HomeMy WebLinkAboutOrdinance No. 06-O70
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA
REPEALING DIVISION 2. NOISE, OF CHAPTER 46, ARTICLE IX, IN
ITS ENTIRETY AND REPLACING IT WITH THE STANDARDS OF
CHAPTER 88.31.020 NOISE STANDARDS OF CHAPTER 88
DEVELOPMENT CODE AS AMENDED BY CODE AMENDMENT CASE
WHEREAS, on February 22, 2005, the City Council adopted a complete
revision to the Zoning Code (Development Code) including regulations related to noise
standards; and
WHEREAS, in addition to the preparation of the Development Code, the City
also directed the preparation of an Environmental Impact Report ("EIR") that discusses the
potential environmental impacts of the General Plan and Development Code in accordance
with California Environmental Quality Act ("CEQA"), the state CEQA Guidelines and the
City's Local Guidelines for implementing CEQA; and
WHEREAS, some of the new noise regulations are in conflict with the noise
regulations contained in Chapter 46 of the Municipal Code; and
WHEREAS, on May 15, 2006, and July 17, 2006, the City Council of the
City of Azusa ("City Council") conducted a duly noticed public hearing on the revisions to
the Development Code at which time all persons wishing to testify in connection with the
revisions to the Development Code were heard and the revisions to the Development Code
were fully studied, discussed and deliberated; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA
DOES ORDAIN AS FOLLOWS:
SECTION 1: Based on the entire record before the City Council, all written and oral
evidence presented to the City Council, and the findings made in this Ordinance, the City
Council of the City of Azusa hereby rescinds Division 2. Noise, of Chapter 46, Article IX in
its entirety; and
SECTION 2: That the standards of Division 2. Noise, of Chapter 46, Article D{ in its
entirety shall be replaced with the following standards:
Division 2 — Noise Standards
Sec 46-401. Purpose.
This Section implements the policies of the Noise Element of the General Plan, and
provides standards for noise mitigation that are intended to protect the community health,
safety, and general welfare by limiting exposure to the unhealthful effects of noise.
Sec 46-402. Applicability.
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Ordinance No. 06-07
August 7, 2006
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No use, activity, or process shall exceed the maximum allowable noise levels established by this
Section, except for the following noise sources:
(a) Emergencies. Public safety warning devices (e.g., ambulance, fire, and police sirens), sound
for alerting persons to the existence of an emergency, or the performance of authorized
emergency work;
(b) State or Federal preempted activities. Any activity regulated by State or Federal law,
(c) Public health and safety activities. Construction, maintenance, and/or repair operations by
public agencies and/or utility companies or their contractors that are serving public interests, and/or
protecting the public health, safety, and general welfare;
(d) Parks. Public agency sanctioned recreational activities and programs conducted in public
parks, and
(e) Solid waste collection. The authorized collection of solid waste.
Sec. 46-403. Noise source standards.
(a) Noise level limitations. No use, activity, or process within the City shall generate noise in
excess of the levels identified by Tables 1 and 2, as the noise is measured at the property line of a
noise sensitive land use identified in Tables 1 and 2.
(1) If the measured ambient noise level exceeds the applicable noise level standard in any
category shown in Table 1, the applicable standards shall be adjusted to equal the ambient
noise level.
(2) If the intruding noise source is continuous and cannot reasonably be discontinued or
stopped to allow measurement of the ambient noise level, the noise level measured while
the source is in operation shall be compared directly to the applicable noise level standards
identified in Table 1.
Notwithstanding the above requirements, no person shall allow or cause the generation of any
noise of a type, volume, pitch, tone, repetition, or duration that would be found to be a nuisance by
a reasonable person beyond the boundaries of the property where the noise is generated.
TABLE 1 - MAXIMUM ALLOWABLE NOISE LEVEL BY RECEIVING LAND USE
Noise Sensitive Land Use
Outdoor
Activity
Areas 1 2
Interior Spaces
dBA Ldn
dBA Ldn dBA Leg
Residential
65
45
N.A.
Transient lodging
65
45
N.A.
Hospitals, extended care
65
45
N.A.
Theater, auditorium
3
45
35
Meeting facility, public or private
65
45
40
Offices
65
45
45
School, library, museum
65
45
45
Playground, ark
70
N.A.
N.A.
Notes:
Ordinance No. 06-07
August 7, 2006
Page 3 of 6
(1) Where the location of outdoor activity areas is unknown, the exterior noise level
standard shall be applied to the property line of the receiving land use.
(2) Where it is not possible to reduce noise in outdoor activity areas to 65 dB
Ldn/CNEL or less using a practical application of the best -available noise
reduction measures, an exterior noise level of up to 70 dB Ldn/CNEL may be
allowed provided that available exterior noise level reduction measures have
been implemented and interior noise levels are in compliance with this table.
(3) Subject to an acoustical analysis in compliance with Subsection 46403 (b)
TABLE 2 - NOISE STANDARDS FOR
SHORT -DURATION EVENTS NEAR RESIDENTIAL AREAS
Notes:
(1) If the offensive noise contains a steady, audible tone (e.g., a screech or hum), is a
repetitive noise (e.g., hammering), or contains speech or music, the maximum allowable
sound level shall be reduced by 5 dB.
(b) Acoustical analysis required. Where the Economic and Community Development
Director (Director) determines that a proposed project may generate noise in excess of any
limit established by Table 1, and/or where the use may generate noise in outdoor areas in
excess of 60 dBA, the land use permit application for the use shall include an acoustical
analysis by a qualified professional approved by the Director.
(1) Contents. The analysis shall determine the potential for stationary source noise
impacts to neighboring land uses, include field measurements to determine more precise
locations for existing and projected future noise levels (based on traffic projections in the
Circulation Element of the General Plan or as otherwise accepted by the City), and
recommend appropriate mitigation measures.
(2) Preferred mitigation measures for receptor sites. When development is
subject to high noise levels requiring mitigation, the following measures shall be considered
and preference shall be given where feasible in the following order.
a. Site layout, including setbacks, open space separation and shielding of
noise sensitive uses with non -noise -sensitive uses;
b. Acoustical treatment of buildings; or
c. Structural measures such as constructed of earth berms and/or wood or
concrete barriers, provided that no sound wall shall be located adjacent to a
public street.
(c) Limitation on hours of construction. In order to allow construction schedules to take
advantage of the weather and normal daylight hours, and to ensure that nearby residents as
Maximum Allowable Sound Level 1
Sound Level
Day/Evening dB
7amto10 m
Night dB
10 pm to
Hourly LN dB
50
45
Maximum Level, dB
70
65
Maximum Level, dB, for Impulsive
Noise
65
60
Notes:
(1) If the offensive noise contains a steady, audible tone (e.g., a screech or hum), is a
repetitive noise (e.g., hammering), or contains speech or music, the maximum allowable
sound level shall be reduced by 5 dB.
(b) Acoustical analysis required. Where the Economic and Community Development
Director (Director) determines that a proposed project may generate noise in excess of any
limit established by Table 1, and/or where the use may generate noise in outdoor areas in
excess of 60 dBA, the land use permit application for the use shall include an acoustical
analysis by a qualified professional approved by the Director.
(1) Contents. The analysis shall determine the potential for stationary source noise
impacts to neighboring land uses, include field measurements to determine more precise
locations for existing and projected future noise levels (based on traffic projections in the
Circulation Element of the General Plan or as otherwise accepted by the City), and
recommend appropriate mitigation measures.
(2) Preferred mitigation measures for receptor sites. When development is
subject to high noise levels requiring mitigation, the following measures shall be considered
and preference shall be given where feasible in the following order.
a. Site layout, including setbacks, open space separation and shielding of
noise sensitive uses with non -noise -sensitive uses;
b. Acoustical treatment of buildings; or
c. Structural measures such as constructed of earth berms and/or wood or
concrete barriers, provided that no sound wall shall be located adjacent to a
public street.
(c) Limitation on hours of construction. In order to allow construction schedules to take
advantage of the weather and normal daylight hours, and to ensure that nearby residents as
Ordinance No. 06-07
August 7, 2006
Page 4 of 6
well as nonresidential activities are not disturbed by the early morning or late night activities,
the City has established the following limits on construction, in compliance with Table 3 or
as required by conditions of approval.
TABLE 3 - ALLOWABLE HOURS OF CONSTRUCTION
Das Allowable Hours
Monday through Saturday
7:00 a.m. to 6:00 p.m.
Extended construction hours may only be
allowed by the review authority through
conditions of approval between 6 p.m. and 10
p.m.
Sunday and National Holidays
Construction activities may only be allowed
by the review authority through conditions of
approval between 9 a.m. and 5 p.m.
Sec. 46-404. Limitation on truck deliveries. Truck deliveries to a commercial or
industrial parcel adjacent to a conforming residential use shall be limited to the hours
between 7:00 a.m. and 7:00 p.m., unless the Director authorizes other delivery times
based on the determination that there is either no feasible alternative, or there are
overriding transportation and traffic management benefits to scheduling deliveries at
night.
Sec. 46-405. Noise receptor standards. Where noise -sensitive land uses are proposed
in areas exposed to existing or projected noise levels in excess of the standards in
Tables 1 and 2, the City shall require an acoustical analysis as part of the environmental
review process so that noise mitigation may be included in the project design, so that
proposed structures are designed to limit intruding noise in interior rooms to 45 dBA Ldn.
At the discretion of the Director, the requirement for an acoustical analysis may be
waived if all of the following conditions are satisfied:
(a) The development is for less than five single-family dwellings or less than 10,000
square feet of total gross floor area for office buildings meeting facilities,
(b) The noise source in question consists of a single roadway or railroad for which up-to-
date noise exposure information is available. An acoustical analysis will be required if the
noise source is a stationary noise source, or if there are multiple noise sources that
could affect the project;
(c) The projected future noise exposure at the exterior of proposed buildings or outdoor
activity areas does not exceed 65 dBA Ldn;
(d) The topography of the area is essentially flat; and
(e) Effective noise mitigation, as determined by the Director, is incorporated into the
project design. The measures can include, but are not limited to, the use of building
setbacks, building orientation, or noise barriers. If closed windows are required for
compliance with interior noise level standards, air conditioning or a mechanical
ventilation system will be required.
Sec 46-406 Noise measurement. In order to determine compliance with the standards
in Tables 1 and 2, exterior noise levels shall be measured at the property line of the
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Ordinance No. 06-07
August 7, 2006
Page 5 of 6
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noise sensitive land use receiving the noise. Noise measurement shall be made with a
sound level meter using the'A' weighted scale at slow meter response. Fast meter
response shall be used only for an impulsive noise.
SECTION 3: The City Council finds that the revisions to Division 2. Noise, of
Article IX, of Chapter 46, are in the public interest and reasonably related to the public
welfare because they represent operational standards that assure that land uses in Azusa
are environmentally sensitive protect the public health, safety and welfare of the residents
and business owners of the City.
SECTION 4: The City Council also finds that adoption of these revisions are
consistent with the City of Azusa General Plan because the revisions support the future
land uses identified in the General Plan and eliminate an internal inconsistency in the
Municipal Code.
SECTION 5. Severability. If any section, subsection, sentence, clause phrase or
portion of this Ordinance is for any reason deemed or held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portion of this Ordinance or Municipal Code. The City Council of the City
of Azusa hereby declares that they would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more
section, subsection, subdivision, paragraph, sentence, clause or phrase would be declared
invalid, unconstitutional or unenforceable.
SECTION 6. Effective date. This ordinance shall be in full force and effect thirty (30)
days after its passage.
SECTION 7. Summary. A summary of this ordinance shall be published in the
manner required by law.
PASSED, APPROVED AND ADOPTED this 7'" day of August, 2006.
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D ane Chagnon
Mayor
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Ordinance No. 06-07
August 7, 2006
Page 6 of 6
F474rj W
Vera Mendoza
City Clerk
I Vera Mendoza, City Clerk of the City of Azusa hereby certify that the foregoing
Ordinance No. 06-07 was duly introduced and placed upon its first reading at a regular
meeting of the City Council of the City of Azusa held on the 17'h day of July 2006, and
that thereafter, said ordinance was duly adopted and passed at a regular meeting of
August 7, 2006, by the following vote of the Council:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss.
CITY OF AZUSA )
AYES: COUNCIL MEMBERS: HARDISON, CARRILLO, HANKS, CHANGON
NOES: COUNCIL MEMBERS: ROCHA
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
Vera Mendoza,
City Clerk
APPROVED AS TO FORM:
City A rney