HomeMy WebLinkAboutAGENDA REPORT 1998 0715 CC REG ITEM 12A'7 / A - 3 (13 )
ITEM 12.. A•
AGENDA REPORT CITY OF MOORPAIM CALIFORNIA
City Council Meeting
of
CITY OF MOORPARK -7 -7-15 , q g
TO: Honorable City Council ACTION: I n tr o d cc c ed
FROM: Nelson Miller, Director of Community Developme ff.-5f
rea d r' n
Prepared by: Wayne Loftus, Planning Manager
DATE: July 7, 1998 (For the City Council Meeting of July 15, 1998)
SUBJECT: CONSIDER ADOPTION OF NOISE ORDINANCE BY ADDING CHAPTER
17.53 - NOISE ORDINANCE TO THE MUNICIPAL CODE, WHICH WILL
IMPLEMENT THE NOISE ELEMENT AND ESTABLISH STANDARDS
AND PROCEDURES TO CONTROL NOISE IN THE CITY OF
MOORPARK; ZONING CODE AMENDMENT 97 -07. (CONTINUED FROM
JUNE 3, 1998)
On January 12, 1998, the Planning Commission adopted two resolutions recommending to the City
Council approval of an updated Noise Element and the addition of a Noise Ordinance to the
Municipal Code. On March 4, 1998, City Council considered the recommendations of the Planning
Commission and adopted the recommended Noise Element as an amendment to the General Plan.
The Noise Ordinance, however, was continued for additional review and clarification especially
relating to the enforcement provisions.
As initially written the proposed Noise Ordinance was patterned after the State Model Noise
Ordinance with some modifications. However, after further review it was concluded that some
clarifications and changes were appropriate and the enforcement provisions were duplicating existing
sections of the Municipal Code and were therefore unnecessary.
As proposed, the revised Noise Ordinance now reflects language provisions and criteria appropriate
for Moorpark in a manner that can be enforced and legally defended. The proposed Ordinance still
recommends a ceiling on noise levels by type of land use, establishes noise ceilings and duration for
stationary uses, and limits the use of certain noise producing equipment and machinery. Enforcement
provisions have been removed and will be handled in the same manner as other Code Violations
consistent with existing sections of the Municipal Code.
The Planning Commission under Planning Commission Resolution No. PC -98 -350 adopted on
January 1, 1998, recommended approval of a Noise Ordinance which has now been amended for
City Council consideration. As indicated above the changes that have been incorporated relate more
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Honorable City Council
July 7, 1998
Consider Adoption of Noise Ordinance by adding Chapter 17.53 - Noise Ordinance
Page 2
to appropriate verbiage rather than a change to the basic content. It is the conclusion of staff that the
revisions remain consistent with the initial document recommended by Planning Commission and
this item need not be returned to the Planning Commission for additional review.
This project is exempt from provisions of the California Environmental Quality Act under CEQA
requirements pursuant to CEQA Guidelines Section 15061 (b) (3).
Introduce for first reading Ordinance No. amending the Moorpark Municipal Code by
adding Chapter 17.53 titled Noise Ordinance.
attachments: Draft Ordinance
Planning Commission Resolution No. PC -98 -350
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0 002 a
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 the public hearing on March
4, 1998; and continued the hearing to March 18, April 6, and June
3; 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
C: \1m \noise e1ement \ccord- noise0rd.wpd /6:22 PM
Municipal Code relating to noise and provisions for its control as
found in "Exhibit A" 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 July, 1998.
Ayes:
Noes:
Abstain:
Absent:
Attest:
Deborah S. Traffenstedt
Patrick Hunter
Mayor
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L OUV)
Chapter 17.53
Noise Ordinance
Sections:
17.53.010 Purpose and Intent
17.53.020 Definitions
17.53.030 Duties
17.53.040 Discretionary Actions
17.53.050 Disturbing Noises Prohibited
17.53.060 Noise Measurement Procedure
17.53.070 Prohibited Acts
17.53.080 Exterior Noise Limits - Sound Levels by Receiving Land
Use Districts
17.53.090 Interior noise Limits
17.53.100 Exemptions
17.53.110 Enforcement
17.53.010 Purpose and Intent
The purpose and intent of this Chapter are to establish criteria
and procedures to implement the Noise Element and 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 Chapter, 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
EXHIBIT A
000 a0
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.
