HomeMy WebLinkAboutAG RPTS 1986 0813 PC REGMOORPARK
JAMES D. WEAK
STEVEN KUENY
Mayor
City Manager
r ..rMAS C. FERGUSON
CHERYL J. KANE
Mayor Pro Tem
City Attorney
ALBERT PRIETO
o
RICHARD MORTON
Councilmember
Director of
DANNY A. WOOLARD
Community
Councilmember
Development
LETA YANCY- SUTTON
R. DENNIS DELZEIT
Councilmember
City Engineer
DORIS D. BANKUS
JOHN V. GILLESPIE
City Clerk
Chief of Police
THOMAS P. GENOVESE
City Treasurer A G E N D A
MOORPARK PLANNING COMMISSION
Wednesday, August 13, 1986
7:00 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. PUBLIC COMMENTS
1- 5. CONSENT CALENDAR
A. Development Plan Permit Nos. DP 338 -347 and 349 -353
to construct fifteen (15) industrial buildings on a
9.52 acre site, ranging in size from 5,000 to 70,701
square feet. Located on Goldman Avenue between Mau-
reen Lane and Shasta Avenue.
Approval of Resolution No. PC -86 -103
B. Land Division Map Permit No. LDM -8 pertaining to the
proposed subdivision to accommodate the above request.
Approval of Resolution No. PC -86 -104
6. PUBLIC HEARINGS
A. Sign Code
To consider the adoption and its recommendation of a
Revised Sign Code.
Continued from July 23, 1986.
B. Environmental Impact Report
Planned Development Permit No. PD -1014 and LDM -9
(Continued)
799 Moorpark Avenue Moorpark. Califomia 93021 (805) 5296864
AGENDA - PLANNING COMMISSION
p.2 - August 13, 1986
6. PUBLIC HEARINGS (Continued)
Applicant: G. H. Palmer Associates
Proposal: To subdivide an existing 30.51 acre site
into 4 parcels, and construct 287 rental
apartment units.
Location: Between Poindexter Avenue and Los Angeles
Avenue and east of Sierra Avenue.
VA
91
0
C. Proposed Noise Element to the General Plan
The proposed element would establish policies and
procedures to alleviate problems of excessive noise
and thus have a positive effect upon the environment.
Continued from July 23, 1986.
D. Propos
Tempor
Permit
E.
t to the
Stands
s Use
11
COMMISSION COMMENTS
A. Sub - Committee Report - RE:
STAFF COMMENTS
ADJOURNMENT
NOISE ELEMENT IMPLEMENTATION
PROCEDURE
I
J. J. VAN HOUTEN & ASSOCIATES, Inc.
1260 EAST KATELLA AVENUE,ANAHEIM,CALIFORNIA 92605
17141 635-9520
•
JOHN J.VAN HOUTEN.PE, Principal
DAVID L.WIELAND.Senior Engineer
July 10, 1986 Project File 1604-85/NE4
CITY OF MOORPARK
Planning Department
799 Moorpark Avenue
Moorpark, CA 93021
Attention : Mr. Richard Morton
Subject: Transmittal of Noise Ordinance Considerations and
Conditions of Approval Prepared for the Implementa-
tion of the Noise Element
•
Gentlemen :
We have added an "Implementation" paragraph to each Policy as
requested by the Planning Commission. Please insert this new
section into the Element document.
In addition, attached please find the following items which have
been prepared to provide a basis for implementing the Noise Ele-
ment policies:
1 . Conditions of Approval for New Residential Developments
within the CNEL of 60 dB Contours for the Projected
Tranportation Sources of Noise in the City of Moorpark.
2 . Conditions of Approval for New Residential Developments in
Proximity to Existing Commercial/Industrial Operations.
. 3. Conditions of Approval for New Commercial/Industrial Opera-
tions in Proximity to Existing or Proposed Residential Areas.
4. Elements of a Noise Ordinance (includes a copy of the Orange
County Noise Ordinance).
— RECEIVED —
1
JUL 141986
eRY OF MOORPARK
CITY OF MOORPARK PROJECT FILE 1604-85/NE4
We will be pleased to provide additional information and/or clar-
ification of' these documents as needed.
Very truly yours,
J. J. VAN HOUTEN & ASSOCIATES, INC.
er
n J. V� en, P. E.
sulting gineer in Acoustics
JJVH/rrp
2
J. J. VAN HOUTEN & ASSOCIATES, Inc.
POLICY PROGRAM
POLICY 1
NOISE BARRIERS OR OTHER NOISE MITIGATION TECHNIQUES SHOULD BE
REQUIRED IN NEW SUBDIVISIONS IF DEVELOPED ALONG STATE HIGHWAYS,
CITY STREETS, OR RAILROADS WHERE A SIGNIFICANT IMPACT EXISTS OR
IS PROJECTED AT NEARBY NOISE-SENSITIVE LOCATIONS.
Action
The City should review proposed subdivision tracts, parcel maps
and site plans involving residential development with respect to
noise impacts and require noise barriers or alternative sound
attenuation to reduce the interior and exterior CNEL to 45 dB and
65 dB, respectively.
Implementation
Refer to Recommended "Conditions of Approval ", Annex 1 of this
document.
Discussion
Actual noise barriers may be required on State, City, or railroad
rights-of-way at heights from 8 to 12 feet in order to reduce
noise to acceptable levels. Other methods to reduce noise
impacts to future residents may be substituted, such as increased
setbacks, site, layout, and building design.
Responsibility
Community Development Department.
