A.

Performance standards are designed to minimize and mitigate the environmental impacts of existing and proposed land uses within a community. Environmental impacts include noise, air quality, glare, heat, waste disposal, and runoff control. Performance standards protect the health and safety of workers, nearby residents, and businesses, and prevent damaging effects to surrounding properties.

B.

The performance standards contained in this chapter shall apply to all land uses, including permanent and temporary uses.

(Ord. 68 § 9.90.010, 1995)

A.

Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. For terms not defined below, the American National Standards Institute (ANSI) standards shall be used.

"A-weighted sound level" means the sound level in decibels, reported as calculated or measured by a sound level meter using the A-weighting network, which de-emphasizes the very low and very high frequency components of the sound in order to approximate the auditory sensitivity of the human ear. The unit of measure is the "A-weighted decibel" and is indicated by the notation dBA.

"Ambient noise level" means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding an alleged offensive noise. Ambient measurements must be measured in accordance with the methodology outlined in sections C.1 and C.4 below.

"Cumulative period" means an additive period of time composed of individual time segments which may be continuous or interrupted.

"Decibel (dB)" means a unit used to express the level of a sound. An "A weighted decibel" (dBA) means a unit used to express the A-weighted sound level.

"Equivalent sound or noise level (Leq)" means the sound level corresponding to a steady state noise level over a given sample period with the same amount of acoustic energy as the actual time varying noise level or the energy-average of the noise level during the sample period. Leq can be measured or calculated for any period of time.

"Emergency machinery, vehicle, or work" means any machinery, vehicle, or work used, employed, or performed in an effort to protect, provide, or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service.

"Fixed noise source" means a stationary device which creates sounds while fixed or motionless, including, but not limited to, residential, agricultural, industrial, and commercial machinery and equipment, pumps, fans, compressors, air conditioners, generators, and refrigeration equipment.

"Hertz (Hz)" means the unit used to identify a specific frequency or octave band in a sound.

"Impact noise" means noise produced by the collision of one (1) mass in motion with a second mass which may be either in motion or at rest.

"Impulsive noise" or "impulsive sound" means a noise of short duration, usually less than one (1) second, and of high intensity, with an abrupt onset and rapid decay. Such noises may also be repetitive.

"Intruding noise level" means the total sound level, in decibels, created, caused, maintained, or originating from an alleged offensive source at a specified location while the alleged offensive source is in operation.

"Maintenance" means the upkeep, repair, or preservation of existing property or structures.

"Mobile noise source" means any noise source other than a fixed noise source.

"Noise" means any unwanted sound or sound that is undesirable because it interferes with speech and hearing, is intense enough to damage hearing, or is otherwise disturbing or disruptive.

"Noise/sound level" means the A-weighted sound pressure level in decibels obtained by using a sound level meter in accordance with the methodologies outlined in section C.1. The unit of measurement shall be designated as dBA.

"Plainly audible" means any sound that can be detected by a person using his or her unaided hearing faculties.

"Root mean square (RMS) velocity" is used to describe the magnitude of a vibration signal felt by the human body. It is the square root of the arithmetic average of the squared amplitude of the signal, typically calculated over a one-second period, described in inches per second (in/sec).

"Tone (tonal noise)" means a noise characterized by a predominant frequency or frequencies. If measured, a tone (tonal noise) shall exist if the one-third (⅓) octave band (as defined in ANSI S1.6) sound pressure levels in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous one-third (⅓) octave bands as follows: by five (5) dB for frequencies of five hundred (500) hertz (Hz) and above or by fifteen (15) dB for frequencies less than or equal to one hundred twenty-five (125) Hz.

"Sound amplifying equipment" means and includes any machine or device for the amplification of the human voice, music, or any other sound or by which the human voice, music, or any other sound is amplified. Sound amplifying equipment shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.

"Sound level meter" means an instrument meeting American National Standard Institute's ("ANSI") Standard S1.4 for Type 1 or Type 2 sound level meters or an instrument and the associated measurement and analyzing equipment which will provide equivalent data. Cell phones do not typically meet this standard. Field sound calibrators must meet the requirements for Type 1 (Class 1) or Type 2 (Class 2) as defined in the standards ANSI S1.40 or IEC 60942. Both sound level meters and field sound calibrators must have laboratory calibration performed at a National Voluntary Laboratory Accreditation Program (NVLAP) accredited lab at a minimum of once every two (2) years. Laboratory calibration must be current during the time of measurements.

"Vibration" means any movement of an elastic material created by an impact or oscillating motion of mechanical equipment about a fixed point.

B.

Exemptions.

1.

Exempt Events. The following activities shall be exempt from the provisions of this chapter:

a.

