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If the Planning Commission approves the appli-cation, the Commission shall return the application to the Building Inspector and shall notify the applicant. If the Planning Commission denies the application, the applicant may appeal the decision to the City Council as prescribed in this chapter for a use permit.
(Ord. 897-C-S, passed 10-25-94)
ARTICLE 19: NOISE ATTENUATION REQUIREMENTS
(A) Stationary noise sources. Uses adjacent to outdoor living areas (e.g., backyards for single-family homes and patios for multi-family units) and parks shall not cause an increase in background ambient noise which will exceed 60 CNEL.
(B) Mobile noise sources.
(1) Arterial and street traffic shall not cause an increase in background ambient noise which will exceed 60 CNEL.
(2) Proposed outdoor residential living areas adjacent to the future expressway (State Route 4 Bypass) or to State Route 4, including BART or eBART development, may be allowed up to a maximum of 65 CNEL as approved by the city.
(3) Existing outdoor residential living areas adjacent to the State Route 4 proposed widening, or to BART or eBART development, shall result in no significant increase (5 CNEL or greater) in existing noise levels.
(C) Noise analysis. For new developments adjacent to the future bypass, applicants may be required to provide a noise and/or visual analysis conducted pursuant to the city's development and environmental review process as determined by staff during the project planning/entitlement phase.
(D) Noise attenuation. The city may require noise attenuation measures be incorporated into a project to obtain compliance with this section. Measures outlined in the noise policies of the General Plan should be utilized to mitigate noise to the maximum feasible extent.
(E) Flexible application. The city may allow up to 65 CNEL for residential projects adjacent to the future bypass or to State Route 4, BART or eBART if the applicant has demonstrated that noise attenuation down to 60 CNEL would result in significantly higher walls.
(Ord. 897-C-S, passed 10-25-94; Am. Ord. 1038-C-S, passed 2-22-05) Penalty, see § 9-5.2904
ARTICLE 20: SWIMMING POOLS AND HOT TUBS
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