• POLICY 2
NOISE BARRIER CONSTRUCTION ALONG STATE HIGHWAYS SHOULD BE PURSUED
WHERE A SIGNIFICANT IMPACT EXISTS OR IS PROJECTED AT NEARBY RESI-
DENTIAL ZONES AND OTHER NOISE SENSITIVE LOCATIONS.
Action
The City should actively encourage the State of California to
finance the construction of noise barriers or develop other noise
mitigation strategies to reduce noise impacts on adversely
impacted areas.
Implementation
Community Development Department liaison with City Council
requests to the State of California for funding assistance and
alternatives.
Discussion
Residential locations directly adjacent to the highways are
exposed to a CNEL in the range of 65 to 80 dB. Noise barrier
heights from 10 to 12 feet are needed at these locations to
reduce the noise to acceptable levels. Such construction
requires the approval , cooperation, and financing by the State of
California.
Responsibility
CommunityDev el o pm en tD a pa r tmen t.
POLICY 3
NOISE BARRIERS SHOULD BE CONSTRUCTED ALONG THE SOUTHERN PACIFIC
RAIL LINE CORRIDOR WHERE RESIDENCES EXIST ADJACENT TO THE MAIN
TRACKS.
Action
Where funding is available, the City should consider constructing
noise barriers in residential areas where existing homes are
directly adjacent to the main tracks.
Implementation
The City should consider funding alternatives.
Discussion
Residential locations adjacent to rail lines are exposed to noise
in the range of 90 to 110 dB(A) during train pass-bys. The con-
struction of noise barriers with heights of 13 to 15 feet should
be considered as a noise reduction measure. Construction of a
sound barrier must be as close as possible to the track in order
to be effective and economically feasible. This requires the
actual construction of the barrier on the rail line right-of-way
which is under the management of the Southern Pacific Transporta-
tion Company. Such construction requires the approval of,
cooperation of, and coordination with this railway company.
Responsibility
City of Moorpark
POLICY 4
THE CITY SHOULD CONSIDER PLANNING GUIDELINES WHICH INCLUDE NOISE
CONTROL FOR ALL NEW RESIDENTIAL DEVELOPMENTS AND CONDOMINIUM CON-
VERSION PROJECTS.
Action
The City should adopt guidelines which consider noise as an early
factor in planning future residential developments. In addition,
the City should require that the State's Noise Insulation Stand-
ards be applied to all new single family and condominium conver-
sion projects.
Implementation
Refer to "Conditions of Approval", Annex 1 and 2 of this Element.
Discussio❑
Portions of the City are significantly affected by noise, as
shown in the noise contour maps of Figures 6 and 7. An acous-
tical analysis should be required for all new residential and
condominium conversion projects within the 60 dB CNEL contour of
the highways, arterials, and rail lines within the City. This
analysis should indicate the existing and projected CNELs on the
site and the method(s) by which the noise is to be controlled or
reduced to no more than 65 dB within the exterior living space,
and no more than 45 dB within the interior living space of the
project. This latter standard requires that the City extend the
application of the State's Noise Insulation Standards to all new
single family and condominium conversion projects. Currently,
they only apply to all new multifamily units (apartments, motels,
etc . ) .
Noise should be considered early in the development of new resi-
dential or noise-sensitive construction. The location and
orientation of the residential buildings may be configured to
minimize or eliminate a noise problem for a site adjacent to the
freeway, arterials, or rail lines. Other effective noise reduc-
tion tools include the use of earthen berms, sound reducing
walls, and generous setbacks.
Interior CNEL levels may be reduced to 45 dB or less in any of
the following ways :
1 . A reduction of the exterior noise to which the dwelling is
exposed,
2 . Installing sound rated windows suitable for the noise reduc-
tion required,
3 . Configuring and insulating exterior walls and roofing systems
to reduce the interior noise to acceptable levels,
4. Locating (or eliminating) vents, mail slots, etc. , to
minimize sound propagation into the home, and
5 . Installing forced air ventilation as needed to provide a
habitable living space if the interior CNEL is to be met with
all or some windows closed.
Responsibility
Community Development Department
POLICY 5
FUTURE PROJECTS WITHIN THE CITY SHOULD REFLECT A CONSCIOUSNESS ON
THE PART OF THE CITY REGARDING THE REDUCTION OF UNNECESSARY NOISE
NEAR EXISTING NOISE-SENSITIVE AREAS SUCH AS RESIDENCES, PARKS,
HOSPITALS, LIBRARIES, CONVALESCENT HOMES, ETC.
Action
1 . Maintain liaison with transportation agencies such as Cal-
Trans regarding the reduction of noise from existing facili-
ties. The design and location of new facilities should also
be considered.
2 . Consideration should be given to buffering noise-sensitive
areas from noise generating land uses.
3. Noise monitoring within the City should be an ongoing process
conducted by the appropriate departments. Additionally, a
liaison should be developed between the City and the Ventura
County Health Department in order to obtain assistance in on-
site measurements of noise levels.
4 . Close attention should be paid to the noise evaluation in
environmental impact statements.
Implementation
Refer to Annex 1 , 2 , 3 , and 4 of this Element.
Discussion
To reduce the level of noise in noise-sensitive areas, the Circu-
lation Element of the General Plan should indicate the location
of major streets so as to divert through traffic away from these
areas.
As the existing and projected noise contours developed for the
Noise Element indicate, traffic is a major source of noise in the
City. However, these contours should not be considered adequate
for site specific evaluations. Site specific reports with satis-
factory noise assessments have the additional value of helping to
monitor localized noise conditions. These concerns should
include :
1 . Annoyance - Excessive noise is socially disruptive and may be
physically damaging.
