The purpose of this chapter is to:
A.
Establish
standards to protect the health, safety, and welfare of those living
and working in the City;
B.
Implement
goals and policies of the General Plan Noise Element;
C.
Facilitate
compliance with the State Noise Insulation Standards (California Code
of Regulations, Title 24) and the California Building Standards Code;
D.
Provide
community noise control regulations and standards which are consistent
with, or exceed, the guidelines of the State Office of Noise Control
and the standards adopted by the Federal Highway Administration (FHWA),
California Department of Transportation (Caltrans), or other government
or regulatory agencies; and
E.
Consolidate
and/or reference all applicable City noise regulations.
(Prior code § 16-340.010; Ord. 2020-12-01-1502 C.S. § 18)
The following activities shall be exempt from the provisions
of this chapter:
A.
Emergency Exemption. The emission of sound for the purpose
of alerting persons to the existence of an emergency, or the emission
of sound in the performance of emergency work.
B.
Warning Device. Warning devices necessary for the protection
of public safety, (e.g., police, fire and ambulance sirens, properly
operating home and car burglar alarms, and train horns).
C.
Outdoor Play/School Ground Activities. Activities conducted
on parks and playgrounds and school grounds, between 7:00 a.m. and
10:00 p.m., except for additional hours that may be granted by the
City Manager. Otherwise, outdoor activities shall meet standards in
Table 3-7.
D.
Railroad Activities. The operation of locomotives, rail cars,
and facilities by a railroad that is regulated by the State Public
Utilities Commission.
E.
State or Federal Pre-Exempted Activities. Any activity, to
the extent the regulation of it has been preempted by State or Federal
law.
F.
Public Health and Safety Activities. All transportation, flood
control, and utility company maintenance and construction operations
at any time on public rights-of-way, and those situations that may
occur on private property deemed necessary to serve the best interest
of the public and to protect the public's health and well being, including,
debris and limb removal, removal of damaged poles and vehicles, removal
of downed wires, repairing traffic signals, repair of water hydrants
and mains, gas lines, oil lines, and sewers, restoring electrical
service, street sweeping, unplugging sewers, vacuuming catch basins,
etc. The regular testing of motorized equipment and pumps shall not
be exempt.
G.
Maintenance of Residential Real Property. Noise sources associated
with the minor maintenance of residential real property, provided
the activities take place between the hours of 7:00 a.m. and 10:00
p.m.
H.
Stationary Emergency Generators. Sound resulting from the operation of any stationary emergency generator in any zoning district shall be considered restoration of electrical service and are exempt from the sound rating values set forth in Section 16.60.040, Table 3-7 (Maximum Allowable Noise Exposure for Noise-Sensitive Land Uses) but subject to the standards in this section. This exemption only applies when generators are operated during an emergency situation as defined herein.
1.
Definitions.
a.
Stationary emergency generator is defined as any stationary or nonportable
internal combustion engine located in any zoning district that serves
solely as a secondary source of mechanical or electrical power when
the primary source is disrupted or discontinued during a period of
emergency due to a situation beyond the control of the owner. A stationary
emergency generator that serves as an energy or power source in circumstances
other than emergency situations or for standard testing, such as load
shedding or peak shaving, shall not be considered a stationary emergency
generator.
b.
Emergency situation is defined as loss of primary power due to power
outage, on site disaster, area-wide natural disaster, or circumstances
beyond the control of the owner/operator. An emergency situation shall
not include power interruptions pursuant to an interruptible power
service agreement, engine testing or scheduled maintenance.
2.
Standards.
a.
A stationary emergency generator shall be located in conformance
with Table 3-13.
b.
A stationary emergency generator shall operate only during emergency
situations or for standard performance testing procedures as required
by law or by the engine manufacturer.
c.
All stationary emergency generators shall be enclosed in a sound
absorbing encasement and in no event shall the sound rating value
of generators in any district exceed 76 Lmax dBA at 23 feet.
d.
Stationary emergency generators may be operated for testing purposes
one time for a period not to exceed 30 minutes in any seven day period.
Testing of stationary emergency generators is permitted between the
hours of 7:00 a.m. through 10:00 p.m. Monday through Saturday.
(Prior code § 16-340.030; Ord. 2020-06-09-1501 C.S. § 15)
The following acts are a violation of this chapter and are therefore
prohibited.
A.
Construction Noise. Operating or causing the operation of
tools or equipment on private property used in alteration, construction,
demolition, drilling, or repair work between the hours of 10:00 p.m.
and 7:00 a.m., so that the sound creates a noise disturbance across
a residential property line, except for emergency work of public service
utilities.
