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HomeMy WebLinkAboutItem 2b: Adopt Ordinance No. 2302 amending Arcadia Municipal Code regarding an exemption from the noise limits.A REPORT- Development Services Department DATE: October 2, 2012 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director By: Jim Kasama, Community Development Administrator SUBJECT: ADOPTION OF ORDINANCE NO. 2302 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 4610.3 OF PART 1, CHAPTER 6 OF ARTICLE IV OF THE ARCADIA MUNICIPAL CODE REGARDING AN EXEMPTION FROM THE NOISE LIMITS Recommendation: Adopt Ordinance No. 2302 At the September 18, 2012, meeting, the City Council introduced the attached Ordinance No. 2302, which was proposed to accommodate emergency work and related equipment, which typically generate noise levels in excess of the City's limits. A copy of the September 18, 2012, staff report is attached for reference. It is recommended that the City Council adopt the attached Ordinance No. 2302: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 4610.3 OF PART 1, CHAPTER 6 OF ARTICLE IV OF THE ARCADIA MUNICIPAL CODE REGARDING AN EXEMPTION FROM THE NOISE LIMITS Approved: Dominic Lazza City Manager Attachments: Ordinance No. 2302 September 18, 2012 Staff Report Current Noise Regulations - - THIS PAGE INTENTIONALLY BLANK - - ORDINANCE NO. 2302 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 4610.3 OF PART 1, CHAPTER 6 OF ARTICLE IV OF THE ARCADIA MUNICIPAL CODE REGARDING AN EXEMPTION FROM THE NOISE LIMITS THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 4610.3 of Part 1, Chapter 6 of Article IV of the Arcadia Municipal Code is hereby amended by adding a sub - section (d) to read in its entirety as follows: "(d) Exemption: Noise caused by "Emergency Work" as herein defined and from mechanical devices, apparatus, or equipment used, related to, or connected with such Emergency Work is exempt from the limits prescribed by this Chapter." SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published at least once in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty -first (31S) day after its adoption. Passed, approved and adopted this day of ATTEST: City Clerk APPROVED AS TO FORM: r Step en P. Deitsch City Attorney 2012. Mayor of the City of Arcadia - - THIS PAGE INTENTIONALLY BLANK - - DATE: September 18, 2012 TO: Honorable Mayor and City Council STAFF REPORT Development Services Department FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director'✓zIl- By: Jim Kasama, Community Development Administrator SUBJECT: ORDINANCE NO. 2302 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 4610.3 OF PART 1, CHAPTER 6 OF ARTICLE IV OF THE ARCADIA MUNICIPAL CODE REGARDING AN EXEMPTION FROM THE NOISE LIMITS Recommendation: Introduce Ordinance No. 2302 SUMMARY Following the Windstorm of 2011, there have been a number of permit applications for the installation of backup generators at commercial and residential properties. However, due to the City's noise regulations, these generators must be housed in noise - reducing enclosures, which significantly add to the cost of the installations. These generators, in most cases, are to be used only in an emergency, and, therefore, the resulting noise would only be for a limited period and for a reasonable purpose. However, the City's noise regulations do not include an exemption for emergency - related work or equipment. The proposed Ordinance will add that exemption and alleviate the need for noise - reducing enclosures for backup generators. It is recommended that the City Council introduce the attached Ordinance No. 2302. BACKGROUND The noise regulations in Chapter 6 of Article IV were initially added to the Arcadia Municipal Code by Ordinance No. 1544 that was adopted on November 4, 1975, and which instituted the regulations that are currently in place. A copy of the current regulations is attached. Subsequent amendments added noise limits specifically for mechanical equipment at residentially -zoned properties (Ord. No. 1567 adopted July 7, 1976), deleted an exemption for the S -1 Zone (i.e., the Racetrack - Ord. No. 2012 adopted July 5, 1994), and added noise limits and restrictions for gardening and landscaping activities (Ord. No. 2246 adopted October 7, 2008). The regulations that were adopted on November 4, 1975 (Ord. No. 1544), include definitions; one of which is, "Emergency Work" that reads as follows: Ordinance No. 2302 Noise Regulations — Emergency Work September 18, 2012 — Page 2 of 3 (e) Emergency Work. "Emergency Work" shall mean work made necessary to restore property to a safe condition following, a public calamity, or work required to protect persons or property from an imminent exposure to danger or work by public or private utilities to restore utility service. The regulations also exempt the following: (a) Lawfully conducted parades. (b) Bells, chimes, or carillons while being used in conjunction with religious or patriotic services. (c) Systems used to warn the community of attack or imminent public danger. (d) All authorized school activities being conducted upon school or public property. While a definition of Emergency Work is provided, there is no specific exemption granted. An exemption for emergency work would seem