Occasional outdoor gatherings, public dances, shows, sporting and entertainment events, provided such events are conducted pursuant to a special event permit or other permit or license issued by the City relative to the staging of such events.

b.

Public school-sponsored activities on property owned by the school or public school district, such as band, athletic, and entertainment events.

c.

Typical activities conducted on any park or playground, provided such park or playground is owned and operated by a public entity.

2.

Temporary noise created by emergency machinery, vehicles, or work.

3.

Warning devices necessary for the protection of public safety (e.g., police, fire, and ambulance sirens).

4.

Construction and maintenance-related noise when conducted in accordance with Section 8.08.020.

5.

Preempted Activities. Any activity to the extent regulation thereof has been preempted by state or federal law.

6.

Animal Noise. Noise created by animals is subject the provisions of Municipal Code Section 6.04.040.

C.

Noise Level Measurements.

1.

General Measurement Methods. To evaluate noise complaints within the City, the noise level shall be measured at positions on the receiving property utilizing the A-weighting scale of the sound level meter and the slow meter response. The fast or impulse response should be used for impulsive sounds. The sound level meter shall be field calibrated prior to measurements per equipment manufacturer's recommendations. The reference sound pressure level shall be twenty (20) micropascals. The sound level meter shall conform to the specifications as described in the definitions.

Depending on whether the noise being measured is intermittent or constant, the measurement should range from a minimum of thirty (30) seconds to sixty (60) minutes.

2.

Exterior Noise Level Measurements. The location selected for measuring exterior noise levels in a residential area must be at any location within a private yard, patio, deck, or balcony normally used for human activity and identified by the owner or the occupant of the affected property as suspected of exceeding the noise level standard. This location may be the closest point to the noise source within one (1) or more of the aforementioned areas.

The location selected for measuring exterior noise levels in a nonresidential area shall be at any point on the receiving property that is normally used for human activity.

For all exterior noise level measurements, the microphone shall be located five (5) feet above the ground or finished floor in the case of upper-level floors, decks, or balconies. Where possible, the measurement location shall also be ten (10) feet or more from the nearest wall.

3.

Interior Noise Level Measurements. Interior noise level measurements shall be made at a point at least four (4) feet from the wall, ceiling, or floor nearest the noise source. If room dimensions cause the distance to the closest wall to be less than four (4) feet, then every practical effort shall be made to conduct the measurement as far from the walls as possible. In cases where building ventilation is achieved through mechanical systems that allow windows to remain closed, the sound limits must be met with closed windows. In other cases, the levels may be measured with windows open.

Whenever possible, the measurements shall be made with and without the offending noise source(s) operating. Doors to other interior spaces shall be in the closed position.

4.

Ambient Noise Level Measurements. Ambient measurements shall be made at the same locations as other measurements and should be taken immediately before or after the offending noise is measured. Ambient noise levels shall include all noise in the area but exclude the offending noise of concern, if possible.

D.

Vibration. Notwithstanding other sections of this chapter, it shall be unlawful for any person to create, maintain, or cause any ground vibration which is perceptible without instruments at any point on any affected property adjoining the property on which the vibration source is located, if known, unless a temporary permit for the activity creating the vibration is issued by the City. For the purpose of this section, the perception threshold shall be presumed to be more than 0.05 inch per second RMS vertical velocity.

E.

Exterior Sound Level Limits.

Table 16.48-1: Exterior Noise Standards for Receiving Land Uses

Table Notes:

1)

The city's noise element includes a noise compatibility matrix with community noise equivalent level (CNEL) and is intended to apply to long term ambient noise levels that are produced by sources such as traffic and evaluated over twenty-four (24) hours. Table 1 includes noise standards levels in terms of Leq. These levels are applicable to sounds that have shorter durations than twenty-four (24) hours.

2)

If the ambient noise level exceeds the maximum permitted sound level indicated in the table, the applicable maximum permitted sound level pressure shall be three (3) dB above the ambient noise level.

3)

Measurements for compliance are made on the affected property pursuant to the details in section C. noise level measurements, 2. exterior noise level measurements.

1.

It is unlawful for any person at any location within the incorporated area of the City 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 other receiving property, to exceed the following:

a.

The noise standard in the above table for a cumulative period of more than thirty (30) minutes in any hour; or

b.

The noise standard in the above table plus five (5) dBA for a cumulative period of more than fifteen (15) minutes in any hour; or

c.

The noise standard in the above table plus ten (10) dBA for a cumulative period of more than five (5) minutes in any hour; or

d.

The noise standard in the above table plus fifteen (15) dBA for a cumulative period of more than one (1) minute in any hour; or

e.

The noise standard in the above table plus twenty (20) dBA for any period of time.

