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HomeMy WebLinkAboutAGENDA REPORT 1998 0304 CC REG ITEM 09A-7r� . 3(= �• ITEM • A AGENDA REPORT CITY OF MOORPARK, CALIFORNIA CITY OF MOORPARK City Council Meeting of r71 a Y c k y 199, - TO: Honorable City Council ACTION: _PJ,,,x tcd (�so1u -Ewr, .No. 9g -I H �iT Tccdrrr� FROM: Nelson Miller, Director of Community Developmen By; osr Prepared by: Wayne Loftus, Planning Manager c_vn4-Int.,c, -tx2 DATE: February 20, 1998 (City Council Meeting of 3/4/98) SUBJECT: CONSIDER ADOPTION OF AN UPDATE TO THE NOISE ELEMENT OF THE GENERAL PLAN AND AMENDMENT OF THE MUNICIPAL CODE TO ADD CHAPTER,17.53 - NOISE ORDINANCE, WHICH WILL IMPLEMENT THE NOISE ELEMENT AND ESTABLISH STANDARDS AND PROCEDURES TO CONTROL NOISE IN THE CITY OF MOORPARK (GENERAL PLAN AMENDMENT 97 -04 AND ZONING CODE AMENDMENT 97 -07) Background On January 12, 1998, The Planning Commission adopted two resolutions recommending to the City Council approval of an updated Noise Element and additions to the Municipal Code to regulate noise. Resolution No. PC -98 -349 approved by a 3 -1 vote (Acosta -no) recommends approval of the updated Noise Element of the General Plan. Resolution No. PC -98 -350 approved by a unanimous vote recommends the addition of Chapter 17.53 to the Municipal Code providing regulations concerning noise, which will assist in the implementation of the Noise Element. The Planning Commission arrived at their decision following consideration of a written report and Draft Noise Element and Noise Ordinance prepared by Community Development Department. No one gave public testimony and no written testimony was submitted. The Planning Commission recommended an organizational adjustment, where the threshold criteria for noise levels that constitute a violation were moved from Section 17.53.070 III Paragraph G -K to Section 17.53.070 I Paragraph A -I. No changes on meaning, content, or enforcement would result, however the reader's understanding of ordinance criteria was improved. Discussion The Noise Element is one of seven mandatory elements required under State Law to be included in a General Plan. The purpose of the Noise Element is to identify and evaluate noise sources and problems in the community. It is also part of the information base for decision making on the location and distribution of land uses. Identifying noise generators and their impact on the community is an important factor affecting the livability of the community. The current Noise Element was adopted in 1987, when the population of Moorpark was 17,561. C\ I -M \W PG I \MEMOS \W AYNE \wl- hcc- 98 -2 -20. wpd (A)VI(A Honorable City Council Update to the Noise Element February 20, 1998 Page 2 However, after significant growth, with a population nearing 30,000, physical conditions have changed resulting in higher ambient noise levels. Ambient noise is the normal or existing level of environmental noise from all sources at a location. Automobile traffic is the single highest generator of noise in the community with projections along Los Angeles Avenue, State Routes 118 and 23, and increasing by five decibels by 2010 as compared to 1994 levels. The Noise Ordinance was prepared using the State of California Model Noise Ordinance, and includes maximum recommended noise levels by the type of land use. The proposed ordinance also establishes noise levels for stationary equipment as well as standards for limited use of various types of noise producing equipment and machinery. The other aspect of the proposed Noise Ordinance involves the measurement of noise and enforcement of those regulations proposed to be adopted. Environmental Determination This project is Exempt from provisions of the California Environmental Quality Act under CEQA requirements pursuant to CEQA Guidelines Section 15061 (b) (3). Recommendation 1. Adopt Resolution No. 98 - approving the updated Noise Element as an amendment to the City of Moorpark General Plan. 2. Approve Introduction for first Reading of Ordinance No. amending the Moorpark Municipal Code by adding Chapter 17.53 titled Noise Ordinance. attachments: Draft Resolution Adopting Noise Element Draft Noise Ordinance Planning Commission Resolution No. PC -98 -349 & 98 -350 Planning Commission Staff Report of January 12, 1998 cc: Steve Kueny, City Manager C:A I- M\ WPG ]vCDDAMEMOS \WAYNE \WL- HCC -2.WPD 00000% RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING AN UPDATE TO THE NOISE ELEMENT OF THE CITY OF MOORPARK GENERAL PLAN (GPA- 97 -04) Whereas, at a duly noticed public hearing on January 12, 1998, the Planning Commission considered a draft update to the Noise Element of the General Plan and adopted Resolution No. PC -98 -349 recommending to the City Council that they approve the amendment proposed by the Commission; and Whereas, staff conducted an environmental review of the Noise Element update and has determined that the project is Exempt from provision of the California Environmental Quality Act (CEQA) Guidelines, Section 15061; and Whereas, the City Council held a public hearing on March 4, 1998 to consider the Planning Commission recommendation and accept public testimony on this matter and has reached a decision on this matter. Now, therefore, the City Council of the City of Moorpark, California, does resolve as follows: Section 1. The City Council hereby finds that the adoption of the update to the Noise Element of the General Plan is Exempt from the California Environmental Quality Act (CEQA) Guidelines by Section 15061 (b) (3) since the update to the Noise Element does not have the potential for causing a significant effect on the environment. Section 2. That the adoption of the update to the Noise Element to the General Plan is based upon numerous factors, including but not limited to the following; A. The update sets goals and establishes policies and objectives that will decrease levels of noise source on new development. B. The update identifies the existing impacts of noise on the City of Moorpark. D: \lm \97WAYNE \ccres- noiseOrd.wpd /5:36 PM Resolution No. 98- Adopting An Update to the Noise Element C. The update identifies the future impact of noise on the City of Moorpark. D. The update is consistent with Noise Element guidelines published by the Governors Office of Planning and Research (OPR) State of California. E. The update has been written in such a manner as to be internally consistent with other elements of the City of Moorpark General Plan. Section 3. That the City Clerk shall transmit a copy of the City of Moorpark adopted Noise Element update to all public entities, pursuant to Government Code Section 65357. Section 4. That the City Council finds that the adoption of the update to the Noise Element of the Moorpark General Plan identified in Exhibit "A" is substantially the same as that recommended by the Planning Commission. Section 5. That this resolution shall take effect immediately. Section 6. That the City Clerk shall certify to the adoption of this resolution. Passed, approved and adopted this 4th day of March 1998. Ayes: Noes: Abstain: Absent: Attest: Deborah S. Traffenstedt City Clerk Patrick Hunter Mayor D : \lm \97WAYNE \ccres- noiseord.wpd /5:36 PM oocso 'I- GENERAL PLAN NOISE ELEMENT CITY OF MOORPARK December 1997 MOORPARK NOISE ELEMENT - I&.ia li.24 P PAGE I TABLE OF CONTENTS 1.0 INTRODUCTION 1.1 OVERVIEW 1.2 STATUTORY REQUIREMENT 1.3 PURPOSE 1.4 DEFINITIONS 2.0 EXISTING CONDITIONS 3.0 NOISE EVALUATION AND MEASUREMENT 4.0 FINDINGS 5.0 GOAL STATEMENT 6.0 GOALS, POLICIES AND IMPLEMENTATION APPENDIX Al TECHNICAL APPENDIX (Separate Cover) MOORPARK NOISE ELEMENT - 18Dec9711:24 PM PAGE 2 (AXA ' 1.0 INTRODUCTION Within the City of Moorpark are a number of transportation related noise sources including freeways, major and minor arterial roadways as well as a railroad line. The existing noise corridors within the City, include; State Route 118 (SR 118), State Route 23 (SR 23) and the Southern Pacific Rail Road (SPRR). In the future, a SR 118 bypass arterial and a SR 23 bypass arterial are proposed to be constructed within the City's boundaries. Effective strategies to reduce their influence on the community noise environment are an appropriate and essential part of the Noise Element. Information relative to the existing and forecast noise environment within Moorpark should be integrated into future land use planning decisions. The Element provides an analysis of the noise environment in order that the City may include noise impact considerations in land development programs. Residential land uses and areas identified as noise sensitive should be protected from excessive noise generated by transportation and non - transportation noise sources. The impacts of transportation noise are most effectively mitigated through the application of noise standards, goals and implementation strategies established in the Noise Element, whereas the impacts of non - transportation noise are most effectively abated through the enforcement of City noise ordinances or regulations. Noise, as it has been simply defined, is "unwanted sound ". It is an undesirable byproduct of transportation elements and industrial, commercial and recreation activities within the community that affects man's environment and causes disturbance. Physical health, psychological stability, social cohesion, property values, and economic productivity are factors negatively affected by excessive amounts of noise. The full effect of such noise on the individual and the community will vary with its duration, its intensity, and the tolerance level of the individual. MOORPARK NOISE ELEMENT - 18Dec9711:24 PM PAGE 3 1.1 OVERVIEW The Noise Element of a General Plan is a comprehensive program for including noise attenuation measures in the planning process. It is a tool for local planners to use to achieve and maintain compatible land use based upon acceptable environmental noise levels. The Noise Element identifies noise sensitive land uses and noise sources, and defines areas of noise impact for the purpose of developing programs to insure that Moorpark residents will be protected from excessive noise intrusion. The Noise Element follows the revised State guidelines in Government Code Section 65302(f) of the Health and Safety Code (described in more detail in the Technical Appendix Page A -1). The Element quantifies the community noise environment in terms of noise exposure contours for both near and long -term levels of growth and traffic activity. The information contained in this document provides the framework to achieve compatible land uses. The Element is divided into six sections, including four subsections and an Appendix. 1.0 INTRODUCTION - identifies the noise issues in the City that are to be addressed within the Noise Element. 1.1 SCOPE OFELEMENT AND AUTHORIZATION - describes the responsible parties. 1.2 S TA TUTORY REQUIREMENT - describes the State of California enabling statutory codes. 1.3 PURPOSE - presents the objectives of the Noise Element. 1.4 DEFINITION - defines noise terminology used in the Noise Element. 2.0 EXISTING CONDITIONS - summarizes the key noise problems facing the community. 3.0 NOISE EVALUATION AND MEASUREMENT- describes and defines the noise metric system. MOORPARK NOISE ELEMENT - 18Dec9711:24 PM PAGE 4 60b,00S 4.0 FINDINGS - summarizes the existing and future noise sources in the City. 5.0 GOAL STATEMENT - defines the goals of the Noise Element. 6.0 POLICIES AND IMPLEMENTATION - defines and summarizes the policies and programs to be implemented by the City to achieve the goals of the Element. TECHNICAL APPENDIX - contains background information including methodology, measurement and modeling results, and bibliography. MOORPARK NOISE ELEMENT - 18Dec9711:24 PM PAGE S (JOC OS 1.2 AUTHORIZATION Recognizing the increasing human environmental impacts of noise pollution and the impact that local agency land uses and circulation plans have on the community's environmental quality, the State of California, has mandated that a noise element be included as part of City and County general plans. Guidelines have been prepared as a result of State Government Code Section 65302(f) of the Health and Safety Code (described in more detail in the Technical Appendix A Page A -1), concerning the specific requirements for a Noise Element which are responsive to State guidelines. Within the City of Moorpark, the Community Development Department is responsible for the coordination of all local sound attenuation and regulatory activities. MOORPARK NOISE ELEMENT - 18Dec9711:24 PM PAGE 6 1.3 PURPOSE- The purpose of the Noise Element is to serve as an official guide to the City Council, the Planning Commission, City departments, individual citizens, businessmen, and private organizations concerned with noise pollution within the City of Moorpark. The Noise Element provides a reference to be used in connection with actions on various public and private development matters as required by law, and is utilized to establish uniformity of policy, as well as direction within the City concerning actions to minimize or eliminate excessive noise through the enforcement of community noise standards and ordinances, and for making decisions regarding proposals which may have an impact on the City's environment. The Noise Element includes definitions, objectives, policies, standards, criteria, programs, and maps which are to be considered when decisions are made affecting the noise environment within the City of Moorpark. The objective of the Noise Element is to establish noise standards, and implement policies and goals to limit to acceptable levels the noise that is created because of transportation activities, as well as stationery sources. The purpose of the noise ordinance is to adopt standards that identify a maximum acceptable level of noise that may be generated by people, machinery or actively before enforcement action may be appropriate to protect Moorpark residents from excessive noise intrusion. MOORPARK NOISE ELEMENT - 18Dec9711.24 PM PAGE 7 00(1012.1 1.4 DEFINITIONS The following common terms are used throughout the Noise Element: Ambient Noise - The composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal existing level of environmental noise at a given location. Amplitude - A measure of the difference between atmospheric pressure (with no sound present) and the total pressure (with sound present). Although there are other measures of sound amplitude, sound pressure is the decibel (dBA). A- Weighted Sound Pressure Level, dBA (A) - The sound pressure level, in decibels, as measured on a sound level meter using the A- weighting filter network. The A- weighting filter de- emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human ear and gives good correlation with subjective reactions to noise. Equivalent Sound Level (LEQ) - The sound level corresponding to a steady noise level over a given sample period with the same amount of acoustic energy as the actual time varying noise level. The energy average noise level during the sample period. Community Noise Equivalent Level (CNEL) - The average, equivalent A- weighted sound level during a 24 -hour day obtained by adding five decibels to the hourly noise levels measured during the evening (from 7:00 p.m. to 10:00 p.m.) and by adding ten decibels to the hourly noise levels measured during the night (from 10:00 p.m. to 7:00 a.m.). In this way, CNEL takes into account the lower tolerance of people for noise during the evening and nighttime periods. Day Night Noise Level (LDN) - Similar to CNEL, except that the evening hours are not penalized. The LDN is slightly less stringent than the CNEL. Decibel (dBA) - A unit for describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the MOORPARK NOISE ELEMENT - MDec9711:24 PM PAGE 8 reference pressure, which is 20 micropascals. Because they are logarithmic, decibels are not additive. If two similar noise sources produce the same amount of noise (say 100 dBA each), the total noise level will be 103 dBA, not 200 dBA. An increase in noise level of 10 dBA is generally perceived as being twice as loud. Exterior Living Space - Open area designed for outdoor living and/or recreation which has a minimum dimension in any direction of at least 10 feet and excluding required front and side setback requirements. Maximum