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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 ~~} Mayor ATT ~~rcti. . ~ City Clerk ~ RESOLUTION NO. 1707 ".., 'WfII 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 -1- ... '" '-" .... 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. - 2 - ... o-~i\.-" .......". ....., ~ 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. - :3 - 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 ,~ ....'