Waterford City Zoning Code
CHAPTER 17
44 PERFORMANCE STANDARDS
§ 17.44.010 Purpose.
The purpose of these performance standards is to ensure compatibility between land uses by setting limits, whether generic or quantitative, for dust, heat, electrical disturbances, fumes, vapors, odor, noise, lighting and so forth.
(Ord. 2011-02 §1)
§ 17.44.020 Evidence of compliance.
The planning director shall require such evidence of ability to comply with performance standards as he or she deems necessary prior to issuance of a zoning permit. Where periodic testing is required, such test data shall be gathered by the owner of the subject property or holder of applicable permit and provided to the city as required at the sole cost and expense of the owner of the subject property or holder of applicable permit.
(Ord. 2011-02 §1)
§ 17.44.030 Dust.
No urban land use shall create dust, dirt or mud, which leaves the boundaries of the project site. Implementation of the following measures shall help to reduce generation of dust, dirt or mud:
A.
Schedule all grading activities to ensure that repeated grading will not be necessary.
1.
If a construction site has been disturbed (cleared, graded or excavated) and is to remain inactive for a period of three or more months, it shall be seeded with an annual grass and watered until growth is evident. If after disturbing, the site is inactive for three or more months during the dry period (June to October), as an alternative to seeding, a soil binding dust palliative, such as Hemicellulose extract (wood molasses) solution, may be applied.
2.
If seeded, grass shall be mowed (not disked under) to a maximum height of four inches for fire control. Grasses do not need to be maintained in a green/growing condition. Mowing should occur before the grass dries out to avoid fires that may result from blades striking rocks.
B.
During clearing, grading, earth moving and other site preparation activities and all construction:
1.
Exposed earth surfaces shall be watered as needed, whenever needed, in order to prevent dust from leaving the project site on that phase of the project presently under development.
2.
Mud and dirt carried from the development onto adjacent roadways shall be cleaned up daily.
3.
Litter and debris shall be cleaned up daily to prevent it from leaving the project site and littering adjacent properties.
(Ord. 2011-02 §1)
§ 17.44.040 Air contaminants.
All uses shall comply with rules, regulations, and standards of the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD). An applicant for a zoning permit or a use, activity, or process requiring SJVUAPCD approval of a permit to construct shall file a copy of the SJVUAPCD permit with the planning director. Any use, activity or process that requires SJVUAPCD approval of a permit to operate shall file a copy of such permit with the planning director within thirty days of its approval.
(Ord. 2011-02 §1)
§ 17.44.050 Hazardous materials.
A.
Purpose. The following supplemental regulations are intended to ensure that the use, handling, storage and transport of hazardous substances comply with all applicable requirements of the California Health and Safety Code and that the city is notified of emergency response plans, unauthorized releases of hazardous substances, and any substantial changes in facilities or operations that could affect the public health, safety or welfare. It is not the intent of these regulations to impose additional restrictions on the management of hazardous wastes, which would be contrary to state law, but only to require reporting of information to the city that must be provided to other public agencies.
B.
Definitions. For purposes of this section, "hazardous substances" shall include all substances on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Health Services pursuant to Section 25282 of the California Health and Safety Code.
C.
Permit Required. A use permit, in accordance with Chapter 17.75, shall be required for any new commercial, industrial, or institutional use, accessory use, or major addition or alteration to an existing use that involves the manufacture, storage, handling, transport, or processing of hazardous substances in sufficient quantities that would require permits as hazardous chemicals under the Uniform Fire Code adopted by the city, with the following exceptions:
1.
Underground storage of bulk flammable and combustible liquids is permitted, subject to the provisions of subsection E of this section; and
2.
Hazardous substances in container sizes of ten gallons or less stored or maintained for the purposes of retail or wholesale sales are exempt from these regulations. The planning director or the planning commission may request information on the procedures to be used to process, transport, and store hazardous substances in a safe manner prior to approval of a use permit.
D.
Hazardous Materials Release Response Plans. All businesses located in the city and required by Chapter 6.95 of the California Health and Safety Code to prepare hazardous materials release response plans shall submit copies of all such plans, including any corrected plans or revised plans, to the fire department at the same time these plans are submitted to the public agency administering these provisions of the California Health and Safety Code. These submittal requirements shall be a condition of approval of a zoning permit, issued in accordance with the provisions of this title, for (1) new development where space may be occupied by such a business, and (2) any alteration or addition to an existing building or structure occupied by a business subject to these provisions of the California Health and Safety Code.
E.
Underground Storage Tanks. Underground storage of hazardous substances shall comply with all applicable requirements of Chapter 6.7 of the California Health and Safety Code and Section 79.1113(a) of the Uniform Fire Code. Any business located in the city that uses underground storage tanks shall:
1.
Notify the city police department and fire department of any unauthorized release of hazardous substances immediately after the release has been detected. Such notification shall include the steps being taken to control the release; and
2.
Notify the fire chief of any proposed abandoning, closing or ceasing operation of an underground storage tank and the actions to be taken to dispose of any hazardous substances.