Noise Level - The maximum instantaneous noise level that occurs during a specific time interval. In acoustics, the maximum sound pressure level is understood to be for single events unless some other kind of level is specified. Noise - Annoying, harmful, or unwanted sound. Noise Barrier - A structure designed to mitigate the impact generated by a noise source (e.g., an arterial or rail line) at an adjacent noise sensitive location. Barriers should be continuous structures (without gaps) or designed to achieve the same practical effect and should be constructed of a material that is impervious to noise (e.g., concrete block, stucco -on -wood, wood -on -wood, 1/4' tempered plate glass, earthen berm, or any combination of these or similar materials). Noise Contour - A line drawn about a noise source indicating constant levels of noise exposure. CNEL is the metric utilized herein to describe community exposure to noise. Noise Impact Area - A specific area exposed to significant levels of noise. Noise Reduction - The ability of a material to reduce the noise level from one place to another or between one room and another. Noise reduction is specified in decibels. Noise - Sensitive Land Uses - Noise - sensitive land uses include, but are not limited to, residences, schools, libraries, hospitals, churches, offices, hotels, and motels. These typify land uses where suitability is restricted by intrusive noises. Hence, they are termed "noise- sensitive ". Noise - sensitivity factors include interference with speech MOORPARK NOISE ELEMENT - 18Dec9711:24 PM PAGE 9 610601-1 communication; subjective judgement of noise acceptability and relative noisiness, need for freedom from noise intrusion, and sleep interference criteria. The Land Use Element of the General Plan provides a description of the residential areas throughout the City and is considered the source for the inventory of noise - sensitive areas. Sound - As used herein, sound is a reaction in the ear caused by radiant energy being transmitted from a source by longitudinal pressure waves in air or some other elastic medium. Sound Level Meter - A measurement instrument containing a microphone, an amplifier, an output meter, and one or more frequency weighting networks. It is used for the determination of sound levels. MOORPARK NOISE ELEMENT - 18Dec9711:24 PM PAGE 10 1JOC-011 1_1 2.0 EXISTING CONDITIONS In the City of Moorpark there are four major sources of noise: 1. Traffic on State Routes 118 and 23 2. Traffic on arterials and local collector roadways 3. Rail traffic on the Southern Pacific rail line 4. Commercial, industrial and recreational activities adjacent to residential locations. Of these, the most serious problems are the noise levels produced by operations on the State highways, traffic on the major and secondary arterials, and by the railroad. A CNEL of 70 dBA or greater exists at some residential locations as a result of these sources. An exterior noise level of 70 dBA or greater exceeds the design noise standard for residential land uses. The Noise Element has identified a number of noise related problems and issues within the City. The policy program consists of policies and implementation techniques that minimize these problems and issues. Short-term possibilities for noise reduction in Moorpark consist mostly of the enforcement of noise control guidelines and the appropriate placement of walls and berms to buffer residential and other noise - sensitive areas from traffic noise. Long -term possibilities for noise reduction will be contingent upon future development, especially along major traffic routes, and in the vicinity of the railroads. Planning for these situations can help to minimize the future impact of noise on the community. MOORPARK NOISE ELEMENT - 18Dec9711:24 PM PAGE 11 3.0 NOISE EVALUATION AND MEASUREMENT A description of the character of a particular noise requires the following: 1. The amplitude and amplitude variation of the acoustical wave, 2. The frequency (pitch) content of the noise, and 3. The duration of the noise. Definitions of the most commonly used terms encountered in community noise assessments and noise control have been provided as part of the Noise Element. Of these terms, the A- weighted sound pressure level (identified as dBA {A }) is the scale of measurement that is most useful in community noise measurement. This sound level is measured in decibels to provide a scale with the range and characteristics most consistent with that of people's sensitivity to sounds. The A- weighted sound level, its application to the CNEL measure of noise exposure, and its utility in the description of ambient noise levels are discussed in the remainder of this section. To establish the A- weighted sound level, the acoustical signal is detected by the microphone and then filtered to weight those portions of the noise that are most annoying to individuals. This weighting of sound energy corresponds approximately to the relative annoyance experienced by humans from noise at various frequencies. The sound levels of a few typical sources of noise that are routinely experienced by people within the City of Moorpark are listed in Figure NO. 1. MOORPARK NOISE ELEMENT - 18Dec9711:24 PM PAGE 12 00CC`L The A- weighted -sound level of traffic noise and other long -term noise producing activities within and around a community varies considerably with time. Measures of this varying noise level are accomplished by obtaining statistical samples. For the purposes of this study, the following statistical values have been used: L90 - The near minimum sound level. This value is exceeded 90% of the time during the measurement period. L50 - The central tendency of the sound level. This value is exceeded 50% of the time during the measurement period. L10 - The near maximum sound level. This value is exceeded 10% of the time during the measurement period. Leq - The energy equivalent sound level. This value is most representative of the long -term annoyance potential as well as other effects of the noise. These measures may be recorded to obtain representative samples of the noise during certain time periods (e.g., peak traffic period, morning, afternoon, night, etc.). It is recognized that a given level of noise may be more or less tolerable depending on the duration of exposure and the time of day during which the noise is experienced. There are several measures of noise exposure that consider not only the variation of noise level but also include temporal characteristics. Of these, the State Department of Aeronautics and the California Commission of Housing and Community Development have adopted the CNEL. This measure weights the average noise level for the evening hours (from 7:00 p.m. to 10:00 p.m.) by 5 dBA, and the late evening and early morning hours (from 10:00 p.m. to 7:00 a.m.) by 10 dBA. The unweighted daytime noise levels are combined with these weighted levels and averaged to obtain a CNEL value. Figure 2 indicates the outdoor CNEL at typical locations throughout the Southern California area. MOORPARK NOISE ELEMENT - 18Dec9711:24 PM PAGE 13 FIGURE 1 - REPRESENTATIVE NOISE SOURCES AND SOUND LEVELS SOUND LEVELS AND LOUDNESS OF ILLUSTRATIVE NOISES IN INDOOR AND OUTDOOR ENVIRONMENTS (A -Sees weighted Sarni Lerek) SOURC E: Repmdooed fium Melville C Bnwich and A Dale Bel-A PablaW by the City of L.oa Angebm 1970. pt MOORPARK NOISE ELEMENT - 18Dec9711: 24 PM PAGE 14 00c( AS OVER -ALL LEVEL LOUDNESS Saud Prmare Level App. 6.9m COMMUNITY HOME OR INDUSTRY Rome Jadsomot [dB(A) Mleroban (O std eer) of DlKaraa! 8eaa1 MWtary Jet Aimed TdcsOQ With Atier4marner Oaygcn Tareh (121) 120 dB(A) 32 Times as Laud 130 1 UNCOMFORTABLY Prm AhcraR Care" 0 SO FL (130) 120 LAUD Talm.Fan Ak«at3 0 Take Off Power Riveting Mac line (110) 110 @ 200 Ft (90) Ract -N-Ron Band (10E.114) 110 dB(A) 16 Times as Load Jet Flyover 0 1000 FL (103) Boeing Pt 100 Bdfaa. Lmdd tg® o� 100 dB(A) 8 Times as Laud VERY Bell J -2A Hellcoaar 0 100 FL 100 LAUD Paw— (96) 90 Boeing 757, DC -9 0 6080 PL BdaeImd6ttt (M Moutomrayde@ 25 PL Netaspp« Prow P4 CM 90 dB(A) 4 T>aes as LAW Car Wash 0 20 FL (89) Food Blaxler (� Prop. Airplane flyover 0 1000 R. (88) 8 0 Diesel Track. 40 MPH 0 50 FL (94) Muliug Marhhx (� 80 dB(A) 2 Tlma as Loud Diewl Train, AS MPH @ 100 PL age Disposal (30) Lilo Urban Ambial Samd (80) MODERATELY Paeaatg« Car, 6S MPH 023 FL ('%1) Living Roam Music (16) 70 tAUD Ace ay 0 30 FL From Paw cut TV- Audio. Vawam Cleaner 70 dB(A) Edr, IMAM 6 +or- Crh Register 0 10 PL (65.70) 60 Air Conditioning Unit 0 100 FL (60) �a TyXwrka 0 10 FL (64) Dishwasher (Ranee) 0 10 FL (60) 60 dB(A) t!1 a Loud carver adon so Qtr Larp Tnmdamas 0 100 PL (w) 50 dB(A) 19 as Loud 40 Bird Cana (4A) Lower Limy Urban Ambirct Soatd (40) 4o dB(A) lli r lead JUST AUDIBLE (dB(A) Soak kftffwmd) 10 MOURSHO D Of HEARM SOURC E: Repmdooed fium Melville C Bnwich and A Dale Bel-A PablaW by the City of L.oa Angebm 1970. pt MOORPARK NOISE ELEMENT - 18Dec9711: 24 PM PAGE 14 00c( AS FIGURE 2 - TYPICAL OUTDOOR SOUND LEVELS CNEL Outdoor Location —90- < Apartment Next to Freeway 3/4 Mile From Touchdown at Major Airport —80- F-- Downtown With Some Construction Activity 1�'%— Urban High Density Apartment —70- I< Urban Row Housing on Major Avenue F-- Old Urban Residential Area _4n_ E-- Wooded Residential < Agricultural Crop Land F— Rural Residential E--- Wilderness Ambient MOORPARK NOISE ELEMENT - 18Dec9711:24 PM PAGE 15 00(2101S The CNEL scale is considered acceptable for establishing noise criteria for transportation related noise for various land use categories. In general, exterior noise exposures at residential locations should not exceed a CNEL of 65 dBA. The Environmental Protection Agency (EPA) has recommended a policy stating that a CNEL of 55 dBA not be exceeded within exterior living spaces. However, the EPA emphasizes that this level of exposure may not be economically feasible nor, in many cases, a practical level to achieve. Acceptable Interior Noise Exposures NEB California's noise insulation standards were officially adopted by the California Commission of Housing and Community Development in 1974 and became effective on August 22, 1974 (California Administrative Code, Title 25, Section 1092). The ruling states that "Interior community noise equivalent level (CNEL) with windows closed, attributable to exterior sources shall not exceed an annual CNEL of 45 dBA in any habitable room." Additionally, the commission specifies that residential buildings or structures to be located within exterior CNEL contours of 60 dBA or greater of an existing or adopted freeway, expressway, parkway, major street, thoroughfare, rail line, rapid transit line, or industrial noise source shall require an acoustical analysis showing that the building has been designed to limit intruding noise to an interior CNEL of 45 dBA. In general, noise may affect the average individual in the following ways: 1. General hearing loss or damage. Sound levels which exceed 85 dBA(A), when experienced for long durations during each working day, may result in severe temporary or even permanent hearing loss. State and federal safety and health regulations currently protect workers at levels of exposure that exceed 90 dBA(A) for each 8 -hour workday. Community noise levels are sufficiently low so as to not cause hearing loss. MOORPARK NOISE ELEMENT - 18Dec9711:24 PM PAGE 16 2. Interference with oral communication. Speech intelligibility is impaired when sound levels exceed 60 dBA(A). The amount of interference increases with sound level and distance between speaker and listener. 3. Sleep interference. Sound levels that exceed 40 to 45 dBA(A) are generally considered excessive for sleeping areas within a residence. 4. Contributes to nervousness and tension. Human response to frequent noise loud enough to startle or alarm has been linked to such chronic symptoms as low resistance, high blood pressure, exhaustion, and ulcers. MOORPARK NOISE ELEMENT - 18Dec9711:24 PM PAGE 17 (A) I.®K 4.0 FINDINGS The noise survey contained in the Technical Appendix reveals that the noise environment at locations throughout the City are primarily attributable to transportation corridors. The transportation noise sources in the City of Moorpark can be divided into three basic categories: freeways, major and minor arterial roadways, and railroad sources. Each of the transportation sources and their impacts on the noise environment of Moorpark are summarized in the following paragraphs. Freeways - The City of Moorpark has two freeways currently within its boundaries, State Route 118 (SR 118) and 23 (SR 23). The SR 118 and SR 23 currently pass through the City as conventional highways. The SR 118 runs in an east/west direction within the City and terminates at its connection with the SR 23 Freeway. Currently, two surface streets, New Los Angeles Avenue and Los Angeles Avenue serve as SR 118. There are a number of residential areas located along SR 118, and those homes directly adjacent to the highway are exposed to noise levels in excess of 65 CNEL. In addition, there are two existing schools along Los Angeles Avenue, however, the school buildings are set back from the roadway and are exposed to noise levels less than 65 CNEL. Moorpark Avenue and Walnut Canyon Road, currently, serve as SR 23. A large portion of the land uses in the southeast area of the City adjacent to this arterial corridor is open space; however, there are also existing residential units in the Varsity Park neighborhood. Noise levels in excess of 65 CNEL currently occur at those units adjacent to the corridor in the Varsity park neighborhood. A SR 118 bypass arterial is proposed to be constructed in the future. The future SR 118 is proposed to run through the northern section of the City and will redirect traffic traveling through the City. Land area, predominantly in the northwest portion of the City adjacent MOORPARK NOISE ELEMENT - 18Dec9711:24 PM PAGE 18 to proposed SR 118 is mostly undeveloped and is designated for future residential land uses by the Land Use Element. The noise associated with the future SR 118 will be significant, and the residential homes located adjacent to the proposed corridor may be exposed to future traffic noise in excess of 70 CNEL. There are also plans to build a SR 23 bypass arterial within the City's boundaries. The SR 23 will run in the north /south direction through the City. Based upon the current Land Use Element there will be limited residential land uses in close proximity to this future arterial. New residential areas should include sufficient noise mitigation measures to attenuate the projected noise from the SR 23. Major and Minor Arterial Roadways - Traffic noise from major thoroughfares is a significant source of noise within the community. The current and future major roadways in the City include: Los Angeles Avenue, New Los Angeles Avenue, High Street, Tierra Rejada Road, Walnut Canyon Road, Campus Park Drive, Moorpark Avenue, Spring Road, Science Drive, Princeton Avenue and Collins Drive. Noise levels along roadways are determined by a number of traffic characteristics. Most important is the average daily traffic (ADT). Additional factors include the percentage of trucks, vehicle speed, the time distribution of this traffic and gradient of the roadway. In general, many of the land uses along the arterial roadways are commercial and industrial. However, there are a number of single family homes that are located adjacent to arterials. Railroad - The railroad within the City is another significant source of noise. The Southern Pacific Railroad (SPRR) is the rail line that runs in the northeast/southwest direction. The SPRR is owned and operated by the Southern Pacific Transportation Company. Currently, approximately 33 train operations per day run through the City. There are a number of existing residential land uses located along this railroad. The limited number of residences directly adjacent to the railroad are impacted by noise levels in excess of 70 CNEL. MOORPARK NOISE ELEMENT - I8Dec9711:24 PM PAGE 19 W C10 d 5.0 GOAL STATEMENT The goal of the Noise Element is to ensure that the health and well being of the citizens of Moorpark are not compromised by exposure to excessive and possibly harmful levels of noise. This will serve to provide a quality environment in which the citizens of Moorpark may live and have assurance of continued health and well- being. The sections that follow, provide a discussion of the methods used to measure and analyze the noise environment of the City of Moorpark. The results of the analysis will then be compared with accepted standards to determine where the City is affected by adverse levels of noise. This will lead to a description of a policies and implementation programs designed to minimize (or eliminate) these adverse levels and prevent future problems from occurring. MOORPARK NOISE ELEMENT - 18Dec9711:24 PM PAGE 20 00c��: 6.0 GOALS, POLICIES, AND IMPLEMENTATION Goal N -1: Protect the health, safety, and general welfare of the public from adverse noise impacts. Policy N -1.1: Identify sound attenuation measures that can be applicable to transportation related noise impacts. Policy N -1.2: Incorporate noise considerations into land use planning decisions to prevent or minimize future noise and land -use incompatibilities. The analysis of traffic and other noise sources shall consider future conditions at General Plan build out. Policy N -1.3: Provide for reduction in noise impacts from non - transportation sources through adoption of a Noise Ordinance, which is intended to protect people from noise generated on adjacent properties. Policy N -1.4: Require stationary noise sources to limit noise to levels that do not interfere with adjacent uses. Policy N -1.5: Require new projects to contribute to the mitigation of off -site traffic noise impacts to the extent that these impacts are generated by the proposed project. Policy N -1.6: Limit the impact of nuisance noise sources upon residential areas. Implementation N- 1.1.1: The City shall require the use of appropriate sound attenuation measures such as: walls, berms, setbacks and construction techniques, in the design of new residential or other noise sensitive land uses adjacent to existing or planned transportation corridors. The noise level criteria identified by Table 2. Implementation N- 1.1.2: The City shall seek to minimize transportation noise through the use of sound attenuation design features and coordination of transportation routing. As part of the evaluation of commercial and industrial projects, truck movements and routes in the City shall be evaluated to provide effective separation from residential or other noise sensitive land uses. (For example: adding truck traffic to an arterial with adjacent commercial and /or industrial development along the roadway creates less of a relative MOORPARK NOISE ELEMENT - 18Dec9711:24 PM PAGE 21 noise impact than adding the truck traffic to a smaller roadway, such as a collector, where the land use is predominantly residential.) Implementation N- 1.1.3: The City shall encourage rail traffic operators to provide appropriate mitigation for noise impacts resulting from increased rail traffic. Implementation N- 1.1.4: Residential locations adjacent to rail lines are exposed to noise in the range of 90 to 110 dBA(A) during train pass by. The installation of noise barriers should be considered as a noise reduction measure for new residential development adjacent to the railroad tracks. Implementation N- 1.1.5: The City shall encourage the enforcement of State Motor Vehicle noise standards for all privately owned, City owned, and City operated automobiles, trucks, and motorcycles within Moorpark through coordination with the California Highway Patrol and City of Moorpark Police Department. Implementation N- 1.1.6: The construction of noise barriers should be considered as a noise reduction measure to screen private outdoor residential yard areas from new arterial road widening projects, which result in a significant noise level increase. Implementation N- 1.2.1: Sound attenuation measures should be considered early in the development of new residential or noise sensitive uses. The location and orientation of the residential buildings should be configured to minimize or eliminate a noise problem for a site adjacent to the freeway, highways, arterials, or rail lines. Other effective noise reduction tools include the use of earthen berms, sound reducing walls, and generous setbacks. Implementation N- 1.2.2: New residential development that may occur within areas identified on Exhibits 10 and 11 of the Noise Element Technical Appendices as having an existing or projected CNEL of 60 dBA or greater shall be required to have a noise study performed to determine the level of sound attenuation required to meet acceptable interior and exterior noise levels identified in Table 2. The noise study shall be conducted by a person qualified and experienced in performing such studies which may be demonstrated in a variety of ways including; membership in the Institute of Noise Control Engineers MOORPARK NOISE ELEMENT - 18Dec9711:24 PM PAGE 22 (INCE) or as a Registered Professional Engineer in the State of California. This acoustical analysis shall indicate the existing and projected CNELs on the site and the method(s) by which the noise is to be controlled or reduced for residential projects to no more than 65 dBA within the exterior living space and no more than 45 dBA within the interior living space of the project. Implementation N- 1.2.3: The City shall employ standards that identify acceptable limits of noise for various land uses throughout the City including residences, schools, hospitals, convalescent homes, libraries, parks, and other noise sensitive areas. These criteria are designed to fully integrate noise considerations into land use planning to prevent new noise /land use conflicts. Table 1 shows criteria used to assess the compatibility of proposed land uses with the noise environment. These criteria are the basis for the development of specific Noise Standards. These criteria will also be evaluated at the zoning stage to determine the appropriateness of a proposed land use and appropriate conditions of approval that may be imposed on a project. The Noise Standards, presented in Table 2, defines the City policies related to land uses and acceptable maximum noise levels. Tables 1 and 2 are the primary tools that allow the City to ensure noise integrated planning for compatibility between land uses and outdoor noise. The City should require that all proposed new projects within it boundaries, demonstrate compliance with the standards in Table 2 at the time of project application. Implementation N- 1.2.4: The City shall continue to enforce the State of California Uniform Building Code provision that specifies that the indoor noise levels for residential living spaces not exceed 45 dBA CNEL, due to the combined effect of all noise sources. The State requires implementation of this standard when the outdoor noise levels exceed 60 dBA CNEL. The Noise Referral Zones (60 dBA CNEL) can be used to determine when this standard needs to be addressed. The Uniform Building Code (specifically, the California Administrative Code, Title 24, Part 6, Division T25, Chapter 1, sub chapter 1, Article 4, Section T25 -28) requires that "Interior community noise levels (CNEL/LDN) with windows closed, attributable to exterior sources shall not exceed an annual CNEL or LDN of 45 dBA in any habitable room." The code requires that this standard be applied to all new hotels, motels, apartment houses and dwellings other than detached single - family dwellings. The City shall also apply this standard to new single - family dwellings, by amending the Municipal Code to include this requirement. MOORPARK NOISE ELEMENT - 18Dec9711:24 PM PAGE 23 00CANS4 f Implementation N- 1.2.4: The City should require that the State of California Noise Insulation Standards (State Building Code, Part 2, Title 24, Section 3501) be applied to all new multi - family and condominium conversion projects. The City shall require that, prior to issuance of building permits, the applicant demonstrate that the design of the structure will adequately isolate noise between adjacent units (party walls and common floor /ceilings) per Chapter 35 of the Uniform Building Code. This Code requires that all common wall assemblies be designed to a Class (STC) rating of at least 50, and that all common floor /ceiling assemblies be designed to achieve at least an STC of 50 and an Impact Isolation Class (IIC) rating of 50. Implementation N- 1.3.1: The City shall adopt a new comprehensive noise ordinance to ensure that City residents are not exposed to excessive noise levels from stationary noise sources. The purpose of the ordinance is to protect people from non transportation related noise sources such as people, machinery, commercial and industrial activities. The noise ordinance does not apply to motor vehicle noise on public streets or to the railroad line. The noise ordinance is designed to protect quiet residential areas (or other land uses requiring quiet, such as hospitals, convalescent homes, schools, etc.) from stationary noise sources. Land uses are determined by their actual use and not by the current zoning designation. All new noise sources would be required to meet the noise ordinance at the time of construction. Existing stationary noise sources would be given an amortization period to be brought into compliance. The Noise Ordinance compliance and enforcement shall be determined for each application by City staff. Implementation N- 1.3.2: All new building permits will be issued based on compliance with the noise criteria in the Noise Ordinance. A specific set of conditions shall be developed for the issuance of building permits that include mechanical equipment. Maximum noise levels shall be identified and noise sensitive areas of residential properties defined with compliance demonstrated prior to the issuance of building permits. Implementation N- 1.3.3: All new development projects, including but not limited to planned development and conditional use permits, shall be conditioned to comply with the noise limits in the Noise Ordinance and Noise Element standards. A specific set of conditions shall be developed for such projects that include any use that may cause noise impacts on residential areas. This includes, but is not limited to, restaurants, bars, MOORPARK NOISE ELEMENT - 18Dec9711:24 PM PAGE 24 entertainment, parking facilities, industrial and commercial uses. Maximum noise levels shall be identified and noise sensitive areas of residential properties defined with compliance demonstrated prior to the approval of the development project. Restaurants, bars, and other entertainment type uses may be subject to a condition of approval that requires that operators of a facility with a noise violation history be required to conduct on site noise monitoring to verify compliance with the noise limits found in the Noise Ordinance. Implementation N- 1.3.4: Enforcement of the Noise Ordinance shall be the responsibility of the Code Enforcement staff of the Community Development Department. The most effective method to control community noise impacts from non - transportation sources is through application of the community Noise Ordinance. It shall be the Policy of the City to notify applicants for building permits that include mechanical equipment, of the existence of the Noise Ordinance. Typical examples would include commercial and industrial areas near residential development. The City may require as a condition of project approval, that noise measurement data be provided to the City after construction, demonstrating compliance with the Noise Ordinance. Implementation N- 1.4.1: The City shall enforce the Municipal Code provisions relating to the time that limitations that construction activity in or adjacent to residential areas may occur in order to reduce the intrusion of noise in the early morning and late evening hours, on weekends and holidays. At the time of development project approval, the City shall ensure, through conditions of approval, that adequate noise control measures at all construction sites are provided (through the provisions of mufflers and the physical separation of machinery maintenance areas from adjacent residential uses). Implementation N- 1.4.2: The City shall establish and maintain coordination among the City agencies involved in noise abatement and ensure the continued application of noise enforcement efforts of the City through the Code Enforcement Officer and the Police Department. Implementation N- 1.4.3: As a condition of development, the City shall limit delivery hours for stores with loading areas or docks fronting, siding, bordering, or gaining access on driveways adjacent to noise sensitive uses. Exemption from this restriction should be MOORPARK NOISE ELEMENT - 18Dec9711:24 PM PAGE 25 based on compliance with the nighttime noise limits established by the Noise Ordinance. Grocery stores are a major concern for late night delivery noise. The City shall consider limiting delivery hours as a condition of approval for such projects when noise sensitive uses are within 100 feet of loading areas, unless the noise level is within the limitations identified by the Noise Ordinance. The City may consider potential effects of such limits relative to increasing peak hour truck movements. In particular the City shall consider, in determining limits on delivery hours, if such limits will result in increased peak hour truck movements and corresponding potential increases in air quality impacts. Implementation N- 1.4.2: The City shall establish and enforce the noise ordinance standards or noise limits, and restrict the hours of maintenance or construction activity in or adjacent to residential areas that result from in -home hobby or work related activities. Implementation N- 1.5.1: The City shall adopt a new comprehensive Noise Ordinance to ensure that City residents are not exposed to excessive noise levels from stationary noise sources. The purpose of the Noise Ordinance is to protect people from non - transportation related noise sources such as outdoor recreation people, machinery, commercial and industrial activities. The Noise Ordinance does not apply to motor vehicle noise on public streets or to the railroad lines. The Noise Ordinance is designed to protect residential areas (or other noise sensitive land uses such as hospitals, convalescent homes, etc.) from stationary noise sources. Land uses are determined by their actual use and not by the current zoning designation. All new noise sources would be required to comply with the Noise Ordinance criteria at the time of construction. Existing noise sources would be given a two (2) year period to achieve consistency with the ordinance. The Noise Ordinance compliance and enforcement shall be designed for easy application by City staff. MOORPAM NOISE ELEMENT - 18Dec9711:14 PM PAGE 26 0 () C01 aQ TABLE 1 - LAND USEMOISE MATRIX LAND USE CATEGORIES COMMUNITY NOISE EQUIVALENT LEVEL CNEL CATS =ORI .S USES 5 U ZQ 7- 1 $�2 RESIDENTIAL Single Family, Duplex, A A B B C D D Multiple Family RESIDENTIAL Mobile Home A A B C C D D COMMERCIAL Hotel, Motel, Transient Lodging A A B B C C D Regional, District COMMERCIAL Regional village District, §pecia! Commercial Retail, Bank Restaurant, Movie Theatre A A A A B B C COMMERCIAL Office Building, Research and INDUSTRIAL Developmatt, Professional A A A B B C D INSTITUTIONAL Offices, City Office Building COMMERCIAL Amphitheatre. Concert Hall Recreation Auditorium, Meeting Hall B B C C D D D INSTITUTIONAL Civic Center Children Amusement Park, COMMERCIAL Miniature Golf Course, Go-cart Track, Recreation Equestrian Center, Sports Club A A A B B D D COMMERCIAL Automobile Service Station,. Auto General, Special Dealership, Manufacturing, A A A A B B B INDUSTRlAL,INSTITUTIONAL Warehousing, Wholesale, Utilities INSTITI TONAL Hospital, Church, Library A A B C C D D Schools' Classroom OPEN SPACE Parks A A A B C D D Golf Course, Cemeteries, OPEN SPACE Nature CentersWildlifeReserves, A A A A B C C Wildlife Habitat AGRICUL'T'URE Agriculture A A A A A A A INTERPRETATION ZONE A Specified land use is satisfactory, based upon the assumption that any CLEARLY COMPATIBLE buildings involved are of normal conventional construction without any special noise insulation requirements. ZONE B New construction or development should be undertaken only after detailed NORMALLY COMPATIBLE analysis of the noise reduction requirements are made and needed noise insulation features in the design are determined. Conventional construction, with closed windows and fresh air supply systems or air conditioning, will normally suffice. ZONE C New construction or development should generally be discouraged. If new NORMALLY INCOMPATIBLE construction or development does proceed, a detailed analysis of noise reduction requirements must be made and needed noise insulation features included in the design ZONE D New construction or development should generally not be undertaken. CLEARLY INCOMPATIBLE 0C, 031 arooxr" raise Er"Mff PAGE 27 TABLE 2 - NOISE STANDARDS LAND USE CATEGORIES ENERGY AVERAGE CNEL CATF.GORT �.S 1SFS 2 INTERIOR EXTERIOR RESIDENTIAL Sin& Family. Two Family, Multiple Family 45 ] 55` 65 Mobile Home — 65 s COMMERCIAL Hotel, Motel, Transient Lodging 45 65 6 INDUSTRIAL INS ITIVITONAL Commercial Retail, Beat Restaruant SS — Of m Building. Research and Davelopmak Prorusional 50 ---- Amphitheatre, Concert Hall 45 — Auditaium. Meeting Hall Gymnasium (Muldparpose) 50 — Spats Club 55 — Mudwturing, warehoti ft 65 — Wholesale, Utilities Movie'lbewes 45 — INSTITUTIONAL TI ZONAL Hospital, Schools' classroom 45 65 Church, L ibcary 45 — OPEN SPACE Parts 65 INTERPRETATION I. Indoor environment excluding: Bathrooms, toilets, closets, corridors. 