"DEMOLITION" means any dismantling, intentional destruction or
removal of structures, utilities, public or private right -of-
way surfaces, or similar property.
"EMERGENCY WORK" means 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.
� � r ;r r•
"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 /her 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.
"NOISE SENSITIVE LAND USE" means any land use (i.e:
residential development) or designated geographic area (i.e.
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,
airborne, or landborne, 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
U0U'Z1,.
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) for center
frequencies between 160 and 400 Hz and by 15 dB(A) for center
frequencies less than or equal to 125 Hz.
"PROPERTY LINE" means boundary line between two or more
adjacent legal lots as defined in the City of Moorpark
Municipal code.
"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 but not
limited to, 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 observed by the City of Moorpark.
17.53.030 Duties of Director of Community Development as Noise
Control Officer
A. Lead Official. The noise control program established by
this Chapter shall be administered by the Director of
Community Development or his /her designee.
B. Powers. In order to implement and enforce this ordinance
and for the purpose of noise abatement and control, the
Director of Community Development shall have, in addition
to any other authority, 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.
2. Conduct programs of public education regarding:
a. The cause and effects of noise and methods of
abatement and control of noise; and
b. The actions prohibited by this Chapter and the
procedures for reporting violations; and
C. Encourage the participation of public interest
groups in related public information efforts.
3. Develop measurement standards and procedures which
will further the purposes of this Chapter.
4. Develop administrative procedures which will
provide for effective enforcement of this Chapter.
5. Investigate and pursue possible violations based
upon the provisions in this Chapter.
6. Delegate functions, where appropriate under this
Chapter, to personnel under the Director of
Community Development and to other departments as
may be determined by the City Manager, subject to
the approval of the City Council.
17.53.040 Discretionary Actions
A. 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 Planning
Commission or the City Council as the decision making
body shall:
000:�64
1. Review the noise impact of the discretionary permit
by identifying existing and projected noise
generators and the associated sound levels.
2. Require the use of adequate control measures on
noise generators identified through the
discretionary permit process which will be in
violation of any provision of this Chapter.
17.53.050 Disturbing Noises Prohibited
A. 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.
B. The standards 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:
1. The sound level of the objectionable noise.
2. The sound level of the ambient noise.
3. The proximity of the noise to residential sleeping
facilities.
4. The nature and zoning of the area within which the
noise emanates.
5. The number of persons affected by the noise source.
6. The time of day or night the noise occurs.
7. The duration of the noise and its tonal,
informational or musical content.
8. Whether the noise is continuous, recurrent, or
intermittent.
UW� 615
9. Whether the noise is produced by a commercial or
non - commercial activity.
17.53.060 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 complainants,
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.
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.
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17.53.070 Prohibited Acts
A. General. No person shall unnecessarily make, continue,
or cause to be made or continued, any noise disturbance.
Not withstanding any other provision of this Chapter, and
in addition thereto, the following acts, and the causing
or permitting thereof, are declared to be in violation of
this Chapter:
1. 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:
a. Between the hours of 10 p.m. and 7 a.m. any
day of the week in such a manner as to create
a noise disturbance across a residential or
commercial property line or at anytime to
violate the provisions of Section 17.53.050,
except for activities for which a Temporary
Use Permit or Conditional Use Permit has been
issued by the City.
b. In such a manner as to exceed the levels set
forth for public space in Table 4, measured at
a distance of at least 50 feet (15 meters)
from such device operating on a public
right -of -way or public space.
2. Operating for any purpose or permitting the
operation of any loudspeaker, loudspeaker system,
or similar device between the hours of 10 p.m. and
7 a.m. any day of the week, such that the sound
there creates a noise disturbance across a
residential property line, or at any time violates
the provisions of Section 17.53.050, except for any
activity for which a Temporary Use Permit or
Conditional Use Permit has been issued by the City.
3. 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.
0000 1167
4. 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 property line.
5. 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. any day of the week
in such a manner as to cause a noise disturbance
across a residential property line or at anytime to
violate the provisions of Section 17.53.050.
6. Operating or permitting the operation of any tools
or equipment used in construction, drilling,
repair, alteration, or demolition work so as to
violate the provisions of Table 1 or Table 2 or
Table 2A between weekday (Saturdays and legal
holidays observed by the City of Moorpark included)
hours of 7 p.m. and 7 a.m., or at any time on
Sundays, such that the sound there from creates a
noise disturbance across a residential or
commercial property line, except for emergency work
of public service utilities, government agencies,
or by Temporary Use Permit issued by the City.
(This section shall not apply to the use of
domestic power tools or machinery).
7. Operating or permitting the operation of any mobile
or stationary internal combustion engine powered
equipment or machinery that is not equipped with
suitable exhaust and air intake silencers in proper
working order.
8. Operating or permitting the operation of powered
model vehicles:
a. Between the
to create
residential
any time to
Article.
hours of 7 p.m. and 7 a.m. so as
a noise disturbance across a
or commercial property line or at
violate the provisions of this
0 0�
b. In such a manner as to exceed the levels set
forth for public space land use in Table 4,
measured at a distance not less than 100 feet
(3 0 meters) from any point on the path of a
vehicle operating on public space or public
right -of -way.
9. 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; provided however:
a. Houses of religious worship that utilize an
electronically amplified or non - amplified
signal from a bell, chime, carillon or similar
device that may signal the commencement or
completion of worship services shall be exempt
from this provision.
b. Sound sources covered by this provision and
not exempted under any other subsection may be
exempted by a Temporary Use Permit or
Conditional Use Permit issued by the City.
10. The intentional sounding or permitting the sounding
out doors of any fire or burglar alarm, siren,
whistle, or similar stationary emergency signaling
device, except for emergency purposes or for
testing between the hours of 7:00 p.m. and 7:00
a.m. Any such testing shall use only the minimum
cycle test time. In no case shall such test time
exceed 60 seconds.
11. 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. 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
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property line.
13. Operating or permitting the operation of any motor,
machinery, or pump, such as swimming pool
equipment, that is not sufficiently enclosed or
muffled and maintained so as not to create a noise
disturbance or so as at any time to violate the
provisions of Table 2.
14. Operating or permitting the operation of any
air - conditioning or air - handling equipment in such
a manner as to exceed any of the sound levels
listed in Table 3.
15. 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."
Table 1
Residential Properties - Mobile Equipment. Maximum noise
levels for non scheduled, intermittent, short -term
operation (less than 10 days) of mobile equipment:
Table I Areas
Type II Areas Multi - Family
Single Family Residential
Residential
Daily, except
75 dB(A)
80 dB(A)
Sundays and Legal Holidays
7 a.m. to 7 p.m.
Daily, 7 p.m. to 7 a.m.
60 dB(A)
65 dB(A)
and all day Sunday and
Legal Holidays
IU0(1 70
Table 2
Residential Air Conditioning or Air Handling Equipment
Residential Properties - Stationary Equipment. Maximum
noise levels for repetitively scheduled
and relatively
long -term operation (periods of 10 days
or more) of
stationary equipment:
1 -1 -80 dB(A)
Type I Areas
Type II Areas
1 -1 -80 dB(A)
Single Family
60
Multi - Family
property line, 5 feet above
Residential
Residential
Daily, except Sundays and
75 dB(A)
feet from any wall.
80 dB(A)
Legal Holidays
Center of neighboring patio, 5
55
5o
7 a.m. to 7 p.m.
closer than 3 feet from any
Table 2A
Business Properties:
Mobile Equipment
Maximum noise levels for non - scheduled, short -term operation of mobile
equipment:
Daily, including Sundays and Legal Holidays observed by the City of Moorpark,
all hours: maximum of 75 dB(A).
Stationary Equipment
Maximum noise levels for repetitively scheduled and relatively long -term
operation of stationary equipment: Daily, all hours: maximum of 65 dB(A).
Table 3
Residential Air Conditioning or Air Handling Equipment
Air conditioning or air handling equipment operating
within and residential area may not exceed the following
sound levels:
Measurement Location:
Units Installed Before
Units Installed on or
1 -1 -80 dB(A)
after
1 -1 -80 dB(A)
Any point on neighboring
60
55
property line, 5 feet above
grade level, no closer than 3
feet from any wall.