to be as reasonable as any of the above exemptions. It may be that the lack of an exemption for Emergency Work may have been an inadvertent omission; otherwise, the above definition is not needed. DISCUSSION The attached Ordinance No. 2302 will add the following exemption for Emergency Work to the noise regulations in Chapter 6 of Article IV of the Arcadia Municipal Code: (d) Exemption: Noise caused by "Emergency Work" as herein defined, and from mechanical devices, apparatus, or equipment used, related to, or connected with such Emergency Work is exempt from the limits prescribed by this Chapter. This proposed exemption is to be placed at the end of Part 1 of Chapter 6 of Article IV, which is titled, "Noise Limits." A copy of the current regulations is attached. This Part 1 sets forth maximum levels for noise and sound that is to be received on certain types of property from varying sources. The proposed exemption would follow the paragraph {4610.3.(c)) that limits noise from equipment and machinery on residentially -zoned property to a maximum of 55 dBA. Most of the backup or emergency generators that have been proposed for installation in response to the power outages from the windstorm produce an average of about 70 dBA of noise, and the only means to comply with the City's 50 dBA (night time residential) or 55 dBA (day time residential) limits is to completely enclose the generator. This is a significant additional expense, and also increases the space needed to situate the generator. An exemption for emergency work and for any attendant equipment is warranted, not only for private parties, but also for public agencies and utility companies whose emergency response activities are necessary and critical 'to protect the community's health and safety. For non - emergency situations, the noise limits will still apply. The Ordinance No. 2302 Noise Regulations — Emergency Work September 18, 2012 — Page 3 of 3 current noise limits include corrections {4610.3.(b)) to the maximum limits for noises that occur for short periods of time. These corrections are enough to accommodate the monthly testing of generators. There are several institutions that already had backup generators that were put into service after the windstorm. Convalescent and assisted- living facilities, and medical facilities that perform procedures are required to have such backup energy systems, and many large commercial facilities such as grocery stores and banks also have them in order to maintain necessary operations. And, while the operation of the generators at these facilities, as well as the emergency work that was occurring throughout the City, may have exceeded the City's noise limits, that noise does not appear to have been considered a nuisance or a problem. There were no noise complaints regarding backup generators or other equipment related to work being done at any property following the windstorm and the subsequent power outage. ENVIRONMENTAL ANALYSIS The proposed Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the CEQA Guidelines in that the Ordinance itself does not have the potential for causing a significant effect on the environment. Furthermore, per Sections 15269(b) and (c) of the CEQA Guidelines respectively, Emergency Repairs, and Speck Actions Necessary to Prevent or Mitigate an Emergency are exempt. FISCAL IMPACT The proposed Ordinance will have no direct impact to the City's General Fund. RECOMMENDATION It is recommended the City Council introduce Ordinance No. 2302: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 4610.3 OF PART 1, CHAPTER 6 OF ARTICLE IV OF THE ARCADIA MUNICIPAL CODE REGARDING AN EXEMPTION FROM THE NOISE LIMITS Approved: Cominic Lazza o City Manager Attachments: Ordinance No. 2302 Current Noise Regulations - - THIS PAGE INTENTIONALLY BLANK - - CHAPTER 6. NOISE REGULATIONS PART 1. GENERAL PROVISIONS 4610. - DECLARATION OF POLICY. It is hereby declared to be the policy of the City to prohibit unnecessary, excessive, and annoying noises from all sources subject to its police power. At certain levels, noises are detrimental to the health and welfare of the citizenry, and, in the public interests, such noise levels shall be systematically proscribed. 4610.1. - DEFINITIONS. Unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows: (a) A- Weighted Sound Pressure Level. "A- Weighted Sound Pressure Level' shall mean the sound pressure level as measured with a sound meter using the A- weighting network. The standard notation is dBA. (b) Cyclically Varying Sound. "Cyclically Varying Sound" shall mean and include steady or non - steady sound which varies in amplitude such that the same sound pressure level is obtained repetitively at reasonable uniform intervals of time. (c) Day. "Day" shall mean the time period from 7:00 a.m. to 10:00 p.m. (d) Decibel. "Decibel' shall mean a unit for measuring the volume of a sound, equal to the logarithm of the ratio of the sound pressure of a standard sound (.0002 microbars). The standard notation is dB. (e) Emergency Work. "Emergency Work" shall mean work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger or work by public or private utilities to restore utility service. (f) Impulsive Noise. "Impulsive Noise" shall mean and include any