B.
Loading and Unloading Operations. Loading, unloading, opening,
closing or other handling of boxes, crates, containers, building materials,
garbage cans, or similar objects on private property between the hours
of 10:00 p.m. and 7:00 a.m. in a manner to cause a noise disturbance.
C.
Public Nuisance Noise. Public nuisance noise is noise that is generally not associated with a particular land use but creates a nuisance situation by reason of its being disturbing, excessive, or offensive. Examples would include excessively loud noise from alarms, animals, horns, musical instruments, stereos, tape players, televisions, vehicle or motorboat repairs and testing, and similar noise as required by Chapter 8.20 and Sections 9.40.040 and 9.40.050 of the Municipal Code.
D.
Stationary Nonemergency Signaling Devices. Sounding or allowing the sounding of an electronically amplified signal from a stationary bell, chime, siren, whistle, or similar device intended primarily for nonemergency purposes, from private property for more than 10 consecutive seconds in any hourly period as required by Section 8.20.030(B) of the Municipal Code.
E.
Refuse Collection Vehicles.
1.
Operating
or allowing the operation of the compacting mechanism of any motor
vehicle that compacts refuse and that creates, during the compacting
cycle, a sound level in excess of 85 dBA when measured at 50 feet
from any point of the vehicle.
2.
Collecting
refuse, or operating or allowing the operation of the compacting mechanism
of any motor vehicle that compacts refuse in a residential zoning
district between the hours of 5:00 p.m. and 5:00 a.m. the following
day.
F.
Sweepers and Associated Equipment. Operating or allowing the
operation of sweepers or associated sweeping equipment (e.g., blowers)
on private property between the hours of 10:00 p.m. and 7:00 a.m.
the following day in, or adjacent to, a residential zoning district.
G.
Vehicle or Motorboat Repairs and Testing. Modifying, rebuilding,
repairing, or testing any motor vehicle, motorcycle, or motorboat
in a manner as to cause a noise disturbance across the property line
of a noise-sensitive use greater than the noise level standards in
Table 3-7, below.
(Prior code § 16-340.030)
The following provisions shall apply to all uses and properties,
as described below, and shall establish the City's standards concerning
acceptable noise levels for both noise-sensitive land uses and for
noise-generating land uses and transportation-related sources:
A.
Standards For Proposed Noise-Sensitive Land Uses on Noise-Impacted
Sites (Except Infill Areas). Excluding proposed noise-sensitive land uses on infill sites, which shall comply with subsection C of this section:
1.
Existing Transportation-Related Noise Sources. Proposed noise
sensitive land uses that will be impacted by existing or projected
transportation noise sources shall be required to mitigate the noise
levels from these transportation noise sources so that the resulting
noise levels on the proposed noise-sensitive land use(s) do not exceed
the standards in Table 3-7, Part I.
2.
Existing Land Use-Related Noise Sources. Proposed noise sensitive
land uses that will be impacted by existing land use-related noise
sources shall be required to mitigate the noise levels from those
noise sources so that the resulting noise levels on the proposed noise-sensitive
land use(s) do not exceed the standards in Table 3-7, Part II.
B.
Standards for Proposed Noise-Generating Land Uses and Transportation-Related
Sources. Excluding noise-generating projects on infill sites, which shall comply with subsection C of this section, the following shall apply:
1.
Transportation-Related Noise Sources (Except Infill Sites). Transportation-related projects that include the development of
new transportation facilities or the expansion of existing transportation
facilities shall be required to mitigate their noise levels so that
the resulting noise:
a.
Does not adversely impact noise-sensitive land uses; and
b.
Does not exceed the standards in Table 3-7, Part I.
|
Noise levels shall be measured at the property line of the nearest
site, which is occupied by, and/or zoned or designated to allow the
development of, noise-sensitive land uses.
|
|
TABLE 3-7
MAXIMUM ALLOWABLE NOISE EXPOSURE FOR NOISE-SENSITIVE LAND USES
| ||
|---|---|---|
|
PART I: Transportation-Related Noise Standards
| ||
|
Noise-Sensitive Land Use Type
|
Maximum Allowable Noise Exposure (LdndB)
| |
|
Outdoor Activity Areas
|
Indoor Spaces
| |
|
Residential (all types)
|
65
|
45
|
|
Child care
|
—
|
45
|
|
Educational facilities
|
—
|
45
|
|
Libraries and museums
|
—
|
45
|
|
Live-work facilities
|
65
|
45
|
|
Lodging
|
65
|
45
|
|
Medical services
|
—
|
45
|
|
Multi-use (with residential)
|
65
|
45
|
|
PART II: Land Use-Related Noise Standard
| ||
|---|---|---|
|
Noise Level Descriptor
|
Outdoor Activity Areas
| |
|
Day (7:00 a.m. to 10:00 p.m.)