2 . Economics - Excessive noise adversely affects property values
and levels of productivity. In the past, the costs of
excessive noise from transportation facilities have been
passed on to those in the vicinity rather than be borne by
the producer of the noise.
Responsibility
Community Development Department
POLICY 6
THE CITY SHOULD DEVELOP A POLICY FOR NOISE ABATEMENT AND CONTROL
OF RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL ACTIVITIES WITHIN THE
CITY SUCH THAT INTRUSIVE NOISE IS LIMITED TO ACCEPTABLE STAND-
ARDS.
Action
The City should consider the adoption of an appropriate ordinance
which will place a limit on the level of noise produced by resi-
dential , commercial , and industrial activities that may intrude
on adjacent properties.
Implementation
Refer to Annex 4, Considerations and a "sample" noise ordinance
which the City should consider.
Discussion
Noise emanating from residential, commercial , and industrial uses
is regulated by the City's Municipal Code. However, acceptable
dB(A) ranges have not been designated for these uses.
Responsibili y
Community Development Department
POLICY 7
THE CITY SHOULD ENCOURAGE THE REDUCTION OF NOISE THROUGHOUT MOOR-
PARK
Action
1 . The City should encourage the Southern Pacific Transportation
Company to reduce the level of noise produced by train move-
ments within the City. This can be accomplished by regular
maintenance of the track and trains. Use of the trains'
horns should also be minimized. The City should also monitor
the existing operations on the rail lines as well as any
plans for future development. Any actions that increase the
level of noise throughout the City should be discouraged.
2. The City should consider noise control requirements for all
new equipment purchases.
3 . The City should implement a review process concerning its
policies and regulations affecting noise every five years or
as new technological developments warrant, per State guide-
line requirements.
4 . The City should encourage the enforcement of regulations
(such as the State Vehicle Code noise standards) for all
privately owned, City owned, and City operated automobiles,
trucks, and motorcycles operating within Moorpark.
Responsibility
Community Development Department, City of Moorpark Police Depart-
ment.
•
ANNEX 1
CONDITIONS OF APPROVAL
for
NEW RESIDENTIAL DEVELOPMENTS
WITHIN THE CNEL OF 60 DB CONTOURS
FOR THE PROJECTED TRANSPORTATION SOURCES OF NOISE
IN THE CITY OF MOORPARK
All residential lots and dwellings shall be sound attenuated against
present and projected noise, which shall be the sum of all noise impacting
the project, so as not to exceed an exterior standard of 65 dB CNEL in
outdoor living areas and an interior standard of 45 dB CNEL in all
habitable rooms. Evidence prepared under the supervision of acoustical
consultant that these standards will be satisfied in a manner consistent
with applicable zoning regulations shall be submitted as follows:
A. Prior to the recordation of a final tract/parcel map or prior to the
issuance of Grading Permits, at the sole discretion of the County, an
Acoustical Analysis Report shall be submitted to the Manager,
Development Services Division, for approval. The report shall describe
in detail the exterior noise environment and preliminary mitigation
measures. Acoustical design features to achieve interior noise
standards may be included in the report in which case it may also
satisfy "B" below.
B. Prior to the issuance of any building permits, an acoustical analysis
report describing the acoustical design features of the structures
required to satisfy the exterior and interior noise standards shall be
submitted to the Manager, Development Services Division for approval
along with satisfactory evidence which indicates that the sound
attenuation measures specified in the approved acoustical report(s)
have been incorporated into the design of the project.
C. Prior to the issuance of any Certificates of Use and Occupancy, field
testing in accordance with Title 25 regulations may be required by the
Manager, Building Inspection Division, to verify compliance with STC
and IIC design standards.
CONDITION 1 - NOISE INTRUSION INTO PROPOSED RESIDENTIAL PROPERTY
FROM EXISTING COMMERCIAL/INDUSTRIAL OPERATIONS.
A. New residential developments in the general vicinity of an
existing commercial/industrial operation, shall be designed
in such a way that the interior noise level within any habit-
able room shall not exceed the following standards:
Time Period Noise Level
7:00 a.m. - 10:00 p.m. 50 dB(A)
10: 00 p. m. - 7 : 00 a. m. 45 dB(A)
B. In consideration of these noise standards, the new residen-
tial development shall be designed in such a way that the
noise level, when measured within any residence in the gen-
eral vicinity of the commercial/industrial operation, does
not exceed:
1 . The interior noise standard for a cumulative period of
more than 5 minutes in any hour, or
2. The interior noise standard plus 5 dB(A) for a cumulative
period of more than 1 minute in any hour, or
3. The interior noise standard plus 10 dB(A) for any period
of time.
C. In the event that the ambient noise level exceeds either of
the first two noise limit categories above, the cumulative
period applicable to the category shall be increased to re-
flect the ambient noise level . In the event the ambient
noise level exceeds the third noise limit category , the maxi-
mum allowable noise level under the category shall be in-
creased to reflect the maximum noise level.
D. Each of the noise limits specified above shall be reduced by
5 dB(A) for impact or predominant tone noises, or for noises
consisting of speech, such as would be generated by a paging
system.
CONDITION 2 - ACOUSTICAL ENGINEERING REPORT.
The developer of the proposed residential project shall submit as
part of the application for a building permit an acoustical en-
gineering report prepared by an individual qualified in the field
of acoustical engineering. The report shall indicate the means
by which the developer proposes to comply with the provisions of
Condition 1 , above. It shall include noise measurement data,
analysis, drawings, etc. , sufficient to identify the sources of
noise and methods of mitigation used to reduce the level of the
noise to the standards specified in Condition 1 , above.
CONDITION 3 - FIELD TEST.
Where a complaint as to non-compliance with Condition 1 requires
a field test to resolve the complaint, the complainant shall post
a bond or adequate funds, as determined by the city, in escrow
for the cost of said testing. Such costs shall be chargeable to
the complainant when such field tests show that compliance with
the condition is present. If such tests show non-compliance,
then such costs shall be borne by the developer.
CONDITION 4 - VIOLATION OF THE STANDARDS.
In the event of a violation of the standards of Condition 1 , as
determined by the field test of Condition 3, the developer shall
be required to alter the project as needed to comply with the
condition. A determination of a violation of these standards
shall only be made by the City of Moorpark based upon acoustical
engineering field studies.
CONDITION 5 - RESPONSIBILITY OF OWNER.
Compliance with the conditions as stated above shall be the re-
sponsiblity of the developer and/or any subsequent owner of the
property occupied by the residential project.
CONDITION 1 - NOISE INTRUSION INTO RESIDENTIAL PROPERTY FROM THE
PROPOSED COMMERCIAL/INDUSTRIAL OPERATION.
A. The commercial/ industrial activity shall not produce noise
when experienced on residential property in the general vi-
cinity of the activity that exceeds the following standards:
EXTERIOR NOISE STANDARDS
Time Period Noise Level
7:00 a .m. - 10:00 p. m. 55 dB(A)
10: 00 p.m. - 7: 00 a. m. 50 dB(A)
B. In consideration of these exterior noise standards, the owner
of the commercial/industrial operation shall not allow the
creation of any noise on property owned, leased, occupied, or
otherwise controlled by the property owner when the foregoing
causes the noise level when measured on any residential pro-
perty in the general vicinity of the proposed commercial-
industrial operation to exceed:
1 . The noise standard for a cumulative period of more than
30 minutes in any hour, or
2. The noise standard plus 5 dB(A) for a cumulative period
of more than 15 minutes in any hour, or
3 . The noise standard plus 10 dB(A) for a cumulative period
of more than 5 minutes in any hour, or
4 . The noise standard plus 15 dB(A) for a cumulative period
of more than 1 minute in any hour, or
5 . The noise standard plus 20 dB(A) for any period of time.
C. In the event that the ambient noise level on the residential
properties exceeds any of the first four noise limit cate-
gories above, the cumulative period applicable to the cate-
gory shall be increased to reflect the ambient noise level.
In the event that the ambient noise level exceeds the fifth
noise limit category, the maximum allowable noise level under
the category shall be increased to reflect the maximum am-
bient noise level .
D. Each of the noise limits specified above shall be reduced by
5 dB(A) for impact, or predominant tone noise or for noises
consisting of speech such as would be generated by a paging
system.
E. The commercial/industrial activity shall not produce noise
when experienced within a residence in the general vicinity
of the commercial/industrial operation that exceeds the fol-
lowing standards:
INTERIOR NOISE STANDARDS
Time Period Noise Level
7 : 00 a. m. - 10: 00 p.m. 55 dB(A)
10:00 p.m. - 7 :00 a.m. 45 dB(A)
F. In consideration of these interior noise standards, the owner
of the commercial/industrial operation shall not allow the
creation of any noise on property owned, leased, occupied, or
otherwise controlled by the owner when the foregoing causes
the noise level when measured within any residence in the
general vicinity of the commercial/industrial operation to
exceed:
1 . The interior noise standard for a cumulative period of
more than 5 minutes in any hour, or
2 . The interior noise standard plus 5 dB(A) for a cumulative
period of more than 1 minute in any hour, or
3 . The interior noise standard plus 10 dB(A) for any period
of time.
G. In the event that the ambient noise level exceeds either of
the first two noise limit categories, above, the cumulative
period applicable to the category shall be increased to re-
flect the ambient noise level. In the event the ambient
noise level exceeds the third noise limit category, the maxi-
mum allowable noise level under the category shall be in-
creased to reflect the maximum ambient noise level.
H. Each of the noise limits specified above shall be reduced by
5 dB(A) for impact or predominant tone noises, or for noises
consisting of speech, such as would be generated by a paging
system.
CONDITION 2 - ACOUSTICAL ENGINEERING REPORT.
The owner of the proposed commercial/industrial operation shall
submit as part of the application for a building permit an acous-
tical engineering report prepared by an individual qualified in
the field of acoustical engineering. The report shall indicate
the means by which the developer proposes to comply with the pro-
visions of Condition 1 , above. It shall include noise measure-
ment data , analysis, drawings, etc. , sufficient to identify the
sources of noise and methods of mitigation used to reduce the
level of the noise to the standards specified in Condition 1 ,
above.
CONDITION 3 - FIELD TEST.
Where a complaint as to non-compliance with Condition 1 requires
a field test to resolve the complaint, the complainant shall post
a bond or adequate funds, as determined by the city, in escrow
for the cost of said testing. Such costs shall be chargeable to
the complainant when such field tests show that compliance with
the condition is present. If such tests show non-compliance,
then such costs shall be borne by the owner of the commercial-
industrial operation.
CONDITION 4 - VIOLATION OF THE STANDARDS.
In the event of a violation of the standards of Condition 1 , as
determined by the field test of Condition 3 , the owner of the
commercial/industrial operation shall be required to alter the
configuration and/or activity as needed to comply with the condi-
tion. A determination of a violation of these standards shall
only be made by the City of Moorpark based upon acoustical engin-
eering field studies.
CONDITION 5 - RESPONSIBILITY OF OWNER.
Compliance with the conditions as stated above shall be the re-
sponsiblity of the owner of the commercial/industrial operations
and/or any subsequent owner of the property occupied by the
commercial/industrial operation.