Each of the maximum permitted sound levels specified above shall be reduced by five (5) dBA for impulsive noises, tonal noises, and noises consisting of speech or music.

F.

Residential Interior Sound Level Limits.

1.

Limits from Adjacent Properties. In order to prevent sleep disturbance, protect public health and prevent the acoustical environment from progressive deterioration, no noise source, including, but not limited to, fixed noise sources or sound amplifying equipment, may cause the noise level measured inside any sleeping or living room in any dwelling unit located on residential property to exceed forty-five (45) dBA between the hours of 10:00 p.m. to 7:00 a.m. or fifty-five (55) dBA between the hours of 7:00 a.m. to 10:00 p.m.

2.

Multifamily Limit from Adjacent Units. Within multi-unit residential properties, no person shall produce or allow to be produced by any device a noise that results in a perceptible increase in sound level (an increase of at least three (3) dBA) above the local ambient sound level in another unit on the same multi-family property between the hours of 10:00 p.m. and 7:00 a.m. The sound level in the receiving unit shall be measured with the windows and doors of the dwelling unit closed. The windows and doors of the dwelling unit in which the noise source or sources may be located shall be open during the sound level measurement, if possible.

3.

Measurements for compliance are made on the affected property pursuant to the details in section C. noise level measurements, 3. interior noise level measurements.

G.

Notwithstanding the foregoing, any of the following constitutes prima facie evidence of a violation of this section:

1.

The operation of any sound production or reproduction device, radio receiving set, musical instrument, drum, phonograph, television set, loudspeaker and sound amplifier or similar machine or device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible within any residential zoning district or within the residential portion of a mixed use zoning district and at a distance of twenty-five (25) feet from the building, property, or vehicle from which the offending noise is originating.

2.

The operation of any sound amplifier, at any time of day or night, which is part of, or connected to, any radio, stereo, receiver, compact disc player, cassette tape player or other similar device, when operated in such a manner as to be plainly audible within any residential zoning district or within the residential portion of a mixed use zoning district and at a distance of twenty-five (25) feet and when operated in such a manner as to cause a person to be aware of vibration accompanying the sound at a distance of twenty-five (25) feet from the source.

(Ord. 68 § 9.90.020, 1995; Ord. No. 378, § 5(Exh. A), 12-14-2021)

Editor's note— Ord. No. 378, § 5(Exh. A), adopted December 14, 2021, repealed § 16.48.030 which pertained to vibrations and derived from Ord. 68 § 9.90.030, adopted 1995.

All lights and glare associated with operations and illuminated signs shall be shielded or directed so as to not illuminate adjacent properties or cause glare to motorists.

(Ord. 68 § 9.90.040, 1995)

No operation or activity is permitted to have operations which emit excessive smoke, fumes, or dust, or which exceed the requirements or levels as specified by the Air Quality Management District (AQMD).

(Ord. 68 § 9.90.050, 1995)

All such equipment, including air conditioners, antennas, pumps, transformers, and heating and ventilating equipment, shall be located and operated in a manner that does not disturb adjacent uses and activities. Typical equipment (air conditioners, heat pumps, pool filters, etc.) used for residential service installed and operated in conformance with manufacturer's guidelines and the requirements of this Development Code shall be exempt from this requirement.

(Ord. 68 § 9.90.060, 1995)

No operation or activity shall transmit, generate, or otherwise cause any electrical, magnetic, or electromagnetic radiation disturbance that affects the operation of any use, equipment, or process employed by any use beyond the boundary of the site.

(Ord. 68 § 9.90.070, 1995)

All operations or activities shall conform with the minimum requirements of the Uniform Fire Code, as adopted and amended by the Chino Valley Independent Fire District, and with the provisions of Title 19 of the California Code of Regulations.

(Ord. 68 § 9.90.080, 1995)

There shall be no discharge at any point into any public or private sewage disposal system or stream, or into the ground, of any liquid or solid materials except in conformance with the regulations of the City of Chino Hills, the Chino basin municipal water district, and other responsible agencies.

(Ord. 68 § 9.90.090, 1995)

No operation or activity shall emit heat which would cause a temperature increase or decrease on any adjacent property in excess of ten (10) degrees Fahrenheit, whether the change is in the air, on the ground, or in any structure.

(Ord. 68 § 9.90.100, 1995)

No operation or activity shall be permitted to emit odorous gases or other odorous matter in such quantities as to be dangerous, injurious, noxious, or otherwise objectionable and readily detectable without the aid of instruments at or beyond the lot line.

(Ord. 68 § 9.90.110, 1995)

No operation or activity shall be permitted which results at any time in the release or emission of any fissionable or radioactive materials into the atmosphere, the ground, or sewerage systems.

(Ord. 68 § 9.90.120, 1995)