HomeMy WebLinkAboutOrdinance No. 08-O5ORDINANCE NO. 08-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA AMENDING THE AZUSA MUNICIPAL CODE
REGARDING NOISE SOURCE STANDARDS
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. DEFINITIONS.
Section 46-402 of the Azusa Municipal Code is hereby deleted in its entirety and restated
to read as follows:
"Sec. 46-402. Definitions.
The following words, phrases and terms as used in this chapter shall have
the meaning as indicated below:
(a) "Ambient noise level" shall mean the all-encompassing noise level associated
with a given environment, being a composite of sounds from all sources,
excluding the alleged offensive noise, at the location and approximate time at
which a comparison with the alleged offensive noise is to be made.
(b) "Commercial property" shall mean a parcel of real property which is
developed and used either in part or in whole for commercial purposes including,
but not limited to, retail and wholesale businesses.
(c) "Cumulative period" shall mean an additive period or time composed of
individual time segments which may be continuous or interrupted.
(d) "Decibel" (db) shall mean a unit which denotes the ratio between two (2)
quantities which are proportional to power; the number of decibels corresponding
to the ratio of two (2) amounts of power is ten (10) times the logarithm to the base
ten (10) of this ratio.
(e) "Director" shall mean the Azusa Director of Economic and Community
Development.
(f) "Emergency machinery, vehicle or work" shall mean any machinery, vehicle or
work used, employed or performed in an effort to protect, provide or restore safe
conditions in the community or for the citizenry, or work by private or public
utilities when restoring utility service.
(g) "Fixed noise source" shall mean a stationary device which creates sounds
while fixed or motionless, including but not limited to, industrial and commercial
machinery and equipment, pumps, fans, compressors, generators, air conditioners
and refrigeration equipment.
(h) "Grading" shall mean any excavating or filling of earth material, or any
combination thereof, conducted to prepare said site for construction or the
placement of the improvements thereon.
(i) "Impact noise" shall mean the noise produced by the collision of one (1) mass
in motion with a second mass which may be either in motion or at rest.
0) "Industrial property" shall mean a parcel of real property which is developed
and used in part or in whole for manufacturing purposes including research and
development uses.
(k) "Ldn" is the average noise level over a 24 hour period. The noise between the
hours of 10 p.m. and 7 a.m. is artificially increased by 10 db(A). This noise is
weighted to take into account the decrease in community background noise of 10
db(A) during this period.
(1) "Mobile noise source" shall mean any noise source other than a fixed noise
source.
(m) "Noise level" shall mean the "A" weighted sound pressure level in decibels
obtained by using a sound level meter at slow response with a reference pressure
of twenty (20) micropascals (micronewtons per square meter). The unit of
measurement shall be designated as db(A).
(n) "Person" shall mean a person, firm, association, co -partnership, joint venture,
corporation or any entity, public or private in nature.
(o) "Residential property" shall mean a parcel of real property which is developed
and used either in part or in whole for residential purposes, other than transient
uses such as hotels or motels.
(p) "Predominant tone noise" shall mean a noise characterized by a predominant
frequency or frequencies so that other frequencies cannot be readily distinguished.
(q) "Professional office" shall mean a parcel of real property which is developed
and used either in part or in whole for business, clerical or professional activities,
not including those activities regulated as commercial properties.
(r) "Public institutional properties" shall mean a parcel of real property which is
developed and used either in part or in whole for religious, hospital, scientific,
educational or charitable purposes.
(s) "Review authority" shall mean the agency, body or department charged with
issuing and/or enforcing conditions of approval.
(t) "Simple tone noise" shall mean a monotone sound consisting of a single pitch
or vibration.
(u) "Sound pressure level' of a sound, in decibels, shall mean twenty (20) times
the logarithm to the base of ten (10) of the ratio of the pressure of the sound to a
reference pressure, which reference pressure shall be explicitly stated."
SECTION 2. NOISE LEVEL MEASUREMENT CRITERIA.
Section 46-403 of the Azusa Municipal Code is hereby deleted in its entirety and restated
to read as follows:
"Sec. 46-403 Noise Level Measurement Criteria.
Any noise level measurements made pursuant to the provisions of this chapter
shall be performed using a sound level meter. The location selected for measuring
exterior noise levels shall be at any point on the property line of the offender or
anywhere on the affected property. Interior noise measurements shall be made
within the affected unit. The measurement shall be made at a point in the affected
unit at least four (4) feet from the wall, ceiling or floor nearest the noise source."