|
Night (10:00 p.m. to 7:00 a.m.)
| |
|
Hourly equivalent sound level (Leq), dB
|
55
|
45
|
|
Maximum sound level (Lmax), dB
|
75
|
65
|
|
Notes:
| |
|---|---|
|
(1)
|
The noise standard shall be applied at the property line of
the receiving land use. When determining the effectiveness of noise
mitigation measures, the standards shall be applied on the receiving
side of noise barriers or other property line noise mitigation measures.
|
|
(2)
|
Each of the noise level standards specified shall be decreased
by five for impulse noise, simple tone noise, or noise consisting
primarily of speech or music.
|
2.
Commercial, Industrial, and Other Land Use-Related Noise Sources
(Except Infill Sites).
a.
New and Expanded Noise Sources. Land use-related projects
that will create new noise sources or expand existing noise sources
shall be required to mitigate their noise levels so that the resulting
noise:
i.
Does not adversely impact noise-sensitive land uses; and
ii.
Does not exceed the standards specified in Table 3-7, Part II.
Noise levels shall be measured at the property line of the nearest
site which is occupied by, zoned for, and/or designated on the City's
General Plan Diagram to allow the development of, noise-sensitive
land uses.
b.
Maximum Sound Level.
i.
Commercial.
(A)
The maximum sound level (Lmax) produced by commercial land uses
or by other permitted noise-generating activities on any retail commercial
zoning district (i.e., CO, CN, CG, CD, CL, or CA districts) shall
not exceed 75 dB; and
(B)
The hourly equivalent sound level (Leq) from these land uses
shall not exceed 65 dB during daytime or nighttime hours as measured
at the property line of any other adjoining retail commercial zoning
district (CO, CN, CG, CD, CL, or CA districts).
ii.
Industrial.
(A)
The maximum sound level (Lmax) produced by industrial land uses
or by other permitted noise-generating activities on any industrial
(IL, IG, or PT) or public facilities (PF) zoning district shall not
exceed 80 dB; and
(B)
The hourly equivalent sound level (Leq) from these land uses
shall not exceed 70 dB during daytime or nighttime hours as measured
at the property line of any other adjoining IL, IG, PT, or PF district.
(C)
Where industrial or public facilities uses abut a retail commercial
use or zone, the maximum noise levels shall not exceed the above-listed
standards for commercial uses and zones (i.e., Lmax = 75 dB and Leq
= 65 dB).
c.
Adjacent to Other Uses. If commercial, industrial, or
public facilities land uses are adjacent to any noise-sensitive land
uses or vacant residential (RE, RL, RM, or RH) or open space (OS)
zoning districts, these uses shall comply with the performance standards
contained in Table 3-7, Part II.
C.
Standards for Infill Sites.
1.
Noise-Sensitive Land Uses on Noise-Impacted Infill Sites. Noise-sensitive
land uses which are approved for development or expansion on noise-impacted
infill sites shall only be required to mitigate the existing and projected
noise levels from those sources so that the resulting noise levels
within the interior of the noise-sensitive land uses do not exceed
the indoor space standards in Table 3-7, Part II.
2.
Noise-Generating Land Uses Impacting Noise-Sensitive Infill Sites. Noise generating land uses and transportation-related projects,
which are approved for development or expansion in the vicinity of
existing noise-sensitive infill sites, shall be required to mitigate:
a.
Exterior noise levels (measured at the property line nearest the
noise source) so that the ambient noise levels at the time of development
and the maximum exterior noise standards for commercially and industrially-zoned
properties are not exceeded; and
b.
Interior noise levels (measured at least four feet from the interior
side of the wall nearest the noise source) so that the resulting noise
levels within the interior of any impacted noise-sensitive land uses
do not exceed the interior space standards in Table 3-7.
