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Cudahy City Zoning Code

20.60 Performance

Standards

20.60.010 Intent and purpose.

The following performance standards are included in the zoning code: (A) to ensure that residential neighborhoods and the business community in Cudahy will be free from environmental hazards of noise, vibration, dust, glare, and other negative influences; and (B) to contribute to regional efforts to protect and enhance the quality of life through a clean and healthy natural environment. (Ord. 690 § 4 (Exh. A), 2018).

20.60.020 Applicability.

The performance standards in this chapter shall apply to all new construction, renovation and alteration of existing uses or structures in all zone districts. Buildings and land uses shall not be used or constructed if they create a noxious, fire, explosive, or other dangerous hazard; noise or vibration; smoke, dust, odor, air pollution, or glare; or liquid or solid wastes in amounts that adversely affect surrounding areas. These standards shall be applied in addition to the development standards required for each zone. (Ord. 690 § 4 (Exh. A), 2018).

20.60.030 Hazardous materials and wastes.

A. Hazardous Materials Standards. To protect the health and welfare of the residents and business community of the community, the use, storage, manufacturing, or disposal of hazardous materials shall be regulated and monitored according to standards established by the United States Environmental Protection Agency (EPA), the California Department of Health Services (DHS), the California Department of Toxic Substances Control (DTSC), and other agencies that identify hazardous materials and prescribe handling, use, and disposal practices of such.

B. Risk Management and Prevention Program. A risk management and prevention program, together with an inventory statement that is in accordance with federal, state, and local laws, shall be prepared for all structures and land uses using materials identified as hazardous by the EPA, DHS, DTSC or other agency with jurisdiction, as applicable.

C. Flammable Materials and Open Fires. The use and storage of flammable or explosive materials shall comply with the fire prevention code of the city and all applicable ordinances. No open burning is permitted unless a written permit for such activity has been issued by the South Coast Air Quality Management District.

D. Hazardous Materials Discharge. No liquid or solid waste or similar material that may contaminate water supplies, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements shall be discharged into the public sewer or private disposal system, except in accordance with the requirements of the city of Cudahy public works and any other applicable regulations.

E. Radioactivity. The use, handling, storage, and transportation of radioactive material shall comply with the provisions of the fire code adopted by the city and all other applicable local, state, and federal regulations. (Ord. 690 § 4 (Exh. A), 2018).

20.60.040 Dust and paint.

A. Dust and Paint. All uses, including grading, construction, and operational phases, shall be conducted in a manner so as to prevent dust emissions and paint overspray from creating hazardous or potentially hazardous conditions within the site and surrounding area.

B. Dust Control. Parcels located within the soil erosion control area are required to obtain dust control permits from the building department prior to commencement of grading operations. (Ord. 690 § 4 (Exh. A), 2018).

20.60.050 Light, glare, and heat.

A. Safety Lighting. Lighting for safety purposes shall be provided at entryways, along walkways, between buildings, and within parking areas. Minimum lighting standards for parking lots are established in CMC 20.64.070.

B. Lighting Support Structure Height. Lighting support structures shall not exceed the maximum permitted building height for the zone in which they are located. However, in no event shall a lighting support structure exceed a height of 40 feet.

C. Constant Light. Flickering or flashing lights shall not be permitted. All lights shall be constant and shall not change intensity or color more often than once every 30 minutes.

D. Lighting Orientation and Shielding. All lights shall be directed, oriented, and shielded to prevent light from shining onto adjacent properties, onto public rights-of-way, and into driveway areas in a manner that would obstruct motorists’ vision. Lamp bulbs and other sources of direct light shall be contained in light fixtures or luminaires with opaque vertical shielding components designed to preclude any horizontal emission of light from the source.

E. Advertising Signs Lighting. Lighting for advertising signs shall not cause light or glare on surrounding properties.

F. Heat. Welding operations shall be conducted within a fully enclosed structure or shall be shielded from public view. (Ord. 690 § 4 (Exh. A), 2018).

20.60.060 Electrical disturbance.

No activity shall be permitted if it causes electrical disturbance that affects the operation of equipment located beyond the property line. Radio, television, and microwave transmitters shall be suitably wired, shielded, and controlled so that they do not emit electrical waves or impulses that may affect other electronic devices or equipment. (Ord. 690 § 4 (Exh. A), 2018).

20.60.070 Noise.

A. Standards Applicable to All Zones. The regulations in this section aim to prohibit unnecessary, excessive, and annoying noises from all sources, as certain noise levels are detrimental to the health and welfare of individuals. The standards apply to all land uses in all zones unless otherwise specified.