SECTION 3. DESIGNATED NOISE ZONES.
Section 46-404 of the Azusa Municipal Code is hereby deleted in its entirety and restated
to read as follows:
W
"Sec. 46-404 Designated Noise Zones
r)
The properties hereinafter described, whether within or without the City, are
hereby assigned to the following noise zones:
Noise Zone 1: All residential properties;
Noise Zone 2: All professional office and public institutional properties;
Noise Zone 3: All commercial properties with the exception of professional
office properties; and
Noise Zone 4: All industrial properties."
SECTION 4. EXTERIOR NOISE STANDARDS.
Section 46-405 of the Azusa Municipal Code is hereby deleted in its entirety and restated
to read as follows:
"Sec. 46-405 Exterior Noise Standards.
(a) The following noise standards, unless otherwise specifically indicated, shall
apply to all real property within a designated noise zone:
(b) In the event the alleged offensive noise consists entirely of impact noise,
simple tone noise, speech, music or any combination thereof, each of the above
noise levels shall be reduced by 5 db(A)."
SECTION 5. EXTERIOR NOISE LEVELS PROHIBITED.
Section 46-406 of the Azusa Municipal Code is hereby deleted in its entirety and restated
to read as follows:
"Sec. 46-406 Exterior Noise Levels Prohibited.
It shall be unlawful for any person at any location within the incorporated area of
the City to create any noise, or to 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 residential, public institutional, professional,
commercial or industrial property, either within or without the City, to exceed the
Exterior Noise Standards
Noise Zone
Noise Level
Time Period
1
55 db(A)
50 db(A)
7 a.m. — 10 p.m.
10 p.m. — 7 a.m.
2
55 db(A)
Anytime
3
60 db(A)
Anytime
4
70 db(A)
Anytime
(b) In the event the alleged offensive noise consists entirely of impact noise,
simple tone noise, speech, music or any combination thereof, each of the above
noise levels shall be reduced by 5 db(A)."
SECTION 5. EXTERIOR NOISE LEVELS PROHIBITED.
Section 46-406 of the Azusa Municipal Code is hereby deleted in its entirety and restated
to read as follows:
"Sec. 46-406 Exterior Noise Levels Prohibited.
It shall be unlawful for any person at any location within the incorporated area of
the City to create any noise, or to 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 residential, public institutional, professional,
commercial or industrial property, either within or without the City, to exceed the
applicable noise standards:
(a) For a cumulative period of more than thirty (30) minutes in any hour;
(b) Plus 5 db(A) for a cumulative period of more than fifteen (15) minutes in any
hour;
(c) Plus 10 db(A) for a cumulative period of more than five (5) minutes in any
hour;
(d) Plus 15 db(A) for a cumulative period of more than one (1) minute in any
hour; or
(e) Plus 20 db(A) for any period of time.
In the event the ambient noise level exceeds any of the first four (4) noise limit
categories above, the cumulative period applicable to said category shall be
increased 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
said category shall be increased to reflect the maximum ambient noise level."
SECTION 6. INTERIOR NOISE STANDARDS.
Section 46-407 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-407 Interior Noise Standard.
(a) The following noise standards, unless otherwise specifically indicated, shall
apply to all real property with a designated noise zone:
(b) In the event the alleged offensive noise consists entirely of impact noise,
simple tone noise, speech, music; or any combination thereof, each of the above
noise levels shall be reduced by 5 db(A)."
SECTION 7. INTERIOR LEVELS OF NOISE PROHIBITED.
Section 46-408 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-408 Interior Levels of Noise Prohibited.
It shall be unlawful for any person at any location within the incorporated area of
the City to create any noise, or to allow the creation of any noise on property
owned, leased, occupied, or otherwise controlled by such person, which causes the
noise level when measured within any other structure on any residential, public
Interior Noise Standards
Noise Zone
Noise Level
Time Period
1
55 db(A)
45 db(A)
7 a.m. — 10 p.m.
10 p.m. — 7 a.m.
2, 3, 4
55 db(A)
Anytime
(b) In the event the alleged offensive noise consists entirely of impact noise,
simple tone noise, speech, music; or any combination thereof, each of the above
noise levels shall be reduced by 5 db(A)."