2. Outdoor environment limited to Private yard of single family MaId-family private patio or balcony which is served by a means of exit from inside. Mobile home Paris Hospital patio Park's Picric area School's playground Hotel and motel recreation area 3. Noise level requirement with closed windows. Mechanical ventilating systeem or other means of natural ventilation, shall be provided as of Chapter lZ Section 1205 of UBC. 4 Noise level req with open windows, if they ate used to moet natural veatgatim requirement 5. Exterior noise feed should be such that interior noise level will not exceed 4S CNEr- 6. Except dK" ate" atom.& the airport within the 65 CNEL contour. SOURCE: Menus Gave Associates MOORPARK NOISE ErEAffNr 0000%-1- PAGE 28 CITY OF MOORPARK TECHNICAL APPENDICES FOR THE GENERAL PLAN NOISE ELEMENT November 1994 Prepared by: Mestre Greve Associates 280 Newport Center Drive Suite 230 Newport Beach, CA 92660 (714) 760 -0891 00C()aai TABLE OF CONTENTS APPENDIX A - TECHNICAL DATA 1.0 Noise Element Requirement s .................................. ............................A -1 2.0 Background on Noise .......................................... ............................A -2 3.0 Methodology .................................................... ...........................A -11 4.0 Results ........................................................... ...........................A -16 APPENDIX B - RECOMMENDATIONS 1.0 Refinement in Language of Policy 4 in Existing Noise Element ......................B -1 2.0 Adoption of Noise Standards for All Noise Sensitive Land Uses .....................B -1 3.0 Enforceable City Noise Ordinance ............................ ............................B -3 4.0 Review and Amend Rules Governing the Use of Roadway Improvement Funds ..B -6 5.0 Work with Caltrans on Improving State Highway 118 ..... ............................B -7 6.0 More Stringent Enforcement of Title 24 Regulations ....... ............................B -7 APPENDIX C - GLOSSARY Glossary................................................................ ............................0 -1 LIST OF EXHIBITS Exhibit1 ............................................................... ................................ A -3 Exhibit2 ................................................................... ............................A -5 Exhibit3 ......................................... ............................... ....................A -8 Exhibit4........... ..................................................... ............................A -9 Exhibit5 .................................................................. ...........................A -10 Exhibit6 .................................................................. ...........................A -12 Exhibit7 .................................................................. ...........................A -13 Exhibit8 .................................................................. ...........................A -14 Exhibit9 .................................................................. ...........................A -15 Exhibit10 ................................................................. ...........................A -25 Exhibit11 ........................................... ............................... ...............A -26 Exhibit12 ................................................................. ............................B -2 APPENDIX A TECHNICAL DATA CITY OF MOORPARK NOISE ELEMENT CITY OF MOORPARK NOISE ELEMENT TECHNICAL APPENDIX 1.0 NOISE ELEMENT REQUIREMENTS The State of California has mandated that each county and city prepare a Noise Element as pan of its General Plan. Section 65302(f) of the California Government Code specifically requires: (f) A Noise Element shall identify and appraise noise problems in the community. The noise element shall recognize the guidelines established by the Office of Noise Control in the State Departmentof Health Services and shall analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources: 1. Highways and freeways. 2. Primary arterials and major local streets. 3. Passenger and freight on -line railroad operations and ground rapid transit systems. 4. Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation. S. Local industrial plants, including, but not limited to, railroad classification yards. 6. Other ground stationary noise sources identified by local agencies as contributing to the community noise environment. Noise contours shall be shown for all of the sources and stated in terms of community noise equivalent level (CNEL) or day -night average level (LDN). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in paragraphs (1) to (6), inclusive. The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise. The Noise Element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the state's noise insulation standards. CITY OF MOORPARK NOISE ELEMENT TECHNICAL APPENDIX PAGE A - 1 3 E Appendix A of the State of California General Plan Guidelines (The State Guidelines for Preparation and Content of Noise Elements of the General Plan) indicates that the Noise Element should present the noise environment in terms of noise contours. For those areas identified as containing noise - sensitive facilities, the noise environment is determined by monitoring. The purpose of this Technical Appendix is to provide background and supporting information for the City of Moorpark Noise Element. This Appendix contains background information on noise, information on the health effects of noise, noise assessment criteria, methodology in determining the noise environment, measurement and modeling results, and a glossary (beginning on page C -1). 2.0 BACKGROUND ON NOISE 2.1 Noise Definitions Sound is technically described in terms of the loudness (amplitude) and frequency (pitch) of the sound. The standard unit of measurement of the loudness of sound is the Decibel (dB). Since the human ear is not equally sensitive to sound at all frequencies, a special frequency- dependent rating scale has been devised to relate noise to human sensitivity. The A- weighted decibel scale (dBA) performs this compensation by discriminating against frequencies in a manner approximating the sensitivity of the human ear. Decibels are based on the logarithmic scale. The logarithmic scale compresses the wide range in sound pressure levels to a more usable range of numbers in a manner similar to the way that the Richter scale is used to measure earthquakes. In terms of human response to noise, a sound 10 dBA higher than another is judged to be twice as loud; and 20 dBA higher four times as loud; and so forth. Everyday sounds normally range from 30 dB (very quiet) to 100 dB (very loud). Examples of various sound levels in different environments are shown in Exhibit 1. Sound levels decrease as a function of distance from the source as a result of wave divergence, atmospheric absorption, and ground attenuation. As the sound wave form travels away from the source, the sound energy is spread over a greater area, dispersing the sound power of the wave. Atmospheric absorption also influences the levels that are received by the observer. The greater the distance traveled, the greater the influence and the resultant fluctuations. The degree of absorption is a function of the frequency of the sound as well as the humidity and temperature of the air. Turbulence and gradients of wind, temperature and humidity also play a CR7 OF MOORPARK NOISE ELEMENT TECHNICAL APPENDIX PAGE A - 2 ., significant role in determining the degree of attenuation. Noise has been defined as unwanted sound and it is known to have several adverse effects on people. From these known effects of noise, criteria have been established to help protect the public health and safety and prevent disruption of certain human activities. This criteria is based on such known effects of noise on people as hearing loss (not generally a factor with community noise), communication interference, sleep interference, physiological responses and annoyance. Each of these potential noise impacts on people are briefly discussed in the following narratives: HEARING LOSS is, in general, not a concern in community noise problems. The potential for noise - induced hearing loss is more commonly associated with occupational noise exposures in heavy industry or very noisy work environments with long -term exposure. The Occupational Safety and Health Administration (OSHA) identifies a noise exposure limit of 90 dBA for 8 hours per day to protect from hearing loss. Noise levels in neighborhoods, even in very noisy airport environments near major international airports, is not sufficiently loud to cause hearing loss. COMMUNICATION INTERFERENCE is one of the primary concerns in environmental noise problems. Communication interference includes interference with speech and activities such as watching television. Normal conversational speech is in the range of 60 to 65 dBA and any noise in this range or louder may interfere with speech. There are specific methods of describing speech interference as a function of distance between speaker and listener and voice level. Exhibit 2 shows the percent of sentence intelligibility with respect to various noise levels. SLEEP INTERFERENCE is a major noise concern in noise assessment and, of course, is most critical during nighttime hours. Sleep disturbance is one of the major causes of annoyance due to community noise. Noise can make it difficult to fall asleep, and can create momentary disturbances of natural sleep patterns by causing shifts from deep to lighter stages and cause awakening. Noise may even cause awakening which a person may or may not be able to recall. Extensive research has been conducted on the effect of noise on sleep disturbance. Recommended values for desired sound levels in residential bedroom space range from 25 to 45 dBA with 35 to 40 dBA being the norm. The National Association of Noise Control Officials have published data on the probability of sleep disturbance with various single event noise levels. Based on experimental sleep data as related to noise exposure, a 75 dBA interior noise level event will cause noise induced awakening in 30 percent of the cases. PHYSIOLOGICAL RESPONSES are those treasurable effects of noise on people which are realized as changes in pulse rate, blood pressure, etc. While such effects can be induced and observed, the extent is not known to which these physiological responses cause harm or are a sign of harm. Generally, physiological responses are a CITY OF MOORPARK NOISE ELEMENT TECHNICAL APPENDIX PAGE A - 4 120 x .9110 M O z O O a v U a m 3 s 100 80 70 60 50 AREA OF NEARLY COMMUNICATION IMPOSSIBLE COMMUNICAT DIFFICULT fZ�I►�►�T��1 MAXP V 1-1 VOCAL EFFORT ELEVATED VOICE LEVEL 0 5 10 15 20 25 30 TALKER TO LISTENER DISTANCE IN FEET 00U4() Exhibit 2 MEWRE GREVE ASSOCIATES I Noise Level vs. Speech Intelligibility reaction to a loud short term noise such as a rifle shot or a very loud jet overflight. ANNOYANCE is a very individual characteristic and can vary widely from person to person. What one person considers tolerable can be quite unbearable to another of equal hearing capability. The level of annoyance, of course, depends on the characteristics of the noise (i.e.; loudness, frequency spectra, time, and duration), and how much activity interference (e.g. speech interference and sleep interference) results from the noise. However, the level of annoyance is also a function of the attitude of the receiver. Personal sensitivity to noise varies widely. It has been estimated that 2 to 10 percent of the population is highly susceptible to noise that they themselves did not generate, while approximately 20 percent are unaffected by noise. Attitudes are affected by the relationship between the person and the noise source (Is it our dog barking or the neighbor's dog ?). Whether we believe that someone is trying to abate the noise will also affect our level of annoyance. 2.2 Noise Metric and Assessment Criteria Community noise is generally not a steady state and varies with time. Under conditions of non - steady state noise, some type of statistical metric is necessary in order to quantify noise exposure over a long period of time. Several rating scales have been developed for describing the effects of noise on people. They are designed to account for the above known effects of noise on people. Based on these effects, the observation has been made that the potential for noise to impact people is dependent on the total acoustical energy content of the noise. A number of noise scales have been developed to account for this observation. These scales are: the Equivalent Noise Level (LEQ), the Day Night Noise Level (LDN), and the Community Noise Equivalent Level (CNEL). These scales are described in the following paragraphs. LEQ is the "energy" average noise level during the time period of the sample. It is a number that represents a decibel sound level. This constant sound level would contain an equal amount of energy as a fluctuating sound level over a given period of time. LEQ can be measured for any time period, but is typically measured for 15 minutes, 1 hour or 24- hours. LDN is a 24 -hour, time- weighted annual average noise level. Time - weighted refers to the fact that noise which occurs during certain sensitive time periods is penalized for occurring at these times. In the LDN scale, those events that take place during the night (10 pm to 7 am) are penalized by 10 dB. This penalty was selected to attempt to account for increased human sensitivity to noise during the quieter period of a day, where sleep is the most probable activity. CNEL is similar to the LDN scale except that it includes an additional 5 dBA penalty CITY OF MOORPARK NOISE ELEMENT TECHNICAL APPENDIX PACE A - 6 Table 1 Noise Measurement Results Site Date Time End Leq Lmax 1-1.7 L8.3 L25 L50 L99 1 - Campus Canyon School 51.8 48.2 29- Mar -94 11:00 52.1 67.9 60.7 2 - Flory School 43.7 66.2 29- Mar -94 14:15 50.7 68.1 60.2 3 - Chaparral Middle School 52.1 48.0 15- Mar -94 13:15 62.0 78.0 72.1 4 - Peach Hill School 45.2 55.1 29- Mar -94 14:40 50.8 63.1 59.2 5 - Moorpark High School 45.2 42.7 15- Mar -94 11:20 52.2 64.6 58.7 6 - Moorpark Community High School 29- Mar -94 12:50 52.6 68.9 63.1 7 - Mesa Verde Middle School 60.9 15- Mar -94 9:50 45.7 59.6 54.6 8 - Monte Vista Nature Park 53.8 51.9 15- Mar -94 10:15 56.9 74.6 66.6 9 - City Hall Park 56.7 58.7 15- Mar -94 14:50 63.9 76.0 72.5 10 - Campus Park 64.0 59.1 4- Apr -94 15:45 60.6 69.0 61.1 11 - Paul Griffin Park 46.5 64.1 29- Mar -94 11:25 52.6 58.7 56.4 12 - Future Downtown Park 62.7 55.6 4- Apr -94 15:20 64.3 75.0 69.2 13 - Tierra Rejada West of Mountain Trail 4- Apr -94 13:45 56.1 74.5 62.4 14 - Spring and Second 74.3 71.2 4- Apr -94 14:55 65.3 83.9 75.2 15 - Varsity Park Condo Area 29- Mar -94 12:15 53.7 64.3 59.8 16 - Moorpark Pines Apts 4- Apr -94 14:20 59.3 67.1 65.3 17 - Tierra