the boundaries of the subject site, or to an adjacent use on the subject site. The ground vibration caused by moving vehicles or temporary construction activities is exempted from this prohibition.
(Ord. 1972, Repealed and Replaced, 02/22/2022)