SECTION 7. INTERIOR LEVELS OF NOISE PROHIBITED.
Section 46-408 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-408 Interior Levels of Noise Prohibited.
It shall be unlawful for any person at any location within the incorporated area of
the City to create any noise, or to allow the creation of any noise on property
owned, leased, occupied, or otherwise controlled by such person, which causes the
noise level when measured within any other structure on any residential, public
'1
institutional, commercial, or industrial property to exceed:
(a) The noise standard for a cumulative period of more than five (5) minutes in
any hour;
(b) The noise standards plus 5 db(A) for a cumulative period of more than one (1)
minute in any hour; or
(c) The noise standard plus 10 db(A) for any period of time.
In the event the ambient noise level exceeds either of the first two (2) noise limit
categories above, the cumulative period applicable to said category shall be
increased to reflect said ambient noise level. In the event the ambient noise level
exceeds the third noise level, the maximum allowable noise level under said
category shall be increased to reflect the maximum ambient noise level. 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 or music. In the event
that the noise source and the affected property are within different noise zones, the
noise standards of the affected property shall apply."
SECTION 8. CONSTRUCTION.
Section 46-409 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-409 Construction.
In order to allow construction schedules to take advantage of the weather and
normal daylight hours, and to ensure that nearby residents as 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 the table below or as required by conditions of approval.
SECTION 9. PROHIBITED NOISE.
Section 46-410 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-410 Prohibited Noise.
Construction Hours
Days
Allowable Hours
7:00 a.m. to 6:00 p.m.
Monday through Saturday
Extended construction hours may only be allowed by
the review authority through conditions of approval
between 6 p.m. and 10 p.m.
Construction activities may only be allowed by the
Sunday and National Holidays
review authority through conditions of approval
between 9 a.m. and 5 p.m.
SECTION 9. PROHIBITED NOISE.
Section 46-410 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-410 Prohibited Noise.
Notwithstanding any other provisions of this chapter and in addition thereto, it
shall be unlawful for any person to do any of the following:
(a) Motor vehicles. No person within the City shall make, continue or cause
to be made or continued any loud, unnecessary or unusual noise nor shall any
person race the motor of any motor vehicle, needlessly bring to a sudden start or
stop any motor vehicle or operate any motor vehicle, including any motorcycle,
trail bike, dune buggy, motor scooter or jeep, or the motor thereof on any place
other than a highway so as to disturb the peace or quiet of any neighborhood or
person by noise, dust, smoke or fumes caused by such motor vehicle nor shall any
person make any noise which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of others.
(b) Equipment and machinery. No person shall use, operate or permit to be
used or operated within or near any residential zone any power tool, machine or
equipment or any other tool, machine or equipment between the hours of 10:00
p.m. and 7:00 a.m., in such a manner that the sounds therefrom disturb or interfere
with the peace, comfort or welfare of the neighboring inhabitants, except for
emergency work.
(c) Radios, phonographs, musical instruments or other devices. No person
shall use or operate or permit to be played, used or operated, when under his
control or direction, any radio, receiving set, musical instrument, phonograph or
other machine or device for the producing or reproducing of sound in such a
manner as to disturb the peace, quiet and comfort of the neighboring inhabitants
or at any time with louder volume than is necessary for convenient hearing for the
persons who are in the room, vehicle or chamber in which such machine or device
is operated and who are voluntary listeners thereto. No person shall use or operate
or permit to be used, operated or played while under his control any radio,
receiving set, musical instrument, phonograph or other machine or device for the
producing or reproducing of sound between the hours of 10:00 p.m. and 7:00 a.m.,
in such a manner that the sound therefrom is plainly audible at a distance of fifty
feet (50') from the building, structure or vehicle in which it is located
(d) Loudspeakers and amplifiers. ,
(1) No person shall use or operate or permit to be played, used or
operated while under his control any radio, receiving set, musical instrument,
phonograph, loudspeaker, sound amplifier or other machine or device for the
producing or reproducing of sound which is cast upon the public streets for the
purposes of commercial advertising or attracting the attention of the public to any
building or structure.
(2) No person shall use or operate or permit to be played, used or
operated while under his control any radio, receiving set, musical instrument,
phonograph, loudspeaker, sound amplifier or other machine or device for the
producing or reproducing of sound in a public park, unless in conjunction with an
Outdoor Festival (A.M.C. Sections 18-811 et seg.) or a City sponsored event.