Rejada Road (Venture Co. Nursery) 15- Mar -94 9:50 62.7 73.2 71.1 18 - Villa Del Arroyo MHP 4- Apr -94 16:05 65.8 81.1 74.0 19 - 6406 Gransen Court 29- Mar -94 11:50 55.4 61.3 59.6 20 - Maureen/Los Angeles 15- Mar -94 11:45 70.6 82.4 78.5 CITY OF MOORPARK NOISE ELEMENT 56.2 51.8 48.2 41.6 52.0 49.4 47.7 43.7 66.2 61.3 54.9 47.1 54.7 52.1 48.0 40.5 55.5 52.5 50.7 45.2 55.1 51.3 49.5 44.5 48.7 45.2 42.7 38.7 60.9 56.6 48.2 34.9 69.4 63.3 59.2 45.3 60.9 59.8 58.7 55.1 55.1 53.8 51.9 47.4 64.0 61.9 60.4 56.7 58.7 54.7 50.1 39.0 69.2 64.0 59.1 45.2 57.4 54.3 51.9 46.5 64.1 60.3 58.8 44.1 68.7 62.7 55.6 39.2 69.4 64.3 57.9 52.7 57.9 56.2 54.8 50.3 74.3 71.2 68.5 55.1 TECHNICAL APPENDIX PAGE A -17 �,� Table 2 Long Term (24 Hour) Noise Measurement Results Site CNEL Long Term 1 - 282 Fremont 70.5 CNEL Long Term 2 - 6485 Westwood 55.0 CNEL Long Term 3 - 489 Cornett 61.5 CNEL Long Term 4 - Walnut Canyon 58.4 CNEL Long Term 5 - 13853 E. Los Angeles 62.6 CNEL Long Term 6 - 13990 Keisha 57.5 CNEL Long Term 7 - 4998 Mira Sol 71.6 CNEL 4.2 Noise Contours The existing and future noise levels in the City were established in terms of the CNEL indices by modeling all of the traffic noise sources for the existing and future traffic and speed characteristics. The results for the roadways are presented in tabularized format in the following tables. The existing contours are presented in Table 3 and the future contours are presented in Table 4. The data in these tables represent the distance from the centerline of the road to the contour value shown. Note that these tables do not include the mitigating effect of noise barriers or topography. The traffic mix assumptions used in this analysis are shown in Table 5. The existing roadway noise contours are shown graphically in Exhibit 10. These contours are based on existing traffic volumes that were determined by traffic counts. The future traffic noise contours are shown graphically in Exhibit 11. These contours are based on projected traffic volumes supplied by the City of Moorpark. CITY OF MOORPARK NOISE ELEMENT TECHNICAL APPENDIX PA' AGE A - 18 t Table 3 Existing Roadway Noise Contours Roadway & Link CAMPUS PARK Princeton to Collins East of Collins LOS ANGELES South of SR -118 POINDEXTER Gabbert to Walnut Canyon HIGH Moorpark to Spring LOS ANGELES (SR -118) West of Gabbert East of Gabbert West of Park Lane Parklane to Moorpark Moorpark to Spring (break in roadway) Spring to SR -23 East of SR -23 NEW LOS ANGELES West of Spring Spring to Science Science to SR -23 TIERRA REJADA Los Angeles to Countrywood Countrywood to Mountain Trail East of Mountain Trail West of Walnut Creek Walnut Creek to Peach Hill Peach Hill to Spring Spring to Science East of Science West of SR -23 East of SR -23 HAPPY CAMP/WALNUT CANYON Casey to Poindexter South of Poindexter MOORPARK North of New Los Angeles South of Tierra Rejada Distance to CNEL Contour from Centerline of Roadway (Feet) 70 CNEL 65 CNEL 60 CNEL 20 42 91 25 53 114 14 30 65 14 30 65 25 53 114 59 127 273 65 139 300 65 139 300 72 155 333 89 191 411 29 63 135 25 53 114 89 191 411 82 177 381 82 177 381 RW 80 172 RW 80 172 RW 80 172 RW 80 172 RW 90 194 RW 105 225 51 109 235 51 109 235 61 131 282 RW 90 194 RW 58 125 RW 72 154 RW 59 127 RW RW 85 CITY OF MOORPARK NOISE ELEMENT TECHNICAL APPENDIX PACE A -19 Table 3 (continued) Existing Roadway Noise Contours Roadway & Link Distance to CNEL Contour from Centerline of Roadway (Feet) 70 CNEL 65 CNEL 60 CNEL SPRING South of High Los Angeles RW 53 114 North of New Los Angeles RW 53 114 South of New Los Angeles RW 63 135 North of Peach Hill RW 63 135 Peach Hill to Barrett RW RW 91 Barrett to Tierra Rejada RW RW 91 PRINCETON Campus Park to D Street RW 52 111 South of SR -118 RW RW 94 COLLINS South of SR -118 RW 55 119 North of SR -118 RW 76 163 TRAIN (Southern Pacific Trans. Co.) 188 405 872 RW - Contour does not extend past the roadway right -of -way. CITY OF MOORPARK NOISE ELEMENT TECHNICAL APPENDIX PAGE A - 2 0 Table 4 Future Roadway Noise Contours Roadway & Link Distance to CNEL Contour from Centerline of Roadway (Feet) 70 CNEL 65 CNEL 60 CNEL BROADWAY West of Shekell RW RW 65 East of Shekell RW RW 79 West of Grimes Canyon RW RW 31 Grimes Canyon to Happy Camp RW RW 103 Happy Camp to SR -23 RW 67 145 East of SR -23 RW 96 206 East east SR -23 RW 67 145 North of SR -118 RW 92 198 CAMPUS PARK West of Princeton RW RW 65 Princeton to Collins RW 63 135 East of Collins RW 92 198 DSTREET SR -23 to Princeton RW RW 53 STATE ROUTE 118 West of Grimes Canyon 140 302 650 Grimes Canyon to Hitch 137 294 634 East of Hitch 143 309 665 North of Los Angeles log 233 502 West of Gabbert 96 208 447 East of Gabbert 116 249 536 West of Walnut Canyon 119 257 553 Walnut Canyon to SR -23 143 309 665 SR -23 to Princeton 130 280 602 Princeton to Collins 270 582 1253 East of Collins 270 582 1253 LOS ANGELES South of SR -118 RW 58 125 CASEY Gabbert to Walnut Canyon RW 25 53 POINDEXTER Gabbert to Walnut Canyon RW 25 53 HIGH Moorpark to Spring RW 58 125 RW - Contour does not extend past the roadway right -of -way CITY OFMOORPARK NOISE ELEMENT `t� TECHNICAL APPENDIX PAGE A - 21 (JUN-10 Table 4 (continued) Future Roadway Noise Contours Roadway & Link Distance to CNEL Contour from Centerline of Roadway (Feet) 70 CNEL 65 CNEL 60 CNEL LOS ANGELES East of SR -118 61 131 282 West of Gabbert 63 135 291 East of Gabbert 77 166 358 West of Park Lane 85 184 396 Parklane to Moorpark 82 177 381 East of Moorpark 99 214 462 West of Spring 108 233 503 (break in roadway) Spring to SR -23 RW RW 103 East of SR -23 RW RW 91 NEW LOS ANGELES Spring to Science 99 214 462 Science to SR -23 102 221 476 PEACH HILL Tierra Rejada to Mesa Verde RW RW RW West of Spring RW RW 94 East of Spring RW RW 53 CHRISTIAN/BARRETT Peach Hill to Spring RW RW J3 TIERRA REJADA Los Angeles to Countrywood 57 122 264 Countrywood to Mountain Trail 51 109 235 East of Mountain Trail 35 74 160 West of Walnut Creek 32 69 148 Walnut Creek to Peach Hill 42 90 194 Peach Hill to Spring 51 109 235 Spring to Science 55 118 254 East of Science 66 143 308 West of SR -23 74 159 342 East of SR -23 53 114 245 COUNIRYWOOD West of Tierra Rejada RW RW RW MOUNTAIN TRAIL Northeast of Tierra Rejada RW RW RW Southwest of Tierra Rejada RW RW 75 MOUNTAIN MEADOW North of Tierra Rejada RW RW RW South of Tierra Rejada RW RW RW RW - Contour does not extend past the roadway right -of -way. CITY OF MOORPARK NOISE ELEMENT TECIINICAL APPENDIX PAGE A - 2 2 00( 6A e, Table 4 (continued) Future Roadway Noise Contours Roadway & Link WALNUT CREEK North of Tierra Rejada South of Tierra Rejada SHEKELL Broadway to Grimes Canyon GRIMES CANYON Broadway to Shekell Broadway to C Street South of C Street North of S R -118 HITCH South of SR -118 HAPPY CAMP/WALNUT CANYON North of Broadway Broadway to C Street C Street to SR -118 S R -118 to Casey Casey to Poindexter South of Poindexter MOORPA RK North of New Los Angeles South of Tierra Rejada SPRING South of SR -118 North of High/Los Angeles South of High/Los Angeles North of New Los Angeles South of New Los Angeles North of Peach Hill Peach Hill to Barrett Barrett to Tierra Rejada SCIENCE South of New Los Angeles North of Peach Hill Peach Hill to Tierra Rejada Distance to CNEL Contour from Centerline of Roadway (Feet) 70 CNEL 65 CNEL 60 CNEL RW RW RW RW RW RW RW RW RW RW RW 91 RW RW 79 RW RW 65 RW RW RW RW RW 53 RW 58 125 RW RW 79 RW RW 79 RW RW 79 RW RW 103 RW 72 154 RW 66 142 RW 55 119 RW 72 154 RW 67 145 RW 80 172 RW 84 181 RW 80 172 RW 67 145 RW RW 91 RW RW 103 RW 124 267 RW RW 103 RW 58 125 RW - Contour does not extend past the roadway right -of -way. CITY OF MOORPARK NOISE ELEMENT TECHNICAL APPENDIX PACE A - 23 Table 4 (continued) Future Roadway Noise Contours Roadway & Link Distance to CNEL Contour from Centerline of Roadway (Feet) 70 CNEL 65 CNEL 60 CNEL STATE ROUTE 23 South of Broadway 112 241 519 C Street to D Street 119 257 553 D Street to SR -118 108 233 502 South of SR -118 75 162 348 North of New Los Angeles 233 501 1080 New Los Angeles to Tierra Rejada 238 512 1104 South of Tierra Rejada 253 545 1174 PRINCETON Campus Park to D Street RW 62 135 South of SR -118 RW RW 103 COLLINS South of SR -118 RW 62 135 North of SR-118 52 113 243 RW - Contour does not extend past the roadway right -of -way c �I- CITY OF MOORPARK NOISE ELEMENT TECHNICAL APPENDIX PACE A - 24 for events that occur during the evening (7 pm to 10 pm) time period. Either LDN or CNEL may be used to identify community noise impacts within the Noise Element. Example noise environments in terms of the CNEL metric are shown in Exhibit 3. The public reaction to different noise levels varies from community to community. Extensive research has been conducted on human responses to exposure of different levels of noise. Exhibit 4 relates LDN noise levels to community response from some of these surveys. Community noise standards are derived from tradeoffs between community response surveys and economic considerations for achieving these levels. Intermittent or occasional noise such as those associated with stationary noise sources is not of sufficient volume to exceed community noise standards that are based on a time averaged scale such as the CNEL scale. To account for intermittent noise, another method to characterize noise is the Percent Noise Level (L %). The Percent Noise Level is the level exceeded X% of the time during the measurement period. Percent Noise Levels are another method of characterizing ambient noise where, for example, L90 is the noise level exceeded 90 percent of the time, L50 is the level exceeded 50 percent of the time, and L 10 is the level exceeded 10 percent of the time. L90 represents the background or minimum noise level, L50 represents the average noise level, and L 10 the peak or intrusive noise levels. Examples of various noise environments in terms of the Percent Noise Levels are shown in Exhibit 5. Noise Ordinances are typically specified in terms of the Percent Noise Levels. Ordinances are designed to protect people from non - transportation related noise sources such as loud music, machinery and vehicular traffic on private property. Noise Ordinances apply to motor vehicle noise on public streets or other transportation - related noise sources that are not preempted by State or Federal government requirements. 2.3 Noise and Land Use Compatibility Guidelines The purpose of this section is to present information regarding the compatibility of various land uses with environmental noise. It is from these guidelines and standards that the City of Moorpark Noise Criteria and Standards will be developed. Noise/land use guidelines have been produced by a number of Federal and State agencies including the Federal Highway Administration, the Environmental Protection Agency, the Department of Housing and Urban Development, the American National Standards Institute and the State of California. These guidelines, presented in the following paragraphs, are all based upon cumulative noise criteria such as LEQ, LDN or CNEL. CITY OF MOORPARK NOISE ELEMENT TECHNICAL APPENDIX PAGE A - 7 CNEL Outdoor Location Apartment Next to Freeway 3/4 Mile From Touchdown at Major Airport Downtown With Some Construction Activity Urban High Density Apartment Urban Row Housing on Major Avenue Old Urban Residential Area Wooded Residential Agricultural Crop Land Rural Residential a---- Wilderness Ambient +.HOC Exhibit 3 MZ-ME GRM AssOCMTW -1 Noise Environments in Terms of the CNU Metric COMMUNITY REACTION VIGOROUS COMMUNITY ACTION SEVERAL THREATS OF LEGAL ACTION, OR STRONG APPEALS TO LOCAL OFFICIALS TO STOP NOISE WMESPREAD COMPL kINTS OR SLNGLE THREAT OF LEGAL ACTION SPORADIC COMPLAINTS NO REACTION. ALTHOUGH NOISE IS GENERALLY Nar)CFABLE ENVELOPE OF 90% OF DATA DATA NORMALIZED TO: - URBAN RESIDENTIAL AMBIENT NOISE - SOME PRIOR EXPOSURE - WINDOWS PARTIALLY OPEN - NO PURE TONE OR IMPULSES 45 50 55 60 65 70 75 80 85 90 COMMUNITY NOISE EQUIVALENT LEVEL IN dB 00ck"01Y Exhibit 4 MESTRE GREYS ASSOCIATES Community Response to Ldn Noise Levels A 3rd Floor Apartment, Next to Freeway B 3rd Floor M -Rise, Downtown Los Angeles C 2nd Floor Tenement, New York City D Urban Shopping Center E Popular Beach on Pacific Ocean F Urban Residential Near Major Airport G Urban Residential Near Ocean H Urban Residential Smi. to Airport I Suburban Residential Near RJR Tracks J Urban Residential H Urban Residential Near Small Airport L Old Residential Near City Center M Suburban Residential at City Outskirts N Small Town Residential Cul- de-Sac O Small Town Residential Main Street X94 Str" T came P Suburban Residential in Hill Canyon Canyon Tramp Q Farm Valley R Grand Canyon, North Rim — S409wa ag NtenA Sound Level (dBA) 20 30 40 M 60 M SOURCE: Community Noise, EPA, 1971 c..ana: SO Pareaot d Data 1, -W T40 " " 301 Exhibit 5 MESTRE GREYS ASSOCIATES I Noise Environments in Terms of Percent Noise Levels In March 1974, the ENVIRONMENTAL PROTECTION AGENCY published a document entitled "Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare With an Adequate Margin of Safety" (EPA 550/9 -74 -004). Exhibit 6 presents a table of land uses and requisite noise levels. In this table, 55 LDN is described as the requisite level with an adequate margin of safety for areas with outdoor uses; this includes residences and recreational areas. The EPA "levels document" does not constitute a standard, specification or regulation, but identifies safe levels of environmental noise exposure without consideration for economic cost for achieving these levels. The FEDERAL HIGHWAY ADMINISTRATION (FHWA) has adopted and published noise abatement criteria for highway construction projects. The noise abatement criteria specified by the FHWA are presented in Exhibit 7 in terms of the maximum one -hour Noise Equivalent Level (LEQ). The FHWA noise abatement criteria basically establishes an exterior noise goal for residential land uses of 67 LEQ and an interior goal for residences of 52 LEQ. The noise abatement criteria applies to private yard areas and assumes that typical wood frame homes, with windows open, provide a 10 dB noise reduction (outdoor to indoor) and a 20 dB noise reduction with windows closed. The STATE OF CALIFORNIA requires each city and county to adopt a Noise Element for inclusion in their General Plans. The Noise Element must contain a noise/land use compatibility matrix. A recommended (but not mandatory) matrix is presented in the "Guidelines for the Preparation and Content of Noise Elements of the General Plan," (Office of Noise Control, California Department of Health, February 1976). Exhibit 8 presents this recommended matrix. 3.0 METHODOLOGY The noise environment in Moorpark was modeled using a comprehensive noise measurement survey of existing noise sources and incorporating these results into computer noise models (it is, of course, impossible to measure future noise levels so we must rely on computer noise models for future noise estimates). The noise environment is commonly presented graphically in terms of lines of equal noise levels, or contours. The following paragraphs detail the methodology used in the measurements and modeling. 