Sec. 38-111. Performance Standards.
The following performance standards shall apply to all use classifications in all zoning districts:
A. Noise.All uses and activities shall comply with the provisions of the Monterey Noise Regulations (Sections 22 17 and 22 18). Decibel levels shall be compatible with neighboring uses, and no use shall create ambient noise levels which exceed the following standards:
|
Zone of Property Receiving Noise |
Maximum Decibel Noise Level (Db) |
|
|---|---|---|
|
OS |
Open Space District |
60 |
|
R |
Residential Districts |
60 |
|
PS |
Public and Semi Public District |
60 |
|
C |
Commercial District |
65 |
|
I |
Industrial Districts |
70 |
|
PD |
Planned Development |
Study Required |
1. Duration and Timing.The noise standards above shall be modified as follows to account for the effects of time and duration on the impact of noise levels:
a.In R districts, the noise standard shall be 5 Db lower between 10:00 p.m. and 7:00 a.m.
b.Noise that is produced for no more than a cumulative period of five minutes in any hour may exceed the standards above by 5 Db.
c.Noise that is produced for no more than a cumulative period of one minute in any hour may exceed the standards above by 10 Db.
2. Director May Require Acoustic Study.The Community Development Director may require an acoustic study for any proposed projects which could have, or create, a noise exposure greater than that deemed acceptable. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)
3. Noise Measurement.Noise shall be measured at an appropriate distance from the source with a sound level meter, which meets the standards of the American National Standards Institute (ANSI Section S1.4 1979, Type 1 or Type 2). Noise levels shall be measured in decibels. The unit of measurement shall be designated as Db. A calibration check shall be made of the instrument at the time any noise measurement is made.
4. Noise Attenuation Measures.The Community Development Director may require the incorporation into a project of any noise attenuation measures deemed necessary to ensure that noise standards are not exceeded. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)
5. Appeals.Decisions of the Community Development Director may be appealed by the applicant to the Planning Commission in accord with Article 27. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)
B. Vibration.No use, activity, or process shall produce vibrations that are perceptible without instruments by a reasonable person at the property lines of a site.
C. Odors.No use, process, or activity shall produce objectionable odors that are perceptible without instruments by a reasonable person at the property lines of a site.
D. Glare.
1. From Glass.Mirror or highly reflective glass shall not cover more than 20 percent of a building surface visible from a street unless an applicant submits information demonstrating to the satisfaction of the Community Development Director that use of such glass would not significantly increase glare visible from adjacent streets or pose a hazard for moving vehicles. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)
2. From Outdoor Lighting.Parking structure and all project lighting shall be screened so the light source will not be visible off site.
E. Combustibles and Explosives.The use, handling, storage, and transportation of combustibles and explosives shall comply with the provisions of the Chapter 13: Fire Protection of the Municipal Code, and any other applicable laws.
F. 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 any other applicable laws.
G. Hazardous and Extremely Hazardous Materials.The use, handling, storage, and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations (California Administrative Code, Title 22, Division 4), Article 17, Hazardous Materials, and any other applicable laws
H. 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 to a reasonable person material distress, discomfort, or injury.
I. Electromagnetic Interference.Uses, activities, and processes shall not cause electromagnetic interference with normal radio or television reception in R districts, or with the function of other electronic equipment beyond the property line of the site on which they are situated.
J. Evidence of Compliance.The Community Development Director shall require such evidence of ability to comply with performance standards as he deems necessary prior to issuance of a zoning permit. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)