17.90.010 Intent and Purpose
17.90.020 Noise
17.90.030 Vibration
17.90.040 Lighting
17.90.050 Smoke
17.90.060 Mechanical and Electrical Equipment
17.90.070 Electrical Interference
17.90.080 Fire or Explosive Hazard
17.90.090 Liquid and Solid Wastes
17.90.100 Heat or Cold
17.90.110 Odors
17.90.120 Fissionable or Radioactive Materials
(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. No. 474, Section 5, 5/28/08.]
(a) Noise Measurement
Noise shall be measured with a sound level meter which meets the standards of the American National Standards Institute (ANSI) Section SI4-1979, Type 1 or Type 2. Noise levels shall be measured using the "A" weighted sound pressure level scale in decibels (reference pressure = 20 micronewtons per meter squared). The unit of measure shall be designated as dB(A). Code Enforcement shall be the noise control officer.
(b) Noise Standards
(1) The noise standards contained in Table VIII-2, "Land Use Compatibility Guidelines Related to Noise Exposure" in the Noise Element of the General Plan shall apply to land uses city-wide and shall be used to define acceptable and unacceptable noise levels.
(2) No person shall operate or cause to operate any source of sound at any location or 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 property, either incorporated or unincorporated, to exceed:
A. The noise standard plus three (3) dBA for that receiving land use specified in Table VIII-2 of the General Plan Noise Element for a cumulative period of more than thirty (30) minutes in any hour; or
B. The noise standard plus five (5) dBA for a cumulative period of more than five (5) minutes in any hour; or
C. The noise standard plus ten (10) dBA for a cumulative period of more than three (3) minutes in any hour; or
D. The noise standard plus fifteen (15) dBA for a cumulative period of more than one (1) minute in any hour; or
E. The noise standard plus twenty (20) dBA for any period of time.
(3) If the measured ambient level exceeds any of the first four (4) noise limit categories above, the allowable noise exposure standard shall be increased to reflect the ambient noise level. If 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.
(4) If the alleged offense consists entirely of impact noise or simple tone noise, each of the noise levels in Section 17.90.020(b)(2)A. shall be reduced by five (5) dBA.
(c) Exempt Noises
The following activities shall be exempted from the provisions of this Chapter:
(1) All mechanical devices, apparatus or equipment used, and related to or connected with emergency machinery, vehicles or activities.
(2) The provisions of this regulation shall not preclude the construction, operation, maintenance and repairs of equipment, apparatus or facilities of park and recreation projects, public works projects or essential public works services and facilities, including those utilities subject to the regulatory jurisdiction of the California Public Utilities Commission.
(3) Normal activities associated with and conducted on the grounds of any elementary, intermediate, secondary school or college.
(4) Outdoor gatherings, public dances and shows, provided said events are conducted pursuant to a permit as required by this Zoning Code.
(5) Activities conducted in public parks and public playgrounds, provided said events are conducted pursuant to a permit as required by this Zoning Code.
(6) Any activity to the extent regulation thereof has been preempted by State or Federal law.
(7) Traffic on any roadway or railroad right-of-way.
(8) Construction activity on private properties that are determined by the Building Official to be essential to the completion of a project, and are in compliance with Section 17.90.020(d)(1) of this Chapter.
(d) Construction Practices
To reduce potential noise and air quality nuisances, the following items shall be listed as "General Notes" on the construction drawings:
(1) Construction activity and equipment maintenance is limited to the hours between 7:00 a.m. to dusk on weekdays. Construction may not occur on weekends or State holidays, without prior consent of the Building Official. Non-noise generating activities (e.g. interior painting) are not subject to these restrictions. City and State construction projects, such as road re-building or resurfacing, and any construction activity that is in response to an emergency, shall be exempt from this requirement.
(2) Stationary construction equipment that generates noise in excess of sixty-five (65) dBA at the project boundaries must be acoustically shielded and located at least one hundred feet (100') from occupied residences. The equipment area with appropriate acoustic shielding shall be designated on building and grading plans. Equipment and shielding shall remain in the designated location throughout construction activities.
(3) Construction routes are limited to City of Adelanto designated truck routes.
(4) Water trucks or sprinkler systems shall be used during clearing, grading, earth moving, excavation, or transportation of cut or fill materials to prevent dust from leaving the site and to create a crust after each day's activities cease. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds fifteen (15) miles per hour.
(5) A person or persons shall be designated to monitor the dust control program and to order increased watering as necessary to prevent transport of dust off-site. The name and telephone number of such person(s) shall be provided to the City.
(6) All grading equipment shall be kept in good working order per factory specifications.
[Ord. No. 474, Section 5, 5/28/08.]
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