3.1 Measurement Procedure Twenty-seven sites were selected for measurement of the noise environment in Moorpark. A review of noise complaints and identification of major noise sources in the community provided the initial base for development of the community noise survey. The measurement locations were selected on the basis of proximity to major noise sources and noise sensitivity of the land use. The measurement locations are depicted in Exhibit 9. CnT OF MOORPARK NOISE ELEMENT TECHNICAL APPENDIX PAGE A -1 I ACTIVITY DESIGN NOISE DESCRIPTION OF ACTIVITY CATEGORY CATEGORY LEVEL - LEQ A 57 Tracts of land in which serenity and quiet are of (Exterior) extraordinary significance and serve an important public need and where the preservation of those qualities is essential if the area is to continue to serve its intended purpose. Such areas could include amphitheaters, particular parks or portions of open spaces, or historic districts which are dedicated or recognized by appropriate local officials for activities requiring special qualities of serenity and quiet. B 67 Picnic areas, recreation areas, playgrounds, active (Exterior) sports areas and parks which are not included in category A and residences, motels, hotels, public meeting rooms, schools, churches, libraries, and hospitals. C 72 Developed lands, properties, or activities not included (Exterior) in Category A or B above. D - For requirements of undeveloped lands see FHWA PPM 773. E 52 Residences, motels, hotels, public meeting rooms, (Interior) schools, churches, libraries, hospitals, and auditoriums. Exhibit 7 MMTRE CREPE AMCIAM I FHWA Noise Abatement Criteria Land Use Category Community Noise Exposure Ldn or CNEL, dB 55 60 65 70 75 80 Residential - Low Density Single Family, Duplex. Mobile Homes Residential - Multiple Family Transient Lodging - Motels, Hotels Schools. Libraries. Churches Hospitals, Nursing Homes Auditoriums, Concert Has. Amphitheatres Sports Aram Outdoor Spectator sports I I WOKAP Playgrounds, Neighborhood Parb 4 Golf Courses. Riding Stables Water Recreation. Cemeteries Office Buildings. Business Commercial and Residential W Industrial. Manufwwring utilities Agriculture M Normally Acceptable Specified Land Use is satisfactory. Based Upon the Assumption that Any Buildings Involved are of Normal Conventional Construction, Without Any Special Noise Insulation Requirements. M Conditionally Acceptable New Construction or Development Should be Undertaken only After a Detailed Analysis of the Noise Reduction Requirement is Made and Needed None Insulation Features Included in the Design. Conventional Construction. but with Closed Windows and Fresh Air Supply Systems or Air Conditioning. Will Normally Suffice. = Normally Unacceptable New Construction or Development Should Generally be Discouraged. If New Construction or Development Does Proceed, a Detailed Analysis of the Noise Reduction Requirements Must be Made and Needed Noise Insulation Features Included in the Design. = Clearly Unacceptable Now Construction cc Development Should Generally not be Undertaken. Exhibit 8 METrRE GREVE AssOC44M I Noise/Land Use Compatibility Matrix ,"HOME 'ACRES' ---- ------ --------------- ---------- . L .L --------------- --J-7 - - - - - - %3 i ------------ `_- _- _ +___ -1A -- I I... The Moorpark Noise Element measurement survey utilized the Bruel & Kjxr automated digital noise data acquisition systems for short -term (15 minute) LEQ readings and long term (24 hour) readings. This instrument automatically calculates both the Equivalent Noise Level (LEQ) and Percent Noise Level (L %) for any specific time period. The noise monitors were equipped with a Bruel & Kj�er 1/2 inch electret microphone and was calibrated with a Bruel & Kjxr calibrator with calibrations traceable to the National Bureau of Standards. Calibration for the calibrators are certified through the duration of the measurements by Bruel & Kjxr. This measurement system satisfies the ANSI (American National Standards Institute) Standards for Type 1 precision noise measurement instrumentation. 3.2 Computer Modeling The traffic noise levels projected in the Noise Element were computed using the Highway Noise Model published by the Federal Highway Administration ( "FHWA Highway Traffic Noise Prediction Model," FHWA -RD -77 -108, December 1978). The FHWA Model uses traffic volume, vehicle mix, vehicle speed, and roadway geometry to compute LEQ noise levels. A computer code has been written which computes equivalent noise levels for each of the time periods used in CNEL. Weighting and summing the noise levels results in the CNEL for the traffic projections used. The traffic data used to project these noise levels are derived from the City of Moorpark's General Plan Circulation Element. The traffic mix data (i.e., the vehicle makeup of the traffic on the roadways in terms of percentages of cars, medium trucks, and heavy trucks) for the arterials are based upon surveys (conducted by the County of Orange) of roadways in Southern California. The traffic mix information is considered typical for arterials in the Southern California area and is applicable to the City of Moorpark. 4.0 RESULTS 4.1 Measurement Results The noise measurement program was conducted over a period of three days. The survey was taken on March 15th, March 29th, and on April 4th, 1994, at 27 locations throughout the City. The results of the ambient short -term noise measurements at each site are shown in Table 1. The results of the long term measurements are shown in Table 2; this table also shows the date and time of the measurements. The quantities measured were the Equivalent Noise Level (Leq), the maximum noise level (Lmax) and the Percent Noise Levels (L %). CITY OF MOORPARK NOISE ELEMENT TECHNICAL APPENDIX PAGE A - 16 0 0 0 0 1-71 4 -< ---3 - n x A n A A ti O f� H •J r A z 0 y f9 � •': a. � A f ORDINANCE NO. 98- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK AMENDING THE MUNICIPAL CODE BY ADDING CHAPTER 17.53 RELATIVE TO LIMITATIONS ON NOISE LEVELS AND THE STANDARDS CONTROLLING NOISE Whereas, on January 12, 1998, the Planning Commission adopted Resolution No. PC -98 -349 recommending to the City Council the adoption of a Noise Ordinance to establish definitions, limits on the decibel level and enforcement procedures to deal with unacceptable levels of noise within the City of Moorpark as part of the implementation of the Noise Element; and Whereas, the Planning Commission on January 12, 1998 conducted a duly noticed hearing to receive testimony in the matter and recommended the City Council make the changes described in the attached Exhibit "A" to the City's Zoning Ordinance to add provisions concerning Noise limitations, standards and enforcement procedures; and Whereas, the City Council opened and closed the public hearing on March 4, 1998; and Whereas, the City Council determined that the addition to the City's Zoning Ordinance is Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3) in that the proposed amendment to the Zoning Ordinance does not have the potential for causing a significant effect on the environment. Now, therefore, the City Council of the City of Moorpark, California, does ordain as follows: Section 1. That the modification to the City's Zoning Ordinance is Exempt from the provisions of the California Environmental Quality Act under CEQA Guidelines Section 15061 (b) (3) since the update to the Noise Element does not have the potential for causing a significant effect on the environment. Section 2. That Chapter 17.53 is hereby added to the Moorpark Municipal Code relating to noise and provisions for its control as D : \lm \97WAYNE \ccord- noiseOrd.wpd /5:36 PM ()0C,0CJa21 found in "Exhibit All attached. Section 3. That if any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, irrespective of the fact that any one or more of these sections may be declared invalid or unconstitutional; and Section 4. This Ordinance shall become effective thirty (30) days after the passage and adoption; and Section 5. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star, a daily newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. Passed, approved and adopted this day of March, 1998. Ayes: Noes: Abstain: Absent: Attest: Deborah S. Traffenstedt City Clerk Patrick Hunter Mayor D:\ lm\ 97WAYNE \ccord- noiseOrd.wpd /S:36 PM 40 U) IN )'i Exh i bi t "A" Chapter 17.53 Noise Ordinance Sections: 17.53.010 Purpose and Intent 17.53.020 Definitions 17.53.030 Duties 17.53.040 Coordination and Cooperation 17.53.050 Inspections 17.53.010 Purpose and Intent In an effort to maintain quiet in those areas which exhibit low noise levels and to help control noise in those areas within the City of Moorpark where noise levels are above acceptable values. 17.53.020 Definitions All terminology used in this ordinance, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body. "A- WEIGHTED SOUND LEVEL" means the sound level in decibels as measured on a sound level meter using the A- weighting network. The level read is designated dB(A) or dB. "AMBIENT NOISE LEVEL" means the composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location. "CONSTRUCTION" means any site preparation, assembly, erection, substantial repair, alteration, or similar action, for or of public or private rights -of -way, structures, utilities or similar property. "CUMULATIVE PERIOD" means a period of time composed of individual time segments which may be continuous or interrupted. "DECIBEL" means a unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals. Page 1 of 19 tit��t�fi�f�Ffl���z9dPA "DEMOLITION" means any dismantling, intentional destruction or removal of structures, utilities, public or private right -of -way surfaces, or similar property. "EMERGENCY WORK" any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. "FIXED NOISE SOURCE" means a stationary device which creates sounds while fixed or motionless, including but not limited to, residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration equipment. "IMPULSIVE SOUND" means a sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms. "INTRUSIVE NOISE" means that noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence and tonal or informational content as well as the prevailing ambient noise level. "PERMIT" means the possession of a permit issued by the City of Moorpark; or, where no permits are issued, the sanctioning of the activity by the jurisdiction as noted in a public record. "MOBILE NOISE SOURCE" means any noise source other than a fixed noise source. "MOTOR VEHICLE" means a motor vehicle which shall include any and all self - propelled vehicles as defined in the California Motor Vehicle Code, including all on- highway type motor vehicles subject to registration under said Code, and all off - highway type motor vehicles subject to identification under said Code. "MUFFLER OR SOUND DISSIPATIVE DEVICE" means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reducing noise. "NOISE CONTROL OFFICE(R) (NCO)" refers to the Director of Community Development or his designee. "NOISE DISTURBANCE" means any sound which, as judged by the Director of Community Development, (a) endangers or injures the safety or health of human beings or animals, or (b) annoys or disturbs reasonable persons of normal sensitivities, or (C) endangers or injures personal or real property, or (d) violates the factors set forth in this ordinance. Compliance with the quantitative standards as listed herein shall constitute elimination of a noise disturbance. Page 2 of 19 D :VminoiseelementW- 533- 4ccrptwpd120Feb98 /12:41 PM "NOISE SENSITIVE ZONE" means any land use (le: residential development) or designated geographic area (ie. hospital complex) where "intrusive noise" is, incompatible with the conduct of the noise sensitive uses or constitutes a "noise disturbance" for residents or workers. "POWERED MODEL VEHICLE" means any self - propelled waterborne or, airborne, land borne plane, vessel, or vehicle, which is not designed to carry persons, including but not limited to, any model airplane, boat, car, or rocket. "PUBLIC RIGHT -OF -WAY" means any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity. "PUBLIC SPACE" means any real property or structures thereon which are owned or controlled by a governmental entity. "PURE TONE" means any sound which can be judged as audible as a single pitch or a set of single pitches by the Director of Community Development. For the purposes of this ordinance, a pure tone shall exist if the one -third octave band sound pressure level in the band width where the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one -third octave bands by 5 dB(A) for center frequencies of 500 Hz and above and by 8 dB(A )or center frequencies between 160 and 400 Hz and by 15 dB(A) for center frequencies less than or equal to 125 Hz. "REAL PROPERTY BOUNDARY" means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra - building real property divisions. "SOUND AMPLIFYING EQUIPMENT" means any device for the amplification of the human voice, music, or any other sound, excluding standard automobile radios when used and heard only by the occupants of the vehicle in which the radio is installed, and, as used in this chapter, warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes. "SOUND LEVEL METER" means an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for type S2A meters in American National Standards Institute specifications for sound level meters, or the most recent revision thereof. "SOUND TRUCK" means any motor vehicle, or any other vehicle, regardless of motor power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment. "WEEKDAY" means any day, Monday through Friday, which is not a legal holiday. Page 3 of 19 D:11minoiseelement117- 533- 4ccrpt.wpd120Feb98 111:41 PM 17.53.030 Duties I. General. Designated Duties of the Director of Community Development as the Noise Control Officer A. Lead Official. The noise control program established by this ordinance shall be administered by the City of Moorpark Director of Community Development or his/her designee. B. Powers. In order to implement and enforce this ordinance and for the general purpose of noise abatement and control, the Director of Community Development shall have, in addition to any other authority vested in it, the power to: 1. Conduct, or cause to be conducted, studies, research, and monitoring related to noise, including joint cooperative investigation with public or private agencies, and the application for, and acceptance of, grants; 2. Conduct programs of public education regarding: a. The cause, effects of noise and general methods of abatement and control of noise; and b. The actions prohibited by this ordinance and the procedures for reporting violations; and C. Encourage the participation of public interest groups in related public information efforts. d. Develop measurement standards and procedures which will further the purposes of this ordinance. e. Develop administrative procedures which will provide for effective enforcement of this ordinance. f. Under the provisions of this ordinance, investigate and pursue possible violations of this ordinance. g. Delegate functions, where appropriate under this ordinance, to personnel under the Director of Community Development and to other departments, subject to the approval of the City Council. Page 4 of 19 D IIminoiseelemenh17- 533- 4rcrptwpd120Feb98 112:4! PM 60OW_1 17.53.040 Coordination and Cooperation I. General. The most effective enforcement of the provisions of this section will occur through the following: A. Coordinate the noise control activities of all municipal departments. B. Cooperate where practicable with all appropriate State and Federal agencies. C. Cooperate where practicable with appropriate county and municipal agencies. D. Enter into contracts with the approval of the City Council for the provision of technical and enforcement services. E. Actions of other departments: Request any other department or agency responsible for a proposed or final standard, regulation or similar action to consult on the advisability of revising the action, if there is reason to believe that the action is not consistent with this ordinance. F. Public and private projects: On all public and private projects which are likely to cause noise in violation of this ordinance and which are subject to mandatory review or approval by other departments: 1. Review for compliance with the intent and provisions of this ordinance. 2. Require sound analysis which identify existing and projected noise sources and associated noise levels. 3. Require the use of adequate measures to avoid violation of any provision of this ordinance. 17.53.050 Inspections Upon presentation of proper credentials, enter and/or inspect any private property, place, report, or records at any time when granted permission by the owner, or by some other person with authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of this ordinance may exist. Such inspection may include administration of any necessary tests. Page 5 of 19 D:Ilminoiseelemendl7- 533- 4rcrpt.wpd/20Feb98 /12:41 PM 17.53.060 Discretionary Actions I. General. Prior to the approval of any discretionary permit which may authorize development of a noise sensitive land use or a land use that may generate noise beyond the maximum acceptable levels contained herein the City Council shall: A. Review the noise impact of the discretionary permit by identifying existing and projected noise generators and the associated sound levels. B. Require the use of adequate control measures on noise generators identified in (1) which will be in violation of any provision of this ordinance. 