B. Noise Measurements. Noise shall be measured with a sound level meter that meets the standards of the American National Standards Institute (ANSI Section S1.4-1979, Type 1 or Type 2). The unit of measure shall be designated as a decibel (dBA). Noise levels shall be measured in dBA at the property line of the receptor property, and at least four feet above the ground and five feet from the nearest structure or wall. Where a boundary or wall exists, the measurement shall be made on the receptor property. A calibration check shall be made of the instrument at the time any noise measurement is made.

C. Exterior Noise Standards.

1. No person shall create or allow the creation of noise that causes the exterior noise level to exceed the noise standards set forth in Table 20.60-1.

Table 20.60-1. Maximum Exterior Noise Standards

Noise Level (dBA, Lmax)

Receiving Land Use Category

10:00 p.m. – 7:00 a.m.

7:00 a.m. – 10:00 p.m.

Residential (except multi-family)

45

65

Multi-family residential and mobile home parks

50

65

Commercial and mixed-use

60

65

Industrial

70

70

2. Increases in the allowable exterior noise levels listed in Table 20.60-1 may be permitted in accordance with the standards outlined in Table 20.60-2:

Table 20.60-2. Permitted Increases in Noise Levels

Permitted Increase (dBA)

Duration (cumulative minutes per hour)

5

15

10

5

15

1

20

Less than 1 minute

D. Interior Noise Standards.

1. No person shall operate, or cause to be operated, any source of sound within a residential dwelling unit or allow the creation of noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level, when measured inside a neighboring receiving dwelling unit, to exceed the environmental and/or nuisance interpretation of the applicable limits shown in Table 20.60-3:

Table 20.60-3. Maximum Interior Noise Levels

Land Use Type

Time Period

Maximum Noise Level (dBA)

Any time

1 min./1hr.

Residential

10:00 p.m. to 7:00 a.m.

35

40

7:00 a.m. to 10:00 p.m.

45

50

Mixed-use residential

All hours

45

50

2. If the ambient noise level inside a receiving dwelling unit exceeds permissible limits, the allowable noise exposure standard in that category shall be the measured ambient noise for a cumulative period of five minutes in any one hour, ambient plus five dBA for one minute within any one hour, and shall not exceed the ambient plus 10 dBA at any time.

E. Enclosed Equipment. Utilization of compressors or other equipment, including but not limited to vents, ducts, and conduits, but excluding window or wall-mounted air-conditioners which are located outside of the exterior walls of any building, shall be enclosed within a permanent, noncombustible, view-obscuring enclosure to ensure that the equipment will not emit noise in excess of the ANSI standards.

F. Residential Uses along Major Corridors. New residential development along Atlantic Avenue, Clara Street (from Atlantic Avenue to River Road), and Salt Lake Avenue shall comply with the land use compatibility standards for noise in the 2040 General Plan. In order to confirm compliance, an acoustical study shall be performed in conjunction with any development project proposal. For residential uses in a mixed-use corridor, a residential noise notice shall be provided in accordance with CMC 20.28.080(E).

G. Exemptions. Warning devices necessary for the protection of public safety, including but not limited to police, fire and ambulance sirens, and train horns, are exempt from these noise standards. (Ord. 690 § 4 (Exh. A), 2018).

20.60.080 Odor and gases.

A. Odor Standards. Any process that creates or emits odors, gases, or other odorous matter shall comply with standards set by the South Coast Air Quality Management District.

B. Continuous, Frequent, or Repetitive Odorous Gases. No use shall be permitted to emit continuous, frequent, or repetitive odorous gases such as to be detectable without the aid of instruments at or beyond the lot line of the site. (Ord. 690 § 4 (Exh. A), 2018).

20.60.090 Vibration.

A. No Detectable Vibration. No vibration shall be detectable beyond the property line of the site from which the vibration is emanating. The ground vibration caused by moving vehicles, trains, aircraft, or temporary construction/demolition activity is exempted.

B. Residential Use Near Railroad Tracks. A vibration study shall be provided in conjunction with any proposed residential development within 200 feet of the Union Pacific Railroad tracks.

C. Industrial Districts. Within industrial districts, vibration shall not exceed the standards set forth in Table 20.60-4:

Table 20.60-4. Maximum Vibration in Industrial Districts

Vibration Displacement (inches)

Frequency (minutes per hour)

Steady State

Impact

Under 10

.0055

.0010

10-19

.0044

.0008

20-29

.0033

.0006

30-39

.0002

.0004

40+

.0001

.0002

(Ord. 690 § 4 (Exh. A), 2018).