(e) Public address systems. No person shall install, maintain or operate any
outdoor paging system or public address system which is:
(1) Capable of producing a sound level of 5 db(A) above the ambient
sound level at the property line of the adjacent property;
(2) Operated between the hours of 9:00 p.m. and 8:00 a.m.; and
(3) Used in a manner as to create a sound upon any residential property
at any time, which sound is of such tone or volume as to be annoying or disturbing
to persons of normal sensibility upon any residential property
(f) Animals and birds. No person shall keep, maintain or permit upon any lot
or parcel of land under his control any dog, animal or fowl which by any sound,
bark or cry disturbs the peace or comfort of the neighboring inhabitants or
interferes with any person for the reasonable and comfortable enjoyment of life
and property."
SECTION 1O. LIMITATION ON TRUCK DELIVERIES.
Section 46-411 is hereby added to the Azusa Municipal Code to read as follows
"Sec. 46-411 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."
SECTION 11. NOISE RECEPTOR STANDARDS.
Section 46-412 is hereby added to the Azusa Municipal Code to read as follows
"Sec. 46-412 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 Sections 46-405 and 46-407,
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
db(A) 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 (5) single-family dwellings or less than
ten thousand (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 db(A) 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."
SECTION 12. EXEMPTIONS.
Section 46-413 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-413 Exemptions.
The following activities shall be exempt from the provisions of this chapter
(a) School bands, school athletics and school entertainment events, provided such
events are conducted on school property or authorized by the City;
(b) Activities otherwise lawfully conducted in public parks, public playgrounds
and public or private school grounds;
(c) Any mechanical device, apparatus or equipment used, related to or connected
with
emergency machinery, vehicle or work;
(d) Noise sources associated with construction, repair, remodeling, or grading of
any real
property; provided a permit has been obtained from the City; and provided said
activities take place between the hours enumerated in Section 46-409.
(e) Noise sources associated with the maintenance of real property provided said
activities take place between the hours of 8 a.m. and 8 p.m. on any day except
Sunday or between the hours of 9 a.m. and 5 p.m. on Sunday or a federal holiday;
(f) Noise sources associated with the authorized collection of solid waste.
(g) Any activity or equipment to the extent that design regulation thereof has been
pre-empted by state or federal laws."
SECTION 13. MISCELLANEOUS PROVISIONS.
Section 46-414 is hereby added to the Azusa Municipal Code to read as follows
"Sec. 46-414 Miscellaneous Provisions.
(a) Acoustical analysis required. Where Director determines that a proposed
project may generate noise in excess of any limit established by Sections 46-405
and 46-407, and/or where the use may generate noise in outdoor areas in excess of
60 db(A), 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."
SECTION 14. VIOLATION.
Section 46-415 is hereby added to the Azusa Municipal Code to read as follows:
"Sec. 46-415 Violation.
Any person violating any of the provisions of this chapter shall be deemed guilty
of a MISDEMEANOR. Each day such violation is committed or permitted to
continue shall constitute a separate offense and shall be punishable as such. The
provisions of this chapter shall not be construed as permitting conduct not
proscribed herein and shall not affect the enforceability of any other applicable
provisions of law."
SECTION 15. SEVERABILITY.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason 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 portions of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and
each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of
the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or
portions might subsequently be declared invalid or unconstitutional.
SECTION 16. , CEQA.
The City Council finds that this Ordinance is not subject to the California Environmental
Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity
is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly.
SECTION 17. EFFECTIVE DATE.
This Ordinance shall become effective thirty (30) days after its adoption.
SECTION 18. PUBLICATION.
The City Clerk shall certify the adoption of this Ordinance and shall cause the same'to be
posted as required by law.
PASSED, APPROVED, AND ADOPTED this 2°d day of June, 2008.
/Oseph 9. Rocha, Mayor
ATTEST:
Z'
Vera Mendoza, City Clerk
APPROVED AS TO FORM:
A�Tu;" x- cvy ct"
Sonia R. Carvalho, City Attorney
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF AZUSA
I HEREBY CERTIFY that the foregoing Ordinance No. 08-05, 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 14d' day of April, 2008, and that thereafter, said ordinance was duly adopted and passed at a
regular meeting on the 2nd day of June, 2008, by the following vote of the Council:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE