City of Laguna Beach, CA NOISE

The following exterior noise standards, unless otherwise specifically indicated, shall apply to all properties within a designated noise zone.

Allowable Exterior Noise Level⁽¹⁾
Noise Zone	Type of Land Use	Allowed Equivalent Noise Level, Leq.⁽²⁾
Noise Zone	Type of Land Use	7 a.m. to 10 p.m.	10 p.m. to 7 a.m.
I	Residential	60 dBA	50 dBA
II	Commercial	65 dBA	65 dBA
III	Residential portion	65 dBA	55 dBA
IV	Downtown specific plan area—CBD1, CBD2, CBD visitor commercial, CBD central bluffs & civic arts district	70 dBA	70 dBA
V	Other uses	70 dBA	60 dBA

⁽¹⁾	If the ambient noise level exceeds the resulting standard, the ambient noise level shall be the standard.
⁽²⁾	Measurements for compliance are made on the affected property. (See Section 7.25.150 for details.)

It is unlawful for any person at any location within the incorporated area of the city to create noise, or to 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, to exceed either of the following:

The noise standard for the applicable zone for any fifteen-minute period;

A maximum instantaneous (single instance) noise level equal to the value of the noise standard plus twenty dBA for any period of time (measured using A-weighted slow response).

In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under such category shall be increased to reflect the maximum ambient noise level.

The noise zone III standard shall apply to that portion of residential property falling within one hundred feet of a commercial property or use, if the noise originates from that commercial property or use.

(E)

If the measurement location is on a boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply.

(Ord. 1448 § 1, 2005)

§ 7.25.050 Exemptions.

The following activities shall be exempted from the provisions of this chapter:

Any activity conducted on public property, or on private property with the consent of the owner, by any public entity or its officers, employees, representatives, agents, subcontractors, permittees, licensees or lessees, which the public entity has authorized are exempt from the provisions of this chapter. This includes, without limitation, sporting and recreational activities which are sponsored, co-sponsored, permitted or allowed by the city of Laguna Beach or Laguna Beach unified school district. This also includes, without limitation, occasional outdoor gatherings, public dances, shows or sporting and entertainment events, provided such events are conducted pursuant to an approval, authorization, contract, lease, permit or sublease by the appropriate public entity, specifically the Laguna Beach design review board, planning commission, city council or Irvine Bowl policy committee relative to the staging of the events;

Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle, work or warning alarm or bell, provided the sounding of any bell or alarm on any building or motor vehicle shall terminate its operation within fifteen minutes in any hour of its being activated;

Any noise sources associated with people and/or music associated with a social gathering on private property. Such noise generating activities are subject to the provisions of Section 7.25.060 of this chapter;

Noise sources associated with the maintenance of real property. Such noise generating activities are subject to the provisions of Section 7.25.070 of this chapter;

(E)

Noise sources associated with construction, repair, remodeling, demolition or grading of any real property. Such noise generating activities are subject to the provisions of Section 7.25.080 of this chapter;

(F)

Any activity to the extent regulation thereof has been preempted by state or federal law. (Preemption may include motor vehicle and aircraft in flight noise regulations);

(G)

Noise sources associated with construction, repair, remodeling, demolition or grading of public rights-of-way or during authorized seismic surveys;

(H)

Any noise sources associated with barking dogs or other intermittent noises made by animals on any property within the city of Laguna Beach. Such noise is difficult to measure under the terms of this chapter and instead shall be subject to the provisions of Chapter 6.16 of this code; and

(I)

Noise sources related to uses approved by a permit, such as a conditional use permit, in effect prior to the effective date of this chapter and which contain acoustic or noise standard conditions of approval. This exemption shall only be applicable during the effective period of the city approved permit.

(Ord. 1448 § 1, 2005)

§ 7.25.060 Loud and disturbing noise.

It is unlawful for any person or property owner within the city to make, cause or allow to be made any loud, excessive, impulsive or intrusive noise, disturbance or commotion which disturbs the peace or quiet of any area or which causes discomfort or annoyance to any reasonable person of normal sensitivities in the area, after a peace or code enforcement officer has first requested that the person or property owner cease and desist from making such noise. The types of loud, disturbing, excessive, impulsive or intrusive noise may include, but is not limited to, yelling, shouting, hooting, whistling, singing, playing a musical instrument, and emitting or transmitting any loud music or noise from any mechanical or electrical sound making or sound-amplifying device.

The factors, standards, and conditions which may be considered in determining whether a violation of the provisions of this section has been committed, included, but are not limited to, the following:

The level of the noise;

The level and intensity of the background (ambient) noise, if any;

The proximity of the noise to residential or commercial sleeping areas;

The nature and zoning of the area within which the noise emanates;

(5)

The density of inhabitation of the area within which the noise emanates;

(6)

The time of day and night the noise occurs;

(7)

The duration of the noise;

(8)

Whether the noise is constant, recurrent or intermittent;

(9)

Whether the noise is produced by a commercial or noncommercial activity; and

(10)

Whether the use is lawful under the provisions of Title 25 of this code and whether the noise is one that could reasonably be expected from the activity or allowed use.

(Ord. 1448 § 1, 2005)

§ 7.25.070 Real property maintenance noise regulations.

No person, while engaged in maintenance of real property, shall operate any tool, equipment or machine in a manner which produces loud noise that disturbs a person of normal sensitivity who works or resides in the vicinity, or a peace or code enforcement officer, except between the hours of eight a.m. and six p.m.

Trimming or pruning which requires the use of chainsaws or mulching machines shall only be allowed between the hours of eight a.m. and six p.m. on a weekday, which is not a federal holiday, and between the hours of ten a.m. and five p.m. on a Saturday. Trimming or pruning which requires the use of chainsaws or mulching machines shall not be allowed on Sundays.

No landowner, gardener, property maintenance service, contractor, subcontractor or employer shall permit or allow any person or persons working under their direction and control to operate any tool, equipment or machine in violation of the provisions of this section.

The use of electrical or gasoline powered blowers, such as commonly used by gardeners and other persons for cleaning lawns, yards, driveways, gutters and other property is prohibited at any time within the city limits.

(E)

Exceptions. The provisions of this section shall not apply to the following:

Emergency property maintenance authorized by the building official;

The maintenance, repair or improvement of any public work or facility by public employees, by any person or persons acting pursuant to a public works contract, or by any person or persons performing such work or pursuant to the direction of, or on behalf of, any public agency; provided, however, this exception shall not apply to the city of Laguna Beach, or its employees, contractors or agents, unless:

The city manager or department director determines that the maintenance, repair or improvement is immediately necessary to maintain public service,

The maintenance, repair or improvement is of a nature that cannot feasibly be conducted during normal business hours, or

The city council has approved project specifications, contract provisions, or an environmental document that specifically authorizes maintenance during hours of the day which would otherwise be prohibited pursuant to this section;

Any maintenance that complies with the noise limits specified in Section 7.25.040 of this chapter;

Maintenance activities for certain public benefit nonprofit art organizations, specifically the Sawdust Festival, Art-A-Fair and the Laguna Art Museum, shall be permitted between the hours of eight a.m. and ten p.m. Monday through Friday, eight a.m. and eight p.m. on Saturday and Sunday.

(Ord. 1448 § 1, 2005)

§ 7.25.080 Construction activity noise regulations.

Weekdays. No person, while engaged in construction, remodeling, digging, grading, demolition or any other related building activity, shall operate any tool, equipment or machine in a manner which produces loud noise that disturbs a person of normal sensitivity who works or resides in the vicinity, or a peace or code enforcement officer, on any weekday except between the hours of seven-thirty a.m. and six p.m.

Weekends and Holidays. No person, while engaged in construction, remodeling, grading, demolition or other related building activity, shall operate any tool, equipment or machine in a manner which produces loud noise that disturbs a person of normal sensitivity who works or resides in the vicinity, or a peace or code enforcement officer, on any weekend day or any federal holiday.

No landowner, construction company owner, contractor, subcontractor, or employer shall permit or allow any person or persons working under their direction and control to operate any tool, equipment or machine in violation of the provisions of this section.

Exceptions.

The provisions of this section shall not apply to emergency construction work performed by a private party when authorized by the director of community development, building official or their designee.

The city manager or a department director determines that the maintenance, repair or improvement is immediately necessary to maintain public services;

The maintenance, repair or improvement is of a nature that cannot feasibly be conducted during normal business hours; or

The city council has approved project specifications, contract provisions, or an environmental document that specifically authorizes construction during hours of the day which would otherwise be prohibited pursuant to this section.

Any construction that complies with the noise limits specified in Section 7.25.040 of this chapter.

§ 7.25.100 Schools, day care centers, churches, libraries, museums, health care institutions—Special provisions.

Construction activities for certain public benefit nonprofit art organizations, specifically the Sawdust Festival, Art-A-Fair and the Laguna Art Museum, shall be permitted between the hours of seven-thirty a.m. and ten p.m. Monday through Friday, seven-thirty a.m. and eight p.m. on Saturday and Sunday.

(Ord. 1448 § 1, 2005)

§ 7.25.090 Other public agency exceptions.

The provisions of this chapter shall not be construed to prohibit any work at different hours by or under the direction of any other public agency or utility companies in cases of necessity or emergency.

(Ord. 1448 § 1, 2005)

It is unlawful for any person to create any noise which causes the outdoor noise level at any school, day care center, hospital or similar health care institution, church, library or museum while the same is in use, to exceed the noise standards specified in Section 7.25.040 of this chapter prescribed for the assigned noise zone I.

(Ord. 1448 § 1, 2005)

§ 7.25.110 Sound-amplifying equipment.

Notwithstanding any other provision of this code to the contrary, loudspeakers, sound amplifiers, public address systems or similar devices used to amplify sounds shall be subject to the provisions of Section 7.25.120 of this chapter. Such sound-amplifying equipment shall not be construed to include electronic devices, including but not limited to, radios, tape players, tape recorders, compact disc players, electric keyboards, music synthesizers, record players or televisions, that are designed and operated for personal use, or used entirely within a building, facility or premises and are not designed or used to convey the human voice, music or any other sound to an audience outside such building, facility or premises, or which are used in vehicles and heard only by occupants of the vehicle in which installed.

(Ord. 1448 § 1, 2005; Ord. 1491 § 3, 2008; Ord. 1502 § 1, 2009)

§ 7.25.120 Loudspeakers.

The use of sound-amplifying equipment and sound trucks in the city shall be subject to all of the following regulations:

The only sounds permitted are music and human speech or both.

Sound shall not be emitted near hospitals, churches, schools, courthouses and City Hall in a manner that unreasonably disrupts, obstructs, impairs or interferes with the normal use and operation of such facilities for their intended purposes.

The volume of sound shall be controlled so that it will not be unreasonably loud, raucous, jarring, disturbing or a nuisance to reasonable persons of normal sensitiveness within the range of audibility.

(d)

Speakers for sound-amplification equipment shall be directed, to the extent feasible, toward open unoccupied space.

(e)

The sound-amplifying equipment or sound truck shall not be used between the hours of nine p.m. and nine a.m. of the following day.

(Ord. 1448 § 1, 2005; Ord. 1491 § 4, 2008; Ord. 1502 § 2, 2009; Ord. 1533 § 1, 2010)

§ 7.25.130 Heating, venting, pool/spa and air conditioning—Special provisions.

Permits for heating, venting and air conditioning (HVAC), and pool/spa equipment in or adjacent to residential areas shall be issued only after the installation contractor signs an acknowledgment that the installation will meet the noise limits established in Section 7.25.040 of this chapter.

Applicants of mechanical permits for commercial HVAC equipment may be required to submit a detailed acoustical study that demonstrates compliance with the noise limits established in Section 7.25.040 of this chapter.

Permits for air conditioning units and pool and spa equipment in or adjacent to residential areas shall be reviewed and approved without Design Review if they comply with all of the following requirements:

The mechanical equipment is ground-mounted.

The mechanical equipment is not within the required front or side yard setbacks.

The mechanical equipment must maintain a five-foot clearance from all property lines.