(Prior code § 16-340.040; Ord. 023-07 C.S. § 41)
The Director or other Review Authority, as applicable, shall
require the preparation of an acoustical study in instances where
it has been determined that a project may expose existing or proposed
noise-sensitive land uses to noise levels exceeding the noise standards
specified above and in Table 3-7. This determination shall be based
on the existing and future 65 dB Ldn transportation-related noise
contours contained in the noise section of the City's General Plan
Background Document, the proximity of new noise-sensitive land uses
to known noise sources, and/or the knowledge that a potential for
adverse noise impacts exists (e.g., as determined in an environmental
document prepared in compliance with the California Environmental
Quality Act). The study shall be paid for by the project applicant
and shall be prepared by a qualified acoustical consultant, as determined
by, and under the supervision of, the applicable City Review Authority.
At a minimum, the acoustical study shall include the following:
A.
Project and Site Description. A general description of the
project's physical and operational characteristics and of the site's
location, physical features, and land use setting (including appropriately
scaled maps);
B.
Identification of Noise Sources. Identification of the noise
sources from the project and from the area surrounding the site;
C.
Description of Noise Assessment Methodology. A description
of the methodology that will be used to assess noise impacts, including
a listing of all assumptions and data used in any computer models:
1.
Computer
models that will be used for noise predictions shall be standard versions
approved by the Federal Highway Administration (FHWA), Federal Aviation
Administration (FAA), California Department of Transportation (CalTrans),
or other government agencies;
2.
For
traffic noise studies, the computer models, SOUND32 or other proprietary
models based on the 1978 "FHWA Highway Traffic Noise Prediction Model
(FHWA-RD-77-108)," as amended, shall be used. The FHWA's new "Traffic
Noise Model" (TNM) shall be used after its phase-in period. For aircraft
noise studies, the latest version of the FAA's "Integrated Noise Model"
(INM) shall be used;
3.
If
standard government approved models do not exist (e.g., railroad and
industrial noise sources), a description of the model shall be provided;
D.
Existing and Projected Noise Levels. A description of existing
and future (20 years minimum) noise levels together with a comparison
of these noise levels to the noise level standards specified above
and in Table 3-7;
E.
Impacts of or Impacts on the Project. Discussion of the noise
impacts generated by the project and/or the impacts of existing and
future noise levels on the project, including anticipated quantifiable
changes in the noise environment, shall be presented; and
F.
Noise Attenuation/Mitigation Measures. Recommended noise attenuation/mitigation
measures to achieve compliance with the standards specified above
and in Table 3-7 (e.g., noise barriers/walls, site design, setbacks,
enclosure of noise-generating uses and equipment, equipment modification
and muffling, structure soundproofing), or a detailed explanation
stating why mitigation is infeasible.
(Prior code § 16-340.050; Ord. 023-07 C.S. § 42)
Applicants for projects requiring discretionary approval shall
be required by the Review Authority to submit evidence to determine
whether the proposed project complies or will comply with the provisions
of this chapter. Failure to submit the requested information within
a specified time period may render the application incomplete.
A.
Information. Required information may include the following:
1.
Construction Plans. Plans of construction and development;
2.
Production Plans. A description of the machinery, processes,
or products to be used or produced on the premises;
3.
Operational Characteristics. A description of the project's
operational characteristics (e.g., hours of operation, work shifts,
number of truck, rail, or other deliveries, etc.);
4.
Noise Emission Levels. Estimation of the expected noise levels
produced by the proposed project; and
5.
Noise Emission Mitigation. Description of the methods to be
used in restricting the emission of noise from the premises.
B.
Noise Thresholds of Significance. The threshold for determining
the potential significance of a noise impact under CEQA shall be:
(Prior code § 16-340.060)
If the existing noise levels affecting a project are greater
than those allowed, the developer shall mitigate the noise as follows:
A.
Infill Projects. For infill projects, site planning and construction
techniques shall be used to reduce sound levels to allowed maximum
interior sound levels or below. Examples of noise reducing techniques
include orienting building openings away from the noise source, appropriate
subdivision design for noise avoidance, landscape setbacks and berms,
use of acoustical barriers and walls, enclosure of noise-generating
uses and equipment, and use of appropriate building construction technology
and materials to reduce interior noise levels.
B.
Other Projects. For other projects, a noise attenuation barrier
shall be constructed and/or noise attenuation measures described above
shall be applied to the structures, as applicable, to bring sound
levels down to allowed maximum interior and exterior sound levels
or below.
(Prior code § 16-340.070)
A Code Enforcement Officer or Police Officer, as applicable, shall have responsibility for the enforcement of the noise regulations identified in this chapter in compliance with Chapter 16.224 (Enforcement). Unless otherwise specified, the Code Enforcement Officer shall make all noise-level measurements required for the enforcement of this chapter.
(Prior code § 16-340.080)
