Resolution 1707
RESOLUTION NO. 1707
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
ADOPTING PERFORMANCE STANDARDS TO IMPLEMENT
SECTION 44 OF THE ZONING ORDINANCE
WHEREAS, after study, the Planning Commission and staff has
prepared and recommended adoption of the attached performance
standards to implement Section 44 of the Zoning Ordinance of the
City of Gilroy, and good cause appearing therefor,
NOW, THEREFORE, BE IT RESOLVED that the Council of the City
of Gilroy approves the attached performance standards and adopts
the same for the regulation of all development in the City of Gilroy,
said standards to become effective concurrently with Section 44 of
the Zoning Ordinance.
PASSED AND ADOPTED this 5th day of February, 1973, by the
following vote:
AYES:
COUNCILMEMBERS: BATREZ, DUFFIN, HUGHAN, PATE,
STOUT and GOODRICH
NOES:
ABSENT:
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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Mayor
ATT ~~rcti. . ~
City Clerk ~
RESOLUTION NO. 1707
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Gilroy Planning Department
December 13, 1972
Performance Standards
. '(Resoluti9n)
Section .1 Purpose
The purpose of the use of performance standards in the control of land uses in the
city is to enable potential nuisance factors to be measured factually and objective-
ly; to insure that all land uses will be controlled effectively to protect all
other land uses, and the community as a whole, from hazards and nuisances which can
be prevented by modern processes and methods of control and elimination.
Section .2 Applicability
No use shall be undertaken or maintained in any district unless it confonns to the
regulations of this resolution, in addition to the regulations of the district in
which it was situated.
Section .3 Points of Measurement
The determination of the existance of any dangerous and objectionable elements
shall be made at the location of the use creating the disturbance, at the point
where the existance of such elements may be most apparent, provided however, that
the measurement having to do with noise, vibration, odors or glare, shall be taken
at the following points of measurement:
(a) In any district other than M-1; M-2; or M-3: At that point on the lot
line of the establishment or use closest to the point of emission.
(b) In the Manufacturing Districts (M-1, l-i-2, M-3): At that point on the
boundary or boundaries of the district which is closest to the establish-
ment or use; or at any point within an adjacent district other than the
manufacturing districts.
Section .4 Noise
The maximum sound pressure level radiated by any use or facility at the points of
measurement specified in this chapter (except transportation facilities or tempor-
ary construction work) shall not exceed the values shown in the following table:
Octave Band Range in Cycles
per second
Sound Pressure Leve12in Decibles
.002 dyne/em
Below - 75
75 - 150
150 - 300
300 - 600
600 - 1200
1200 - 2400
2400 - 4800
4800 - Above
72
67
59
52
46
40
34
32
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The sound pressure level shall be measured with a sound level meter and ~ssociated
octave band analyzer conforming to standards prescribed by the American Standards
Association. "American Standards Specification for General Purpose Sound Level
Meters Sl.4-1961, American Standards Association, Inc., New York, New York";
"American Standards Specification for an Octave Band Filter Set for the Analysis of
Noise and other Sounds, Z24.10-1953, American Standards Association, Inc., New York,
New York" or the latest approved revisions thereof, shall be used, and the same
are adopted herewith with the same effect as if herein set forth in full.
Section .5 Vibration
No vibration shall be permitted (other than from transportation facilities or tem-
porary construction work) so as to cause a noticable tremor at the points of
measurement specified.
Section .6 Odors
No emission shall be
quantities as to be
odorous air to four volumes
this resolution.
permitted of odorous gases or other odorous matter in such
detectable when diluted in'.the, ratio of, cne volume of
of clean air, at the points of measurement specified in
(a) Any process which may involve the creation or emission of any odors may
be required to provide a secondary safeguard system, so that control will
"ce maintained if the primary safegu~rd system should fail.
(b) There is hereby established as a guide in determining such quantities of
offensive odors, Table III, "Odor Thresholds", in chapter 5, "Air Pollu-
tion Abatement Hanual" copyright 1951, by Manufacturing Chemists' Asso.-
ciation, Inc., ilashington, D.C.; and said manual and/or table as sub-
sequently amended.
Section .7 Glare
No direct or reflected glare, whether produced by floodlight, high temperature pro-
cess such as combustion or welding or other processes so as to be visible at the
points of measurement specified in this section shall be permitted. Sky-reflected
glare from buildings or portions thereof shall be so controlled by such means as
are practical to the end that the 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.
Section .8 Fire and Explosion Hazards
All storage of, and all activities involving flammable and explosive materials shall
be provided at any point with adequate safety devices against the hazards of fire
and explosion, as well as with adequate fire-fighting and fire suppression equip-
ment and devices as provided for in tho Uniform Building Code and. by thu Fire Chief
and Fire Marshall. Burning of waste materials in open fires is prohibited except
where provided by the Fire Marshall.
Section .9 Radioactivity or Electrical Disturbance
No activities shall be permitted which emit dangerous radioactivity as provided by
Federal Regulations, or electrical disturbance adversely affecting the operation
at the point of measurement of any equipment other than that of the creator of
such disturbance.
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Section .10 Smoke, Flyash, Dust, Fumes, Vapors, Gases, and other Forms of Air
Pollutants or Contaminants
No emission shall be permitted from any source which shall exceed the permissible
amounts or limits established by the Rules and Regulations of the Bay Area Pollu-
tion Control District.
Section .11 Solid or Liquid liJaste
No discharge of any materials of such nature or temperature as may contaminate any
water supply, interfere with bacterial processes in sewage treatment, or otherwise
cause the emission of dangerous or objectionable elements, shall be permitted at
any point into public or private sewage systems, or streams or onto or into the
ground, except in conformance with the standards and limitations established by the
State Department of Health, The Hater Quality Control Board, or the applicable
sections of the Gilroy Municipal Code. No materials or wastes shall be deposited
on any property in such form or manner that they may be transferred off the pro.-
perty by natural causes or forces. Any wastes which might be attractive to rodents
or insects shall be stored outdoors only in closed containers.
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I, SUSANNE E. STEINMETZ. City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 1707 is an original'
resolution, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Council held on the
5th day of February
, 19 ~ at which meeting a quorum was present.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed the
official seal of the City of Gilroy, this 16th day of February
, 19 72 .
~?-
ity Clerk of the City of Gilroy
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