17.28.040 Performance standards.
The following performance standards shall be applicable to all uses in the M district:
A. Air Pollution. All land uses that may be objectionable by reason of the production or emission of odor, smoke, dust or any other air contaminants shall submit estimates of the maximum quantities and types of each air contaminant which might be emitted under normal and maximum operating conditions on an hourly and daily (twenty-four-hour) basis as part of any application for any entitlement granted by the city. The information required above shall be referred to the Monterey Bay unified air pollution control district (MBUAPCD) for a report on the following matters:
1. Whether the proposed construction, expansion and operation of the facilities would result in an emission of harmful quantities of air contaminants, including but not limited to oxides of sulfur, oxides of nitrogen, hydrocarbons, particulate matter and toxic air pollutants;
2. An estimated quantity of air contaminants that would be emitted and the relation thereof to the air quality of the area;
3. Recommended and required emission limits of air contaminants; provided further, that no action shall be taken upon any application for a period of thirty days after the above mentioned information has been referred to the MBUAPCD; and provided further, that any entitlement for such use shall be granted only where the planning commission, or the city council on appeal, has found that the applicant has proven to the satisfaction of said planning commission, or city council, by plant example, plans, specification, new equipment and technical advances in the particular industry that the applicant’s particular use will not be detrimental to surrounding property or to any portion of the city; and provided further, that said entitlement shall be conditional, and conditions attached thereto shall include a condition that the use of the property pursuant to the entitlement shall not violate any of the regulations of the MBUAPCD; and provided further, that the entitlement shall contain a condition that the recipient of the entitlement shall not exceed those emission limits which are more stringent than those specified in the Rules and Regulations of the MBUAPCD which are determined by the planning commission or city council to be applicable except under nonrecurring and unusual circumstances.
B. Radioactivity or Electric Disturbances. No activities shall be permitted which emit radioactivity at any point which is dangerous to human beings. Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located.
C. Fire and Explosion Hazard. All activities involving, and all storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire suppression equipment and devices standard in the industry. Burning of waste materials in open fire is prohibited. The relevant provisions of federal, state and local laws and regulations shall also apply. Where questions arise due to differences in regulations, standards or requirements, the most stringent regulation, standard or requirement shall prevail.
D. Vibration. No vibration shall be permitted so as to cause a noticeable tremor measurable without instruments at the lot line.
E. Glare. No direct or reflected glare, whether produced by floodlights, high temperature processes such as combustion or welding, or other processes so as to be visible from any boundary line of property on which the same is produced shall be permitted. Sky-reflected glare from buildings or portions thereof shall be so controlled by such reasonable means as are practical to the end that said sky-reflected glare will not inconvenience or annoy persons or interfere with the use and enjoyment of property in and about the area where it occurs.
F. Liquid or Solid Waste. Compliance shall be maintained with all applicable laws and regulations concerning the discharge, disposal or storage of wastewater, liquid or solid wastes, including federal, state and local laws and regulations. This shall include, but not be limited to, obtaining a wastewater discharge permit from the Marina Coast water district. Where questions arise due to differences in regulations, standards or requirements, the most stringent regulation, standard or requirement shall prevail.
G. Toxic or Corrosive Materials. All activities involving, and all storage of, toxic or corrosive materials shall be provided with adequate safety devices against the hazard of spillage or leakage into the environment, particularly the groundwater supply. Compliance shall be maintained with the relevant provisions of federal, state and local laws and regulations. Where questions arise due to differences in regulations, standards or requirements, the most stringent regulation, standard or requirement shall prevail.
H. Noise.
1. At the lot or property line, the noise generated by any use or operation (other than transportation facilities or temporary construction work) shall not exceed:
a. The noise standard for that land use as specified in Table 17.28.040 for a cumulative period of more than thirty minutes in any hour;
b. The noise standard plus five decibels for a cumulative period of more than five minutes in any hour;
c. The noise standard plus ten decibels for a cumulative period of more than five minutes in any hour;
d. The noise standard plus fifteen decibels for a cumulative period of more than one minute in any hour;
e. The noise standard plus twenty decibels or the maximum measured ambient level, for any period of time.
2. The noise measurements shall be performed using a sound level meter which meets or exceeds the requirements for type S2A meters in American National Standards Institute specifications for sound level meters, S1.4-1971, or the most recent revision thereof.
3. If the measured ambient level differs from that permissible within any of the first four noise limit categories above, the allowable noise exposure standard shall be adjusted in five-decibel increments in each category as appropriate to encompass or reflect said ambient noise level.
4. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under this category shall be increased to reflect the maximum ambient noise level.
5. If possible, the ambient noise level shall be measured at the same location along the property line with the alleged offending noise source inoperative. If for any reason the alleged offending noise source cannot be shut down, the ambient noise must be estimated by performing a measurement in the same general area of the source but at a sufficient distance such that the noise from the source is at least ten decibels below the ambient in order that only the ambient level be measured.
6. In the event the alleged offensive noise contains a steady, audible tone such as whine, screech or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech conveying information content, the standard limits set forth in Table 17.28.040 shall be reduced by five decibels.
Receiving Land Use Category | Time Period | Noise Level (db) |
|---|---|---|
One- and two-family residential | 10 p.m.—7 a.m. 7 a.m.—10 p.m. | 45 55 |
Multiple-dwelling residential | 10 p.m.—7 a.m. 7 a.m.—10 p.m. | 50 55 |
Limited commercial, some multiple dwellings | 10 p.m.—7 a.m. 7 a.m.—10 p.m. | 55 60 |
Commercial | 10 p.m.—7 a.m. 7 a.m.—10 p.m. | 60 65 |
Light industrial | Anytime | 70 |
Heavy industrial | Anytime | 75 |
(Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)