Chapter 17.68 — PERFORMANCE STANDARDS

It is the purpose and intent of these standards to prevent any use which may create dangerous, injurious, noxious, or otherwise objectionable conditions. (prior code § 8-1.6002(A); Ord. 97-03 § 2 (part))

These performance standards shall apply to all uses and properties in the city including existing uses. The planning commission may approve extensions for compliance for existing uses with a contract and schedule for full compliance. The maximum time limit of an extension shall be five years and shall be based on the degree of expenditure needed to achieve full compliance compared to the total value of the improvements related to the use and the degree of hazard or impact to the adjoining properties and the community from the existing non-compliance with the standards. (prior code § 8-1.6002(B); Ord. 97-03 § 2 (part))

• A. Noise Levels. (Refer to Chapter 8.20 for complete provisions.)

Noise shall be controlled so as not to exceed the noise level standards set forth below, and consistent with the general plan noise element:

NOTE: Each of the noise level standards specified above shall be reduced by five dBA for simple tone noises, noises consisting primarily of speech or music, or for recurring impulsive noises.

B. Particulate Emissions.

The Yolo-Solano Air Pollution Control District ("APCD") shall determine which uses shall be equipped with APCD approved emission control devices or measures to preclude fugitive dust and particulate emissions from a site.

Such devices or measures shall be approved by the APCD prior to submittal of any application for any entitlements to the community development/department. The owner shall maintain all devices. Where a use may have detrimental air quality impacts upon an adjoining land use, consideration shall be given to separating the uses to reduce the impact to an insignificant level.

C. Vibration.

No operation shall be installed or operated which by its construction or nature habitually or consistently produces noticeable vibration beyond the property line. The term "operation" shall not include the transport of materials by truck or rail. Where vibration dampeners are proposed, the application shall include an engineered study establishing the effectiveness of the dampeners based on actual site conditions.

D. Waste.

No improvements shall be constructed nor any operations commenced, which by their design or use will allow material to be tracked or carried by wind to city streets or abutting parcels. The term "material" shall include, but not be limited to, paper products, lightweight plastic, dirt, sand, lime, seed, bran, chaff, wood refuse, and other readily transportable compounds.

E. Radioactivity and Electrical Disturbances.

The use of radioactive material shall be regulated and monitored by the appropriate state and federal agencies.

Radio and television transmitters shall be operated at the regularly assigned wave lengths (or within the authorized tolerances therefore) as assigned by the appropriate governmental agency. Subject to such exception and the operation of domestic household equipment, all electrical and electronic devices and equipment shall be suitably wired, shielded and controlled so that in operation they shall not emit any electrical impulses or waves beyond the lot line which will adversely affect the operation and control of any other electrical or electronic devices and equipment.

• F. Smoke, Fumes and Gas.

All uses shall comply with the requirements of the Air Pollution Control District (APCD). It is the responsibility of all users to contact the District and to comply with the requirements of the district.

G. Flammable Materials.

No use shall store or process flammable liquids or gases in excess of the quantities exempted by the Uniform Fire Code, unless the Winters fire chief has granted a permit.

• H. Unstable Materials.

No use shall store or process liquids or solids that are unstable at ambient temperatures until the user's inventory has been evaluated and the fire chief has issued a permit.

• I. Carcinogens.

No use which integrally utilizes, stores, or produces compounds or waste which principally contain carcinogens, shall be allowed unless and until the user's inventory has been evaluated and a hazardous materials permit has been issued by the fire chief.

• J. Hazardous Materials.

Industries that use solvents and/or other toxic or hazardous materials shall be required to present hazardous materials management plans for review and approval by the fire chief prior to final building inspection. The plans shall demonstrate that adequate safety precautions have been taken for the storage and handling of hazardous materials and/or wastes, including:

1. Proper on-site management;

2. Proper transportation;

3. Properly designed and outfitted disposal facilities;

4. Source reductions and recovery;

5. Measures to prevent hazardous wastes from entering sanitary sewers;

6. Programs to reduce spill of hazardous substances during transportation; and

7. Compliance with the applicable city's ordinances.

All buildings or structures containing hazardous materials shall be labeled at all doorways with easy-to-read signs that provide emergency response teams with information on the hazardous contents of the building or structure and proper containment procedures. Labeling should be based on existing systems and approved by the fire chief.

If upon review of the hazardous materials management plan, the fire chief determines that the toxic or hazardous materials used or stored pose a significant public health risk beyond the property line, the applicant shall be required to obtain a conditional use permit from the city

planning commission for the use in question, notwithstanding that the use is deemed a permitted use elsewhere in the this title. The applicant or any interested party can appeal the decision made by the fire chief; the appeal will be considered by the city council, whose decision on the appeal shall be final. The city council shall consider the matter in a noticed public hearing, and its decision shall be set forth in written findings base upon substantial evidence in the administrative record before it, including, but not limited to, reliable scientific data on the objectionable toxic or hazardous materials, applicable regulations of local, state and federal agencies, and codes and standards of such bodies of the International conference of building officials.

K. Odors and Fumes.

No use shall be operated in such a way as to create noxious odors or fumes beyond the boundaries of the property on which the use generating the odors or fumes is located.

L. Sewer Discharges.

No solid or liquid wastes shall be discharged into a public sewage disposal system except in compliance with the Municipal Code of the city. No solid or liquid waste discharge, other than into a public or private sewage system, shall be permitted except in accordance with the requirements of the Regional Water Quality Control Board of the state of California.

M. Safety Devices.

Adequate safety devices for the prevention of fire, explosion and other industrial hazards shall be provided by all users, as well as standard industrial equipment for the firefighting and suppression. The fire chief will approve all firefighting equipment.

N. Flooding.

No development shall be permitted on sites subject to inundation from a one hundred-year (100) storm event, as determined by FEMA, unless consistent with the provisions of Chapter 15.64 of the Municipal Code.

O. Design.

1. Metal Buildings.

No new metal buildings (buildings finished with a metal exterior) in excess of one hundred twenty (120) square feet of building area shall be permitted in any district unless approved by the planning commission as part of a design review application. In no instance shall the design or appearance of a metal building be allowed to detract from an existing or desired design theme in any neighborhood.

2. Roof-Top Equipment.

Any new roof-top equipment, including air conditioning units and fans, shall be screened from off-site views to the extent feasible by placement relative to off-site lines-of-sight to the roof, and/or use of a parapet wall, screening device or landscaping. Roof-mounted satellite dishes servicing residential developments are not permitted unless mounted in a position that is not visible from any public street views.

3. Outside Storage.

Any new outside storage of materials and equipment shall be screened from any public street views, and shall include a fence or wall (consistent with height limits prescribed in Chapter 17.64 ) unless otherwise permitted by this title. Additional screening may be necessary, particularly for Industrial uses, to achieve conformity with this section. Landscaping may also be used to help provide necessary screening.

(prior code § 8-1.6002 (C); Ord. 97-03 § 2 (part); Ord. 2003-01 §§ 13–17; Ord. 2016-08 § 4)