Elements of a Noise Ordinance
A comprehensive and effective noise ordinance should contain at
least the following items:
1 . Definitions of Terms
a. A-Weighted sound level i. Industrial area
b. Ambient noise level j. Intrusive noise
c. Commercial property k. Mobile noise source
d. Cumulative period 1. Noise level
e. Decibel m. Person
f. Emergency work n. Pure tone
g. Fixed noise source o. Residential property
h. Impact noise p. Sound level meter
2. Exterior Noise Standard
The following exterior noise standards should be considered :
Receiving
Land Usfl Time of Day Noise Level
Residential 7:00 am - 10:00 pm 55 dB(A)
10: 00 pm - 7: 00 am 45
Commercial 7:00 am - 10:00 pm 65
10: 00 pm - 7 : 00 am 60
Light Industrial Anytime 70
Heavy Industrial Anytime 75
No person shall operate or cause to be operated , any source
of sound at any location within the City of 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 above
for a cumulative period of more than thirty 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 for a cumulative period of
more than one minute in any hour; or
5 . The noise standard plus 20 dB or the maximum measured
.ambient level, for any period of time.
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.
If the measurement location is on a boundary between two dif-
ferent zones, the noise level limit applicable to the lower
noise zone plus 5 dB, shall apply.
If possible, the ambient noise shall be measured at the same
location along the property line utilized above, with the
alleged offending noise source 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 , then the level of the ambient
itself can be reasonably determined by subtracting a one dec-
ibel correction to account for the contribution of the
source.
In the event the alleged offensive noise, as judged by the
Noise Control Officer, 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 above
shall be reduced by 5 dB.
3 . Interior Noise Standards
The following interior noise standards should be considered:
Receiving
Land Use Time of Dav N,52ie Level
Residential 7:00 am - 10:00 pm 50 dB(A)
10: 00 pm - 7: 00 am 45
The interior noise standards for multifamily residential
dwellings as presented above shall apply, unless otherwise
specifically indicated, within all such dwellings with win-
dows in their normal seasonal configuration.
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:
1 . The noise standard as specified above for a cumulative
period of more than five minutes in any hour; or
2. The noise standard plus 5 dB for a cumulative period of
more than one minute in any hour; or
3. The noise standard plus 10 dB or the maximum measured
ambient, for any period of time.
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 increments
in each category as appropriate to reflect said ambient noise
level.
In the event the alleged offensive noise, as judged by the
Noise Control Officer, 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 above
shall be reduced by 5 dB.
4 . Special Provisions for Exemptions
The City should consider exempting such items as emergency
work and warning devices from the provisions of the noise
ordinance.
5 . Prohibited Acts ( Noise Disturbances)
The City should consider prohibiting certain noise sources as
described in the following:
a . Sources where it would be difficult to enforce the pre-
viously described standards (e.g., barking dogs, loading
and unloading activities).
b. Sources which might be in compliance with the noise ord-
inance standards but still cause a disturbance ( e.g. ,
television or amplified musical instruments at night).
c. Sources which occur in a community with special noise
problems (noise-sensitive zones, multifamily dwellings,
etc . )
d. Sources which have specific sound level limits (e.g. , air
conditioners) or have time restrictions for operation
(e.g., testing emergency signaling devices, etc.)
6. .pecial Provisions for Pre-Existing Noise Sources
The City may wish to grant a grace period for existing noise
sources in which to comply with the provisions of the noise
ordinance.
7 . Noise Measurement Procedures
The City should consider specifying measurement procedures
for determining compliance with the noise ordinance stand-
ards.
8 . Enforcement
The City should consider appropriate penalties for violating
the provisions of the noise ordinance.
9 . Variance Procedures
The City should consider procedures by which a variance may
be granted for an activity in violation of the noise ord—
inance. This would require the establishment of a Noise Var—
iance Board to review each case.
EXHIBIT E-1
Division 6 •
NOISE CONTROL
Article I. General Provisions, §§ 4-6-1-1-6-16
ARTICLE 1. GENERAL PROVISIONS' ployed or performed in an effort to protect,
provide or restore safe conditions in the corn-
Sec. 4-6-1. Declaration of policy. munity or for the citizenry, or work by private
In order to control unnecessary, excessive or public utilities when restoring utility service.
and annoying sounds emanating from unin- Fixed noise source shall mean a stationary
corporated areas of the County, it is hereby device which creates sounds while fixed or
declared to be the policy of the County to pro- motionless, including but not limited to indus-
hibit such sounds generated from all sources trial and commercial machinery and equipment,
as specified in this article. pumps, fans, compressors, generators, air con-
It is determined that certain sound levels are di Lioners and refrigeration equipment.
detrimental to the public health, welfare and Grading shall mean any excavating or fill-
safety, and contrary to public interest. (Ord. ing of earth material, or any combination
No. 2700, § 1, 9-19-73) thereof, conducted at a site to prepare said site
for construction or other improvements there-
Sec. 4-6-2. Definitions. on.
The following words, phrases and terms as Impact noise shall mean the noise produced
used in this article shall have the meaning as by the collision of one mass in motion with a
indicated below: second mass which may be either in motion
Ambient noise level shall mean the all- or at rest.
encompassing noise level associated with a Mobile noise source shall mean any noise
given environment, being a composite of sounds source other than a fixed noise source.
from all sources, excluding the alleged-often-
Noise level shall mean the "A" weighted
sive noise, at the location and approximate time sound
at which a comparison with the alleged often-
using level in decibels obtained by
give noise is to be made. using a sound level meter at slow response with
a reference pressure of twenty (20) micronew-
Cumulative period shall mean an additive tons per square meter.The unit of measurement
period of time composed of individual time seg- shall be designated as dB(A).
ments which may be continuous or interrupted. Person shall mean a person, firm, associa-
Decibel (dB) shall mean a unit which denotes tion, copartnership, joint venture, corporation
the ratio between two (2) quantities which are or any entity, public or private in nature.
proportional to power: the number of decibels Residential property shall mean a parcel of
corresponding to the ratio of two (2) amounts real property which is developed and used
of power is ten (10) times the logarithm to either in part or in whole for residential pur-
the base ten (10) of this ratio.
poses• other than transient uses such as hotels
Dwelling unit shall mean a single unit pro- and motels.
viding complete, independent living facilities Simple tone noise shall mean a noise charac-
for one or more persons including permanent terized by a predominant frequency or frequen-
provisions for living, sleeping, eating, cook-
ing and sanitation. cies so that other frequencies cannot be readily
distinguished.
Emergency machinery, vehicle or work shall Sound level meter shall mean an instrument
mean any machinery, vehicle or work used, em-
meeting American National Standard Insti-
'Editor's not.—Ord. No. 2700, § 1. adopted Sept. 19, tute's Standard S1.4-1971 for Type I or Type
1973, amended this Code by adding Div. 6, Art. 1, 2 sound level meters or an instrument and the
f4 4-6-1-4.6-16 to n'ad ss herein se:
Supp.No.7
1441
4 -6-e ORANGE COUNTY CODE § 4-G-6
asociatcd recording and analyzing equipment (2) The noise standard plus five (5) dB(A)
which will provide equivalent data. for a cumulative period of more than fif- c
i
Sound pressure level of a sound, in decibels, teen (15) minutes in any hour; or {)
shall mean twenty (20) times the logarithm (3) The noise standard plus ten (10) dB(A)
to the base ten (10) of the ratio of the pres- for a cumulative period of more than five
sure of the sound to a reference pressure, which (5) minutes in any hour; or
reference pressure shall be explicitly stated.
, (4) The noise standard plus fifteen (15)
9-19-73; Ord. No. 2870(Ord. No. 2700, § 1, dB(A) for a cumulative period of more
§ 1, 10-1-75) than one (1) minute in any hour; or
Sec. 4-6-3. Noise level measurement criteria. (5) The noise standard plus twenty (20)
Any noise level measurements made pursuant dB(A) for any period of time.
to the provisions of this article shall be per- (c) In the event the ambient noise level ex-
formed using a sound level meter as defined in ceeds any of the first four (4) noise limit
section 4-6-2. (Ord. No. 2700, § 1, 9-19-73) categories above, the cumulative period Sec. 4-fi-4. Designatedap-
plicable to said category shall be increased to
noise zone- reflect said ambient noise level. In the event
The entire territory of Orange County, in- the ambient noise level exceed; the fifth noise
eluding incorporated and unincorporated tern- limit category, the maximum allowable noise
tory, is hereby designated as "Noise Zone 1." level under said category shall be increased to
(Ord. No. 2700, § 1, 9-19-73; Ord. No. 2870, reflect the maximum ambient noise level. (Ord.
§ 1, 10-1-75) No. 2700, § 1, 9-19-73; Ord. No. 2715, § 1,
11-13-73; Ord. No. 2870, § I, 10-1-75)
Sec. 4-6-5. Exterior noise standards. Sec. 4-6.6. Interior noise standards.
(a) The following noise standards, unless (a) The following interior noise standards,
otherwise specifically indicated, shall apply to unless otherwise specifically indicated, shall ap-
all residential property within a designated ply to all residential property within a desig-
noise zone: nated noise zone:
NOISE STANDARDS INTERIOR NOISE STANDARDS
Noise Zone Noise Level Time Period Noise Zone Noise Level Time Period
1 55 dB(A) 7:00 a.m.— 1 55 dB(A) 7:00 a.m.-
10:00 p.m. 10:00 p.m.
50 dB(A) 10:00 p.m.— 45 dB(A) 10:00 p.m.-
7:00 a.m. 7:00 a.m.
In the event the alleged offensive noise con- In the event the alleged offensive noise con-
sists entirely of impact noise, simple tone noise, sists entirely of impact noise, simple tone noise,
speech, music, or any combination thereof, each speech, music, or any combination thereof, each
of the above noise levels shall be reduced by of the above noise levels shall be reduced by
five (5) dB(A). five (5) dB(A).
(b) It shall be unlawful for any person at (b) It shall be unlawful for any person at
any location within the unincorporated area of any location within the unincorporated area of
the County to create any noise, or to allow the the County to create any noise, or to allow the
creation of any noise on property owned, creation of any noise on property owned,
leased, occupied, or otherwise controlled by leased, occupied, or otherwise controlled by
such person, when the foregoing causes the such person, when the foregoing causes the
noise level, when measured on any other resi- noise level, when measured within any other
dential property, either incorporated or unin- dwelling unit on any residential property, eith-
corporated, to exceed: er incorporated or unincorporated, to exceed:
(1) The noise standard for a cumulative pc- (1) The interior noise standard for a cumuli- A;.