3.
These notification requirements shall be a condition of approval of a zoning permit for (a) new development that involves installation of underground tanks, and (b) any alteration or addition to an existing building or structure on a site where underground storage tanks exist.
F.
Aboveground Storage Tanks. Aboveground storage tanks for any flammable liquid shall be allowed only at refinery or bulk storage plant locations with the approval of the fire marshal.
(Ord. 2011-02 §1)
§ 17.44.060 Combustibles and explosives.
The use, handling, storage, and transportation of combustibles and explosives shall comply with the provisions of the applicable fire codes.
(Ord. 2011-02 §1)
§ 17.44.070 Radioactive materials.
The use, handling, storage, and transportation of radioactive materials shall comply with the provisions of the California Radiation Control Regulations (California Administrative Code, Title 17) and applicable Waterford public safety and fire prevention codes.
(Ord. 2011-02 §1)
§ 17.44.080 Lighting.
Exterior lighting shall be designed and maintained in a manner so that glare and reflections are contained within the boundaries of the parcel, and shall be hooded and directed downward and away from adjoining properties and public rights-of-way. The use of blinking, flashing or unusually high intensity or bright lights shall not be allowed. All lighting fixtures shall be appropriate to the use they are serving, in scale, intensity and height.
(Ord. 2011-02 §1)
§ 17.44.090 Glare.
A.
From Glass. Mirrored or highly reflective glass shall not cover more than twenty percent of a building surface visible from a street unless an applicant submits surface information demonstrating to the satisfaction of the planning director that use of such glass would not significantly increase glare visible from adjacent streets and property or pose a hazard for moving vehicles.
B.
From Outdoor Lighting. Parking lot lighting shall comply with Chapter 17.54. Site lighting shall be designed and installed to confine direct light rays to the site. Minimum illumination at ground level shall be 0.5 foot-candles, and shall not exceed 0.5 foot-candles in an R district. Security lighting in any district may be indirect or diffused, or shall be shielded or directed away from adjoining properties and public rights-of-way. Lighting for outdoor court or field games within three hundred feet of an R district shall require approval of a use permit.
(Ord. 2011-02 §1)
§ 17.44.100 Noise.
Noise generated by mechanical equipment, buzzers, bells, loud speakers or other noise generating devices shall comply with the noise standards below at any boundary line of the parcel, except fire protection devices, burglar alarms and church bells shall conform to the standards contained within Chapter 8.22.
(Ord. 2011-02 §1)
§ 17.44.110 Odor.
No use shall emit any offensive odor off site based on typical human reaction except normal odor associated with certain uses that are allowed in agricultural areas such as animal confinement facilities. The Stanislaus County Environmental Health Division shall be responsible for determining whether or not the off-site odor is offensive or causes a nuisance.
(Ord. 2011-02 §1)
§ 17.44.120 Vibration.
No use shall create any disturbing ground vibration, based on typical human reaction beyond the boundaries of the site.
(Ord. 2011-02 §1)
§ 17.44.130 Water pollution.
No person or use shall discharge liquids of any kind into a public or private sewage system, watercourse, body of water, or the ground, except in compliance with applicable regulations of the California Regional Water Quality Control Board (California Administrative Code, Title 23, Chapter 3 and California Water Code, Division 7).
(Ord. 2011-02 §1)
§ 17.44.140 Heat and humidity.
Uses, activities, and processes shall not produce any unreasonable, disturbing, or unnecessary emissions of heat or humidity, at the property line of the site on which they are situated, that cause material distress, discomfort, or injury to the average person.
(Ord. 2011-02 §1)
§ 17.44.150 Electromagnetic interference.
Uses, activities and processes shall not cause electromagnetic interference with normal radio or television reception in R districts or mixed use district where "R" uses are permitted, or with the function of other electronic equipment beyond the property line of the site on which they are situated.
(Ord. 2011-02 §1)
§ 17.44.160 Public safety.
Implement "Crime Prevention through Environmental Design" (CEPTED) principal in project design.
A.
Purpose. CEPTED design principals recognize that the physical environment can be manipulated to produce behavioral effects that will reduce the fear and incidence of crime while improving quality of life. Secondly, CEPTED principals provide a conceptual framework, derived from this insight, which serves to develop and ensure a better designed property. It is through the development of this design that crime and loss is kept to a minimum. That is because CPTED believes that crime and loss are by-products of human functions that are not working properly.
B.
Strategy. There are three overlapping CPTED design strategies:
1.
"Natural surveillance" is a design strategy that is directed at keeping intruders under observation.
2.
"Natural access control" is a design strategy that is directed at decreasing crime opportunity. The primary thrust of an access control strategy is to deny access to a crime target and to create a perception of risk in offenders.
3.
"Territorial reinforcement" is an "umbrella" design strategy that realizes that physical design can create or extend a sphere of influence so that users of a property develop a sense of proprietorship over it. Territorial strategies will often embody natural surveillance and natural access control strategies.
(Ord. 2011-02 §1)