Center of neighboring patio, 5
55
5o
feet above grade level, no
closer than 3 feet from any
wall.
outside the neighboring living
55
50
area window nearest the
equipment location, not more
than 3 feet from the window
opening, but at least 3 feet
from any other surface.
100() 71
17.53.080 Exterior Noise Limits - Sound levels by receiving land
use districts.
A. The noise limits for the various categories of land use
identified in Table 4 shall, unless otherwise
specifically indicated, apply to all such property within
a designated zone.
B. No person shall operate or cause to be operated, any
source of sound at any location within the City 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 4 for a cumulative period of more than 30
minutes in any hour; or
2. The noise standard for that land use as specified
in Table 4 plus 5 dB for a cumulative period of
more than fifteen minutes in any hour; or
3. The noise standard for that land use as specified
in Table 4 plus 10 dB for a cumulative period of
more than five minutes in any hour; or
4. The noise standard for that land use as specified
in Table 4 plus 15 dB for a cumulative period of
more than one (1) minute in any hour; or
5. The noise standard for that land use as specified
in Table 4 plus 20 dB 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 noise limit for that
land use, as specified in Table 4, shall be
adjusted in 5 dB increments in each category as
appropriate to 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.
C. 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.
D. If possible, the ambient noise shall be measured at the
same location along the property line 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 area of the source but at a
sufficient distance such that the noise from the source
is at least 10 dB(A) below the ambient in order that only
the ambient noise level be measured. If the difference
between the ambient noise level and the noise source is
5 to 10 dB(A), then the level of the ambient noise itself
can be reasonably determined by subtracting a one decibel
correction to account for the contribution of the source.
E. 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 4 shall be reduced
by 5 dB(A).
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Table 4
Exterior Noise Limits
Type of Land Use
Time Interval
Allowable Exterior
Single and Multi- family
Residential /Rural and
Agricultural Zones
10 p.m.
7 a.m. -
- 7
10
a.m.
p.m.
55
60
Commercial office/
Neighborhood
10 p.m.
7 a.m. -
- 7
10
a.m.
p.m.
55
60
General Commercial/
Planned Development
10 p.m.
7 a.m. -
- 7
10
a.m.
p.m.
60
65
Industrial Park
Anytime
65
Limited Industrial
Anytime
70
Public Space
All Day
70
0000: t 3
17.53.090 - Interior Noise Limits
A. The interior noise standards as presented in Table 5
shall apply, unless otherwise specifically indicated,
within all dwellings units with windows in their normal
seasonal configuration.
B. 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 in Table 5 for a
cumulative period of more than five minutes in any
hour; or
2. The noise standard as specified in Table 5 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.
3. The noise standard as specified in Table 5 plus
10dB or the maximum measured ambient, for any
period of time.
C. If the measured ambient level differs from that
permissible within any of the noise limit categories
above, the noise limits as specified in Table 5 shall be
decreased in 5 dB(A) increments in each category to
reflect said ambient noise level.
D. 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 5 shall be reduced
by 5 dB.
U 00 F: 7
Table 5
Interior Noise Limits
Type of Land Use
Time Interval
Allowable Interior
Noise Level dB(A)
Single and Multi - family
7 a.m. - 10 p.m.
45/55 (windows open)
Residential
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.
B. The emission of sound in the performance of emergency
work.
C. Warning devices: Warning devices necessary for the
protection of public safety, as for example, police, fire
and ambulance sirens, and train horns.
D. 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.
E. Construction /Demolition; repair, remodeling or grading of
real property, provided the activities occur between the
hours of 7:00 a.m. To 7:00 p.m. weekdays including
Saturday.
F. Stationary non - emergency signaling devices;
G. Domestic power tools, machinery.
17.53.110 - Enforcement - The Community Development Director shall
have primary responsibility for the enforcement of the noise
regulations contained herein. Nothing in this chapter shall prevent
the Community Development Director from obtaining voluntary
compliance by way of warning, notice or education.
0(?0�75
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
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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 Millhouse, Acosta, Miller and
Lowenberg
Noes:
Absent:
PASSED APPROVED AND ADOPTED ON 12th, DAY OF January 1998.
ATTEST:
Celia LaFleur, Secretary
to the Planning Commission
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