1 riod of more than thirty (30) minutes in tive period of more than five (5) minutes *?k'
any hour; or in any hour; or
Supp.No.7
1442
• S 4.6•6 NOISE CONTROL 4.6-8.1
(2) The interior noise standard plus five (5) Lions do not take place between the hours
db(A) for a cumulative period of more of 8:00 p.m. and 7:00 am. on weekdays,
than one (1) minute in any hour; or including Saturday, or at any time on Sun-
(3) The interior noise standard plus ten (10) day or a Federal holiday,
db(A) for any period of time. (h) Mobile noise sources associated with agri-
(c) In the event the ambient noise level ex- cultural pest control through pesticide ap-
ceeds either of the first two (2) noise limit plication, provided that the application is
categories above, the cumulative period appli- made in accordance with restricted mate-
cable to said category shall be increased to rial permits issued by or regulations en-
reflect said ambient noise level. In the event forced by the Agricultural Commissioner.
the ambient noise level exceeds the third noise (i) Noise sources associated with the mainte-
limit category the maximum allowable noise nonce of real property, provided said ac-
level under said category shall be increased to tivities take place between 7:00 a.m. and
reflect the maximum ambient noise level. (Ord. 8:00 p.m. on any day except Sunday or
No. 2700, § 1, 9-19-73; Ord. No. 2715, § 1, 11-13- a Federal holiday, or between the hours
73; Ord. No. 2870, § 1, 10-1-75) of 9:00 a.m. and 8:00 p.m. on Sunday or
a Federal holiday.
Sec. 4-6-7. Special provisions. (j) Any activity to the extent regulation there-
The following activities shall be exempted of has been preempted by State or Fed-
from the provisions of this article: eral law. (Ord. No. 2700, § 1, 9-19-73;
(a) Activities conducted on the grounds of anyOrd. No. 2715, § 1, 11-13-73; Ord. No.
public or private nursery, elementary, inter- 2870, § 1, 10-1-75)
mediate or secondary school or college.
Sec. 4-6-8. Schools, hospitals and churches; spe-
(b)t Outdoor gatherings, public dances and cial provisions.
�,.
'? G shows, provided said events are conducted
•- pursuant to a license issued by the County It shall be unlawful for any person to create
of Orange pursuant to Title 5 of the Codi- any noise which causes the noise level at any
fied Ordinances of the County of Orange. school, hospital or church while the same is in
use to exceed the noise limits as specified in
(c) Activities conducted on any park or play- section 4-6-5 prescribed for the assigned noise
ground, provided such park or playground zone in which the school, hospital or church is
is owned and operated by a public entity. located,or which noise level unreasonably inter-
(d) Any mechanical device,apparatus or equip- feres with the use of such institutions or which
ment used, related to or connected with unreasonably disturbs or annoys patients in the
emergency machinery, vehicle or work, hospital, provided conspicuous signs are dis-
(e) Noise sources associated with construction, played in three (3) separate locations within
one-tenth of a mile of the institution indicating
repair, remodeling, or grading of any real the presence of a school, church or hospital.
property, provided said activities do not (Ord. No. 2700, § 1, 9-19-73)
take place between the hours of 8:00 p.m.
and 7:00 a.m. on weekdays, including Sat- Sec. 4-6-8.1. hlolor vehicle racing.
urday, or at any time on Sunday or a
Federal holiday. It shall be unlawful to conduct motor vehicle
racing, testing, timing or similar noise-produc-
(f) All mechanical devices, apparatus or equip- ing activities at raceways, speedways, off-road
ment which are utilized for the protec- vehicle courses, drag strips or other similar
tion or salvage of agricultural crops during places, including, but not limited to, the opera-
periods of potential or actual frost damage tion of midget race cars, drag cars, motorcycles,
or other adverse weather conditions. off-road vehicles, and specialty automobiles, be-
(g) Mobile noise sources associated with agri- tween the hours of 11:30 p.m. and 8:00 a.m.
?e;• cultural operations, provided such opera- (Ord. No. 3093, § 1, 10-24-78)
?= Supp. No:18
1443
,¢ 4-6.9 ORANGE COUNTY CODE S 4.6-13
` Sec. 4-6-9. Air conditioning and refrigeration; be achieved, a proposed method of achieving
special provisions. compliance, and a proposed time schedule for its
During the five-year period following the accomplishment. Said application shall be ac-
/ companied by a fee in the amount of seventy-
effective date of this article, the noise stand-
five dollars ( separateapplication$75.00). A
ands enumerated in sections 4-6-5 and 4-6-6
shall be increased eight (8) db(A) where the
shall be filed for each noise source; provided,
however, that several mobile sources under
alleged offensive noise source is an air dated common ownership, or several fixed sources on
boning or refrigeration system or associated
a single property may be combined into one (1)
equipment which was installed prior to the ef- application. Upon receipt of said application and
fective date of this article. (Ord. No. 2700, § fee, the Health Officer shall refer it with his
1, 9-19-73; Ord. No. 2715, § 1, 11-13-73) recommendation thereon within thirt
y (30)
Sec. 4-6-10. Noise level measurement. days to the Noise Variance Board for action
thereon in accordance with the provisions of
The location selected for measuring exterior this article.
noise levels shall be at any point on the af-
fected property. Interior noise measurements An applicant for a variance shall remain sub-
shall be made within the affected dwelling jest to prosecution under the terms of this
unit. The measurement shall be made at a article until a variance is granted. (Ord. No.
point at least four (4) feet from the wall, 2700, § 1, 9-19-73; Ord. No. 2715, § 1, 11-13-73)
ceiling, or floor nearest the alleged offensive Sec. 4-6-13. Noise Variance Board.