A manufacturer's specification sheet for the mechanical equipment must be provided with the application and include the decibel rating. The maximum decibel level is sixty dB during the day and fifty dB at night, with the exception that the measurement shall be taken at the property line. Two sound attenuation techniques shall be utilized to minimize noise impacts. Examples of sound attenuation techniques include, but are not limited to, physical enclosures such as fencing with insulation, internal sound compression blanket, and shock absorption base. Sound attenuation techniques must be used and maintained in accordance with the manufacturer's specifications for the life of the equipment.

(5)

Completion of a form provided by the city detailing how the project meets maximum sound level requirements measured at the property line. The method of computation required is specified in Standard 275 "Standard Application of Sound Rated Outdoor Unitary Equipment" of the Air Conditioning and Refrigeration Institute (ARI), 1984, as amended.

Air conditioning units that do not meet the above requirements shall be reviewed and approved in conformance with the requirements of Section 25.05.040 Design review.

(Ord. 1448 § 1, 2005; Ord. 1636 § 1, 2019)

§ 7.25.140 Motor vehicles.

The use of any motor vehicle in such a condition as to create excessive, impulsive or intrusive noises is prohibited. The discharge into the open air of the exhaust of any internal combustion engine, stationary or mounted on wheels, motorboat or motor vehicle, including motor cycle, whether or not discharged through a muffler or other similar device, that creates excessive, unusual, impulsive or intrusive noise is prohibited. Motor vehicles shall comply with the noise regulations of the California Vehicle Code, as amended.

(Ord. 1448 § 1, 2005)

§ 7.25.150 Noise level measurement.

The location selected for measuring exterior noise levels in a residential area shall be at any part of a private yard, patio, deck or balcony normally used for human activity and identified by the owner of the affected property as suspected of exceeding the noise level standard. This location may be the closest point in the private yard or patio, or on the deck or balcony, to the noise source, but should not be located in nonhuman activity areas such as trash container storage areas, planter beds, above or contacting a property line fence, or other areas not normally used as part of the yard, patio, deck or balcony. The location selected for measuring exterior noise levels in a nonresidential area shall be at the closest point on the affected property to the noise source. The measurement microphone height shall be five feet above finish elevation or, in the case of a deck or balcony, the measurement microphone height shall be five feet above the finished floor level or outside any sensitive room window.

Any decibel measurement made pursuant to the provisions of this chapter shall be measured in decibels (dBAs) as measured with a sound level meter using the A-weighted sound pressure level.

(Ord. 1448 § 1, 2005)

§ 7.25.160 Prima facie violation.

Any noise exceeding the noise level standard as specified in Section 7.25.040 of this chapter, shall be deemed to be prima facie evidence, (evidence that is sufficient to establish the issue in question), of a violation of the provisions of this chapter.

(Ord. 1448 § 1, 2005)

§ 7.25.170 Violations.

Any person who negligently or knowingly violates any provision of this chapter shall be guilty of an infraction punishable by a fine specified by the administrative citation schedule of fines adopted by the city council in accordance with the requirements set forth in Section 1.15.070 of this code. The manner of enforcement of this chapter shall follow the procedures specified in Chapter 1.15 of this code regarding administrative citations.

As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provisions of this chapter, which operation or maintenance causes or creates sound levels exceeding the allowable standards as specified in this chapter, shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

Any violation of this chapter is declared to be a public nuisance and may be abated in accordance with law. The expense of enforcing this chapter is declared to be public nuisance and may be by resolution of the city council declared to be a lien against the property on which such nuisance is maintained, and such lien shall be made a personal obligation of the property owner.

(Ord. 1448 § 1, 2005)

§ 7.25.180 City manager waiver.

The city manager is authorized to grant a temporary waiver to the provisions of this chapter for a period of time necessary to correct the violations of this chapter, if such temporary waiver would be in the public interest and there is no feasible and prudent alternative to the activity, or the method of conducting the activity, for which the temporary waiver is sought. This time period may include a commitment to a program which includes placing necessary orders and entering into necessary contracts within thirty days for repair or installation.

(Ord. 1448 § 1, 2005)

§ 7.25.190 Noise abatement programs.

In circumstances which adopted community-wide noise standards and policies prove impractical in controlling noise generated from a specific source, the city council may establish a noise abatement program which recognizes the characteristics of the noise source and affected property and which incorporates specialized mitigation measures.