7.53.070 Noise Measurement Procedures and Noise Limits I. Not withstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to willfully or negligently make or continue; or cause to be made or continued; any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. A. Exterior Noise Limits. Maximum permissible sound levels by receiving land use: Table 1 Exterior Noise Limits Type of Time Allowable Exterior Land Use Interval Noise Level dB(A) Single and Multi - family 10 p.m. - 7 a.m. 55 Residential/Rural 7 a.m. - 10 p.m. 60 Agricultural/Industrial Zones Commercial Office/ 10 p.m. - 7 a.m. 55 Neighborhood 7 a.m. - 10 p.m. 60 General Commercial/ 10 p.m. - 7 a.m. 60 Planned Development 7 a.m. - 10 p.m. 65 Industrial Park All day 65 Limited Industrial All day 70 Page 6 of 19 D:IlmWoiseelementI17- 533- 4ccrpt.wpd/20Feb98 /12:41 PM 0 (10" B. The noise standards for the various categories of land use identified in Table 1 shall, unless otherwise specifically indicated, apply to all such property within a designated zone. C. No person shall operate or cause to be operated, any source of sound at any location within the City Moorpark or 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, either incorporated or unincorporated, to exceed: 1. The noise standard for that land use as specified in Table 1 for a cumulative period of more than 30 minutes in any hour; or 2. The noise standard plus 5 dB for a cumulative period of more than fifteen minutes in any hour; or 3. The noise standard plus 10 dB for a cumulative period of more than five minutes in any hour; or 4. The noise standard plus 15 dB(A) for a cumulative period of more than one (1) minute in any hour; or 5. The noise standard plus 20 dB(A) or the maximum measured ambient level, for any period of time. 6. If the measured ambient level differs from that permissible within any of the first four noise limit categories above, the allowable noise exposure standard shall be adjusted in 5 dB increments in each category as appropriate to encompass or reflect said ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under this category shall be increased to reflect the maximum ambient noise level. D. If the measurement location is on a boundary between two different zones, the noise level limit applicable to the lower noise zone plus 5 dB(A), shall apply. E. If possible, the ambient noise shall be measured at the same location along the property line where the alleged offending noise source is inoperative. If for any reason the alleged offending noise source cannot be shut down, the ambient noise must be estimated by performing a measurement in the same general area of the source but at a sufficient distance such that the noise from the source is at least 10 dB below the ambient in order that only the ambient level be measured. If the difference between the ambient and the noise source is 5 to 10 dB(A), then the level of the Page 7 of 19 D:VminoiseelementW- 533- 4ccrp(.wpd12OFeb98 112:41 PM O A) f ambient itself can be reasonably determined by subtracting a one decibel correction to account for the contribution of the source. F. In the event the alleged offensive noise, as judged by the Director of Community Development contains a steady, audible tone such as a whine, screech, or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech conveying informational content, the standard limits set forth in Table I shall be reduced by 5 dB(A). G. Interior Noise Standards - General. The maximum interior sound levels noted below shall apply to dwellings: 1. The interior noise standards as presented in Table 2 shall apply, unless otherwise specifically indicated, within all dwellings units with windows in their normal seasonal configuration. Table 2 Interior Noise Limits Type of Time Allowable Interior Land Use Interval Noise Level dB(AJ Single and Multi- family 10 p.m.- 7 a.m. 45 Residential 7 a.m. -.10 p.m. 45/55 (windows open) 2. No person shall operate or cause to be operated within a dwelling unit, any source of sound or allow the creation of any noise which causes the noise level when measured inside a neighboring receiving dwelling unit to exceed: a. The noise standard as specified In Table 1 for a cumulative period of more than five minutes in any hour; or b. The noise standard plus 5 dB(A) for a cumulative period of more than one minute in any hour; or c. the noise standard plus 10 dB(A) or the maximum measured ambient, for any period of time. H. If the measured ambient level differs from that permissible within any of the noise limit categories above, the allowable noise exposure standard shall be adjusted in 5 dB(A) increments in each category as appropriate to reflect said ambient noise level. Page 8 of 19 D :Uminoise e1ement117 -53 3- 4ccrpt.wpd11OFeb98 111:41 PM I. Correction for character of sound. In the event the alleged offensive noise, as judged by the Director of Community Development, contains a steady, audible tone such as a whine, screech, or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech conveying informational content, the standard limits set forth in Table 1 shall be reduced by 5 dB. II. The factors which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following: A. The sound level of the objectionable noise. B. The sound level of the ambient noise. C. The proximity of the noise to residential sleeping facilities. D. The nature and zoning of the area within which the noise emanates. E. The number of persons affected by the noise source. F. The time of day or night the noise occurs. G. The duration of the noise and its tonal, informational or musical content. H. Whether the noise is continuous, recurrent, or intermittent. I. Whether the noise is produced by a commercial or non - commercial activity. III. Noise Measurement procedure: Upon receipt of a complaint from a citizen, the Director of Community Development or his /her designee, equipped with sound level measurement equipment shall investigate the complaint. The investigation shall consist of a measurement and the gathering of data to adequately define the noise problem and shall include the following: A. Type of noise source. B. Location of noise source relative to complainant's property. C. Time period during which noise source is considered by complainant to be intrusive. D. Total duration of noise produced by noise source. E. Date and time of noise measurement survey. Page 9 of 19 D:Vminoiseelementl]7- 533- 4ccrpt.wpd12OFeb98 /12:41 PM F. Utilizing the "A" Weighted scale of the sound level meter and the "slow" meter response (use "fast" response for " impulsive sounds "), the noise level shall be measured at a location or locations at any point on the receiver's property. The microphone shall be located four to five feet above the ground and ten feet or more from the nearest reflective surface, where possible. However, in those cases where another elevation is deemed appropriate, the latter criteria shall be utilized. If the noise complaint is related to interior noise levels, interior noise measurements shall be made within the affected residential unit. The measurements shall be made at a point at least four feet from the wall, ceiling, or floor nearest the noise source, with windows in the normal seasonal configuration. Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed immediately prior to recording any noise data. 17.53.080 PROHIBITED ACTS No person shall unnecessarily make, continue, or cause to be made or continued, any noise disturbance. The following acts, and the causing or permitting thereof, are declared to be in violation of this ordinance: A. Radios, television sets, musical instruments and similar devices: Operating, playing or permitting the operation or playing of any radio, television set, stereo or digital equipment, drum, musical instrument, or similar device which produces or reproduces sound: 1. Between the hours of 10 p.m. and 7 a.m. in such a manner as to create a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of Section 17.53.070, except for activities for which a Temporary Use Permit or Conditional Use Permit has been issued by the City. 2. In such a manner as to exceed the levels set forth for public space in Table 1, measured at a distance of at least 50 feet (15 meters) from such device operating on a public right -of -way or public space. 3. Using or operating for any purpose any loudspeaker, loudspeaker system, or similar device between the hours of 10 p.m. and 7 a.m., such that the sound there from creates a noise disturbance across a residential real property line, or at any time violates the provisions of Section 17.53.070, except for any non - commercial public speaking, public assembly or other activity for which a Temporary Use Permit or Conditional Use Permit has been issued by the City. Page 10 of 19 D:11minoise elemental -53 3- 4ccrprwpd110Feb98 111:41 PM 0C� 7 4. Offering for sale, selling anything, or advertising by shouting or outcry within any residential or commercial area of the City except by Temporary Use Permit or Conditional Use Permit issued by the City. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, or other similar licensed public entertainment events. 5. Owning, possessing or harboring any animal or bird which frequently or for long duration, howls, barks, meows, squawks, or makes other sounds which create a noise disturbance across a residential or commercial real property line. 6. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10 p.m. and 7 a.m. in such a manner as to cause a noise disturbance across a residential real property line or at anytime to violate the provisions of Section 17.53.070. 7. Operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work between weekday hours of 7 p.m. and 7 a.m., or at any time on Sundays or holidays, such that the sound there from creates a noise disturbance across a residential or commercial real property line, except for emergency work of public service utilities, city agencies, county agencies, or by Temporary Use Permit issued by the City. (This section shall not apply to the use of domestic power tools as specified in this Section. 8. Noise Restrictions at Affected Properties: Where technically and economically feasible, noise from construction activities shall not exceed those listed in Tables 3 -6 Page 11 of 19 D:Ilminoise element117 -53 3- 4rrrpt.wpd120Feb98 112:41 PM Table 3 Residential Properties - Mobile Equipment Type I Areas Type II Areas Type III Areas Single Family Multi - Family Semi- Residential/ Residential Residential Commercial Daily, except Sundays and Legal 75 dB(A) 80 dB(A) 85 dB(A) Holidays 7 a.m. to 7 p.m. Daily, 7 p.m. to 7 a.m. and all 60 dB(A) 65 dB(A) 70 dB(A) day Sunday and Legal Holidays Maximum noise levels for nonscheduled, intermittent, short-term operation (less than 10 days) of mobile equipment: Table 4 Residential Properties - Stationary Equipment Type I Areas Type II Areas Type III Areas Single Family Multi - Family Semi - Residential/ Residential Residential Commercial Daily, except Sundays and Legal 60 dB(A) 55 dB(A) 70 dB(A) Holidays 7 a.m. to 7 p.m. Daily, 7 p.m. to 7 a.m. and all 50 dB(A) 55 dB(A) 60 dB(A) day Sunday and Legal Holidays Maximum noise levels for repetitively scheduled and relatively long -term operation (periods of 10 days or more) of stationary equipment: Page 12 of 19 D:IIminoise elemenN7 -53 3- 4rrrpt.wpd110Feb98111:41 Pbf C10 ell W Mobile equipment Maximum noise levels for nonscheduled, intermittent, short-term operation of mobile equipment: Daily, including Sundays and Legal Holidays, all hours: maximum of 85 dB(A). Stationarx Equipment Maximum noise levels for repetitively scheduled and relatively long -term operation of stationary equipment: Daily, including Sundays and Legal Holidays, all hours: maximum of 75 dB(A). 9. All mobile or stationary internal combustion engine powered equipment or machinery shall be equipped with suitable exhaust and air intake silencers in proper working order. 10. Operating or permitting the operation of powered model vehicles: a. Between the hours of 7 p.m. and 7 a.m. so as to create a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of this Section. b. In such a manner as to exceed the levels set forth for public space land use in Table 1, measured at a distance not less than 100 feet (30 meters) from any point on the path of a vehicle operating on public space or public right -of- way. C. Stationary non - emergency signaling devices: (1) Sounding or permitting the sounding of any electronically - amplified signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for non - emergency purposes, from any place, for more than 10 seconds in any hourly period. (2) Houses of religious worship shall be exempt from the operation of this provision. (3) Sound sources covered by this provision and not exempted under any other subsection shall be exempted by a Temporary Use Permit or Conditional Use Permit issued by the City. Page 13 of 19 D:llmWoise elemenh]7 -53 3- 4rrrpt.wpd120Feb98 112:41 PM 11-. Emergency signaling devices: a. The intentional sounding or permitting the sounding out doors of any fire, burglar, or alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing. b. Testing of a stationary emergency signaling device shall not occur before 7 a.m. or after 7 p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed 60 seconds. C. Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is terminated within 15 minutes of activation. 12. Domestic power tools, machinery: a. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar tool between 10 p.m. and 7 a.m., so as to create a noise disturbance across a residential or commercial real property line. b. Any motor, machinery, pump, such as swimming pool equipment, etc., shall be sufficiently enclosed or muffled and maintained so as not to create a noise disturbance in accordance with Section 17.53.070. 13. Residential air - conditioning or air - handling equipment: a. Operating or permitting the operation of any air - conditioning or air - handling equipment in such a manner as to exceed any of the following sound levels: Page 14 of 19 D :IIminoiseelementW- 533- 4rrrpt.wpd/20Feb98 /12:41 PM 00001 `It Table 7 Air Handling Equipment Units Installed Before 1 -1 -80 dB(A) Measurement Location Units Installed On or After 1 -1 -80 dB(A) Any point on neighboring property line, 5 feet above grade level, no 60 55 closer than 3 feet from any wall. Center of neighboring patio, 5 feet above grade level, no closer than 3 feet from any wall. 55 50 Outside the neighboring living area window nearest the equipment location, not more than 3 feet from the 55 50 window opening, but at least 3 feet from any other surface. 14. Places of public entertainment: a. Operating or permitting the operation or playing of any loudspeaker, musical instrument, motorized racing vehicle, or other source of sound in any place of public entertainment that exceeds 95 dB(A) as read on the slow response of a Sound Level Meter at any point normally occupied by a customer, without a conspicuous and legible sign stating: " WARNING! SOUND LEVELS WITHIN MAY CAUSE HEARING IMPAIRMENT ". 15. TAMPERING: The following acts or the causing thereof are prohibited: a. The removal or rendering inoperative, other than for purposes of maintenance, repair, or replacement, of any noise control device or element thereof. b. The removal of any noise label from any product so labeled. Page 15 of 19 D:Ilminoise elementI17 -53 3- 4ccrpt.wpd120Feb98 112:41 PM The use of a product which has had a noise control device or element thereof or noise label removed or rendered inoperative. 