noise source and may be made with the win-
dows of the affected unit open. (Ord. No. 2700, There is hereby created a Noise Variance
§ 1, 9-19-73; Ord. No. 2870, § 1, 10-1-75) Board consisting of five (5) members. Two
(2) of the members shall be professional en-
Sec. 4-6-11. Manner of enforcement. gineers, one (I) of whom shall have demon-
The Orange County Sheriff, the County strafed knowledge and experience in the field
• Health Officer and their duly authorized rep- of acoustics, and one (1) of whom shall be a
resentatives are directed to enforce the provi registered mechanical engineer. One (I) mem-
-
sions of this article.The Orange County Sheriff, bar shall be a physician licensed in this State,
the County Health Officer and their duly au- qualified in the field of physiological effects
thorized representatives are authorized, pursu- of noise. One (1) member shall be a represen-
ant to Penal Code section 636.6, to arrest any tative of business and industry. One (1) mem-
person without a warrant when they have rea- bar shall be a representative of the general
sonable cause to believe that such person has public.
committed a misdemeanor in their presence. The Noise Variance Board shall evaluate all
No person shall interfere with, oppose or re- applications for variance from the require-
sist any authorized person charged with the ments of this article and may grant said var-
enforcement of this article while such person is lances with respect to time for compliance,
engaged in the performance of his duty. (Ord. subject to such terms, conditions and require-
No. 2700, § 1, 9-19-73; Ord. No. 2715, § 1, ments as it may deem reasonable to achieve
11-13-73) maximum compliance with the provisions of
this article. Said terms, conditions, and require-
Sec. 4-6.12. Variance procedure. ments may include but shall not be limited
to limitations on noise levels and operating
The owner or operator of a noise source which hours. Each such variance shall set forth in
violates any of the provisions of this article detail the approved method of achieving maxi-
may file an application with the Health Offi- mum compliance and a time schedule for its
cer for a variance from the provisions thereof accomplishment. In its determinations said
wherein said owner or operator shall set forth Board shall consider the magnitude of nuisance
all actions taken to comply with said provisions, caused by the offensive noise; the uses of prop-
the reasons why immediate compliance cannot erty within the area of impingement by the
Supra. No. 18
1444
§ 4-6-13 NOISE CONTROL J
§ 4-6-16
9. noise; the time factors related to study, de- appropriate payments shall be made either to
- sign, financing and construction of remedial or by the secretary.
work; the economic factors related to age and
useful life of equipment; and the general pub- Within fifteen (15) days following receipt
lic interest and welfare. Any variance granted of a notice of appeal and the appeal fee the Sec-
by said Board shall be by resolution and shall retary of the Variance Board shall forward to
be transmitted to the Health Officer for en- the Board of Supervisors copies of the applica-
forcemen[. Any violation of terms of said Lion for variance; the recommendation of the the
variance shall be unlawful. Heath Officer; the notice of appeal; all evi-
dence concerning said application received by
Members of the Variance Board shall be ap- the Variance Board and its decision thereon.
pointed by, and shall serve at the pleasure of, In addition any person may file with the Board
the Board of Supervisors. Said Board shall of Supervisors written arguments supporting
adopt reasonable rules and regulations for its or attacking said decision and the Board may
own procedures in carrying out its functions in its discretion hear oral arguments thereon.
under the provisions of this article. The Clerk of the Board shall mail to the appli-
Three (3) members shall constitute a quorum cant a notice of the date set for hearing of the
and at least three (3) affirmative votes shall appeal. The notice shall be mailed at least ten
be required in support of any action. (10) days prior to the hearing date.
The Health Officer, or his appointed repre- Within sixty (60) days following its receipt
sentative, shall be a nonvoting ex officio mem- of the notice of appeal the Board of Supervisors
ber of the Variance Board, and shall act as shall either affirm, modify or reverse the de-
Secretary of the Board. cision of the Variance Board.Such decision shall
be based upon the Board's evaluation of the
Meetings of the Noise Variance Board shall matters submitted to the Board in light of the
be held at the call of the Secretary and at such powers conferred on the Variance Board and
times and locations as said Board shall de- the factors to be considered, both as enumer-
•"i roo termine. All such meetings shall be open to the
public. ated in sections 4-6-12 and 4-6-13.
• As part of its decision the Board may direct
Traveling and other expenses incurred by the Variance Board to conduct further proceed-
each Board member in the performance of his ings on said application. Failure of the Board
official duties shall be reimbursed at a rate de- of Supervisors to affirm, modify or reverse the
termined by resolution of the Board of Super- decision of the Variance Board within said
visors. (Ord. No. 2700, § 1, 9-19-73; Ord. No. sixty-day period shall constitute an affirmance
2715, § 1, 11-13-73; Ord. No. 2870, § 1, 10-1- of the decision. (Ord. No. 2715, § 1, 11-13-73)
75)
Sec. 4-6.15. Violations; misdemeanors.
Sec. 4-6-14. Appeals.
Any person violating any of the provisions
Within fifteen (15) days following the deci- of this article shall be deemed guilty of a mis-
sion of the Variance Board on an application demeanor.Each day such violation is committed
the applicant, the Health Officer, or any mem- or permitted to continue shall constitute a sep-
ber of the Board of Supervisors, may appeal arate offense and shall be punishable as such.
the decision to the Board of Supervisors by - The provisions of this article shall not be con-
filing a notice of appeal with the Secretary of strued as permitting conduct not prescribed
the Variance Board. In the case of an appeal herein and shall not affect the enforceability
by the applicant for a variance the notice of of any other applicable provisions of law. (Ord.
appeal shall be accompanied by a fee to be corn- No. 2700, § 1, 9-19-73; Ord. No. 2716, § 1,
noted by the Secretary on the basis of the esti- 11-13-73)
mated cost of preparing the materials required
to be forwarded to the Board of Supervisors as Sec. 4-6-16. Delay in Implementation.
discussed hereafter. If the actual cost of such None of the provisions of this article shall
preparation diners from the estimated cost apply to a fixed noise source during the period
S oo. No. IS
1445