17.53.090 MOTOR VEHICLE NOISE LIMITS A. Motor vehicles operating on public right -of -way: Motor vehicle noise limits on a public right -of -way are regulated as set forth in the California Vehicle Code. Sections 23130 and 23130.5. Equipment violations which create noise problems are covered under Sections 27150 and 27151. Any peace officer of any jurisdiction in California may enforce these provisions. Therefore, it shall be the policy of the City to enforce these sections of the California Motor Vehicle Code. B. Refuse collection vehicles: No person shall collect refuse with a refuse collection vehicle between the hours of 7 p.m. and 7 a.m. within or adjacent to a residential area or noise sensitive zone. 2. No person authorized to engage in waste disposal service or garbage collection shall operate any truck - mounted waste or garbage loading and /or compacting equipment or similar device in any manner so as to create any noise exceeding the following levels, measured at a distance of 50 feet from the equipment in an open area: a. New equipment purchased or leased on or after a date s ix (6) months from the effective date of this ordinance: 80 Db(A). b. New equipment purchased or leased on or after thirty six (36) months from the effective date of this ordinance: 75 dB(A). C. Existing equipment, on or after five (5) years from the effective date of this ordinance: 80 dB(A). C. Motor vehicle horns: It is unlawful for any person to sound a vehicular horn except as a warning signal (Motor Vehicle Code, Section 27001). D. Motorized recreational vehicles operating off of the public right -of -way: No person shall operate or cause to be operated any motorized recreational vehicle off a public right -of -way in such a manner that the sound levels emitted there from violate the provisions of Section 17.53.070. Page 16 of 19 D: Ilminoise elemental -53 3- 4crrp1.wpd120Feb98 112:41 PAI 00010 S This section shall apply to all motorized recreational vehicles, whether or not duly licensed and registered, including, but not limited to, commercial or non - commercial racing vehicles, motorcycles, go carts, amphibious craft, campers, snowmobiles and dune buggies, but not including motorboats. E. Vehicle, motorboat, or aircraft repair and testing: Repairing, rebuilding, modifying, or testing any motor vehicle, motorboat, or aircraft in such a manner as to create a noise disturbance across a residential real property line, or at any time to violate the provisions of Section 17.53.070. 2. Nothing in this ordinance shall be construed to prohibit, restrict, penalize, enjoin, or in any manner regulate the movement of aircraft which are in all respects conducted in accordance with, or pursuant to, applicable Federal laws or regulations. F. Standing motor vehicles: No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of ten thousand (10,000) pounds, or any auxiliary equipment attached to such a vehicle, for a period longer than 15 minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on a public right -of -way or public space within 150 feet (46 meters) of a residential area between the hours of 10 p.m. and 7 a.m. 17.53.100 EXEMPTIONS: The provisions of this ordinance shall not apply to: (a) the emission of sound for the purpose of alerting persons to the existence of an emergency, or (b) the emission of sound in the performance of emergency work. Warning devices: Warning devices necessary for the protection of public safety, as for example, police, fire and ambulance sirens, and train horns, shall be exempted from the provisions of this ordinance. II. Outdoor activities: The provisions of this ordinance shall not apply to occasional outdoor gatherings, public dances, shows, and sporting and entertainment events, provided said events are conducted pursuant to a permit issued by the City relative to the staging of said events. IIl. Exemptions from exterior noise standards: The provisions of Section 17.53.070 shall not apply to activities covered by the following sections: A. Street Sales; Page 17 of 19 D:VmWoise elemenh17 -53 3- 4cerpt.wpd110Feb98 112:41 PM 0VLC�sC, B. Construction/Demolition; C. Stationary Non - emergency Signaling Devices; D. Emergency Signaling Devices; E. Domestic Power Tools, Machinery; F. Residential Air - Conditioning or Air - Handling Equipment; G. Motor Vehicles Operating on Public right -of -way; H. Refuse Collection Vehicles. 17.53.110 ENFORCEMENT A. Prima facie violation: Any noise exceeding the noise level limits as stated in this ordinance shall be deemed to be prima facie evidence of a violation of the provisions of this chapter. B. Violations: misdemeanors (Infractions): Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor (infraction) and upon conviction thereof, shall be fined in an amount not to exceed $1000 dollars or be imprisoned in the County jail for a period not to exceed 30 days or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. C. Abatement orders: 1. Except as provided herein, in lieu of issuing a notice of Violation, the Director of Community Development or other official responsible for enforcement of any provision of this ordinance may issue an order requiring abatement of a sound source alleged to be in violation, within a reasonable time period. 2. No complaint or further action shall be taken in the event that the cause of the violation has been removed, the condition abated or fully corrected within the time period specified in the written notice. D. NOTICE OF VIOLATION: Except where a person is acting in good faith to comply with an abatement order, shall be cause for a (notice of violation)( summons)(complaint)(indictment) to be issued by the Director of Community Development or other responsible enforcement official according to Page 18 of 19 D:Vminoiseelementl17- 533- 4ccrptwpd/10Feb98112:41 P1v1 0UU, 1. procedures which the Director of Community Development may prescribe. E. VIOLATIONS: ADDITIONAL REMEDIES - INJUNCTIONS: As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision of this chapter which operation or maintenance causes or creates sound levels exceeding the allowable limits as specified in this chapter shall be deemed and is hereby 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. Additionally, no provision of this ordinance shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this ordinance or from other laws. Page 19 of 19 D: VmWoise elemen417 -53 3- 4crrp1.wpd120Feb98 112:41 PM RESOLUTION NO. PC -98 -349 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF THE UPDATE TO THE NOISE ELEMENT OF THE CITY OF MOORPARK GENERAL PLAN WHEREAS, at a duly notice public hearing on January 12, 1998, regarding consideration of said update to the Noise Element of the City of Moorpark General Plan; and, WHEREAS, at its' meeting of January 12, 1998, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, and closed the pubic hearing; and, WHEREAS, the Planning Commission, after review and consideration of the information contained in the staff report dated January 12, 1998, made a recommendation to the City Council; and, NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the Planning Commission determined that the update to the Noise Element of the City of Moorpark General Plan will not have the potential for causing a significant effect on the environment, and an Exemption from the provisions of CEQA (California Environmental Quality Act) may be issued, pursuant to Section 15061 of the California Environmental Quality Act. SECTION 2. That the Planning Commision recommends to the City Council approval of the update to the Noise Element of the Moorpark General Plan (Attached as Exhibit A), with the following findings: a. The update sets goals and establishes policies and objectives that will decrease levels of noise sources on new development. b. The update identifies the existing impacts of noise on the City of Moorpark. D: \1m \peresos \98- 349.wpd/4:42 PM () 0C0S c. The update identifies future impact of noise on the City of Moorpark. The action of the foregoing direction was approved by the following roll call vote: Ayes: Commissioners Lowenberg Noes: Absent: Millhouse, Acosta, Miller and PASSED APPROVED AND ADOPTED ON 12th, DAY OF January 1998. Chairman: ATTEST: Celia LaFleur, Secretary to the Planning Commission D: \lm \peresos \98- 349.wpd/4:42 PM U, C�. RESOLUTION NO. PC -98 -350 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AN ORDINANCE AMENDING THE CITY OF MOORPARK MUNICIPAL CODE BY ADDING CHAPTER 17.53 REFERRING TO NOISE WHEREAS, at a duly notice public hearing on January 12, 1998, regarding consideration of said amendment of the city of Moorpark Municipal Code by adding Section 17.53 a Noise Ordinance; and WHEREAS, at its' meeting of January 12, 1998, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, and closed the pubic hearing; and, WHEREAS, the Planning Commission, after review and consideration of the information contained in the staff report dated January 12, 1998 and made a recommendation to the City Council; and, NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the Planning Commission determined that the City of Moorpark Municipal Code will not have the potential for causing a significant effect on the environment, and an Exemption from the provisions of CEQA (California Environmental Quality Act) has been determined may be issued, pursuant to Section 15061 of the California Environmental Quality Act Guidelines. SECTION 2. That the Planning Commission recommends to the City Council approval of the amendment to the City of Moorpark Municipal Code by adding Section 17.53. (Attached as Exhibit A), with the following findings: a. The Amendment to the Municipal Code would potentially decrease the level of noise sources on new development. b. The Amendment to the Municipal Code would allow for the enforcement of the of Community Noise Equivalency Level (CNEL) by identifying parameters for noise levels in all D: \1m \peresos \98- 350.wpd/4:42 PM 00010b -1 zoning districts in the community. c. The Amendment to the Municipal Code and establishing acceptable decibel levels of noise on interior and exterior noise sources. The action of the foregoing direction was approved by the following roll call vote: Ayes: Commissioners Millhouse, Acosta, Miller and Lowenberg Noes: Absent: PASSED APPROVED AND ADOPTED ON 12th, DAY OF January 1998. Chairman: ATTEST: Ceiia LaFieur, Secretary to the Planning Commission D: \lm \peresos \98- 350.wpd/4:42 PM 000081-1 CITY OF MOORPARK PLANNING COMMISSION STAFF REPORT January 7, 1998 SECTION 1 - GENERAL INFORMATION 1. Hearing Date: 2. Hearing Time: 3. Location: 4. Project Title: January 12, 1997 7.00 p.m. City Council Chambers 799 Moorpark Avenue Moorpark, CA 93021 General Plan Amendment 97 -04, a Noise Element of the General Plan and Zoning Ordinance Amendment 97.07 S. Applicant: City of Moorpark 6. Staff Contact: Wayne Loftus, Planning Manager 7. Proposed Project: The adoption of the Noise Element of the City of Moorpark General Plan and an accompanying Ordinance which will implement the Noise Element. S. Requested Action and Staff Recommendation: a. Open the public hearing and accept public testimony. b. Make the appropriate findings and adopt the attached resolution recommending to the City Council adoption of the Noise Element of the Moorpark General Plan and its accompanying Ordinance. (Attachment 3). D: \lm \97WAYNE \noise- staffrpt.wpd /4:18 PM Staff Report: Noise Element and Zoning Amendment ordinance City of Moorpark January 7, 1998 Pacge 2 Nois -4- KlemAmt The Noise Element is one of several mandated elements (sections) required under State Law to be included in a communities General Plan. The General Plan, a comprehensive evaluation and listing of goals, policies and objectives - proides the visions of how the community will grow and maintain its environmen& and setting. The purpose of the Noise Element is to identify and evaluate noise sources and problenmw in the community -as part of the information base concerning decisions on the location and distribution of lard uses. The identification of noise generators and the impact on the community from fixed as well as mobile sources (automobiles, trains) are important factors that influence the livability of the community. Minimizing the noise impacts that result because of growth in the community and the resulting human activity is an important aspect of a complete Noise Element. The current Noise Element was adopted in 1984F when the city of Moorpark had a population of 17,561 persons. However, significant growth has taken place since 1987 and updating thi.% document at this time is appropriate. The current update uas first contracted in 1994 with Mestre /Greve Consultants, but was delayed until 1996 when actual work on the technical /background report began. This element update&, they nois& contours throughout the city and establishes�� limitw or-, thresholds for. noise- generated from statimexagaa=CO (locations) . As the city has increased in population and other surrounding areas have grown, noise impacts from transportation corridors in and through the city has increased. bile:-traffic is the single highest generator of noises ihf tFl Comity with projections along Los- Angeles Avenue, State Routes( -I1W and 23 increasing by 5 decibels over 1994 levels in the year 2010#.(General Plan Buildout). This is significant and can be an impact, since any noise level increases over 3 decibles is discernable by people. Another major source of noise is the railroad with the line through Moorpark which is a major link in the Southern California system. 0: \lm \97WAYNE \noise- staffrpt.wpd /4:38 PM () 0U0S,S Staff Report: Noise Element and Zoning Amendment Ordinance City of Moorpark January 7, 1998 Paste 3 These noise sources together with the increase in daily activity because of population growth results in increased levels of ambient (overall environment) noise in the community. The Noise Element goals, policies and objectives are intended to provide the necessary guidance for continued development of the community and maintenance of the standards that are adopted to limit the maximum acceptable level of noises. The adopted standards will assist staff in the day to day decisions relating to land use recommendations and establish criteria for the enforcement The Technical Appendix which includes the detailed study results is attached to the Noise Element and includes noise contour maps that represent current noise levels (1994) as well as projected levels for 2110. The map which illustrates existing noise contours shows Los Angeles Avenue, Tierra Rejada Road and State Highways 23 and 118 as the most noise impacted vehicular corridors. The future (projected) noise contour map indicates that these corridors will have increased noise as noted earlier in this report, with added occurring noted along a new proposed route for Highway 23. If Highway 23 is relocated the result will be a noise level reduction along Moorpark Avenue. However, as a general statement the noise contours will spread out or widen around the corridors where increased traffic flow occurs. Submitted with the Noise Element is a proposed Noise Ordinance that addresses enforcement-issues, particularly intrusive noise events and noise generaftary in thee- community. The ordinance also establishemIchresholdw that can be accurately measured to insure the- -consi en an&�'defensible enforcement of code provisions relatizW_Cd'=isft The ordinance was prepared using the Statmt or California Model Noise Ordinance and proposes the establishment of maximum acceptable noise level standards by zoning district for day and evening noise events*. The noise ordinance establishes noise levels for residential, commercial and industrial uses, for vehicle noise and stationary equipment`,: and identifies those uses which are exempted from the standards,. 0: \lm \97WAYNE \noise- staffrpt.wpd /4:38 PM 00C pJ.� Staff Report-: Noise Element and Zoning Amendment Ordinance City of Moorpark January 7, 1998 Paqe 4 Concdusinn: The adoption of the Noise Element will establish the goals, policies and objectives concerning acceptable noise levels for the community. The Noise Ordinance, if adopted, will assist in the implementation of the element and provide the means for enforcement of the standards determined to be appropriate for the city. It is recommended that the Planning Commission adopt the attached Resolution recommending to City Council that the projects are categorically exempt from the California Environmental Quality Act, approval of the updated Noise Element of the General Plan and adoption of an ordinance adding Chapter 17.53 to the Municipal code relating to Noise. Attachments: 1. City of Moorpark Draft Noise Element & Appendix 2. City of Moorpark Draft Noise Ordinance 3. Draft Resolutions D: \lm \97WAYNE \noise- staffrpt.wpd /4:38 PM () () C, CIS C,