noise which is composed of momentary noises that are repeated at sufficiently slow rates, such that a sound level meter set at "fast" meter characteristic will show changes in sound pressure level greater than 10 dBA. (g) Night. "Night" shall mean the time period from 10:00 p.m. to 7:00 a.m. (h) Person. "Person" shall mean a person, firm, association, copartnership, joint venture, corporation, or any entity, public or private in nature. (i) Property Boundary. "Property Boundary" shall mean an imaginary line at the ground surface, which separates the real property owned by one person from that owned by another person and its vertical extension. This shall include condominium units, with the "property boundary" being the wall, floor, or ceiling separating the adjoining condominium units. 0) Pure Tone. "Pure Tone" shall mean a sound wave whose instantaneous sound pressure varies essentially as a simple sinesoidal function of time. (k) Sound. "Sound" shall mean the sensation perceived by the sense of hearing. For the purpose of this ordinance, the term "sound" and "noise" shall be used synonymously. (1) Sound Amplifying Equipment. "Sound Amplifying Equipment" shall mean any machine or device for the amplification of the human voice, music, or any other sound, but shall not include: 1. Warning devices or emergency vehicles. 2. Horns, burglar and fire alarms, or other warning devices expressly authorized by law. (m) Sound Level. "Sound Level' shall mean the decibel level of a sound measured by use of the "A" weight scale, and with slow response by a sound level meter. (n) Sound Level Meter. "Sound Level Meter" shall mean a measurement instrument containing a microphone, or amplifier, an output meter and "A" frequency weighting networks for the measurement of sound levels, which satisfies the pertinent requirements in American Specifications for Sound Level Meters S -4 -971, or the most recent revision thereof. (o) Steady Sound. "Steady Sound" shall mean sound for which the sound pressure level remains essentially constant during the period of observation. It does not vary more than six (6) dBA when measured with the "slow" meter characteristics of a sound level meter. 4610.2. - SOUND LEVEL MEASUREMENTS. Any sound level measurement made pursuant to the provisions of this ordinance shall be Article IV, Chapter 6 -1- Noise Regulations measured with a sound level meter using the A- weighting and response as indicated in Section 4610.1 (n) of this Article. 4610.3. - NOISE LIMITS. (a) It shall be unlawful for any person within the City of Arcadia to produce or cause or allow to be produced sound or noise which is amplified by the use of sound amplifying equipment and which amplified noise or sound is received on property occupied by another person within the designated region, in excess of the following levels, except as expressly provided otherwise or exempted hereinafter: Region Day 7:00 a.m. to 10:00 p.m. Night 10:00 p.m. to 7:00 a.m. Residential Zone 55 dBA 50 dBA Commercial Zone 65 dBA 60 dBA Industrial Zone 70 dBA 70 dBA At the boundary line between two of the above zones the noise level of the quieter zone shall be used. (b) Corrections to Noise Limits. The numerical limits given in Section 4610.3(a) shall be adjusted by the following corrections, where appropriate: (c) It shall be unlawful for any person to produce or cause or allow to be produced sound or noise from air - conditioning equipment, pumps, fans or similar machinery which is received on residentially zoned property occupied by another person in excess of 55 dBA, provided, however, that if such machinery was installed prior to December 1, 1970, the noise level shall not be in excess of 60 dBA. (Amended by Ord. 1567 adopted 7- 20-76) (Chapter 6 of Article IV adopted by Ord. 1416 adopted 12- 1-70; amended by Ord. 1544 adopted 11 -4 -75) PART 2. SPECIAL NOISE SOURCES 4620. - RADIOS, TELEVISION SETS, AND SIMILAR DEVICES. Any noise level from the use or operation of any radio receiving set, musical instrument, phonograph, television set, or other machine or device for the producing or reproducing of sound between 10:00 p.m. and 7:00 a.m., which exceeds the noise limit at the property line of any receiving property, or, if a condominium, within any condominium unit within the complex, by more than five (5) decibels shall be a violation of the provisions of this Chapter. 4620.1. - AMPLIFIED SOUND. The use of loudspeakers or sound amplifying equipment in the City which exceeds the noise limits as set forth in Section 4610.3, at any property line, or, if a condominium unit, within any condominium unit within the complex, shall be in violation of this Chapter. 4620.2. - EXEMPTIONS. (a) Lawfully conducted parades. (b) Bells, chimes, or carillons while being used in conjunction with religious or patriotic services. (c) Systems used to warn the community of attack or imminent public danger. (d) All authorized school activities being conducted upon school or public property. (Amended by Ord. 2012 adopted 7 -5 -94) (Chapter 6 of Article IV added by Ord. 1416 adopted 12 -1- 70; amended by Ord. 1544 adopted 11 -4 -75) Article IV, Chapter 6 -2- Noise Regulations Correction Noise Condition (in dB) 1. Impulsive sounds, pure tone or -5 sounds with a cyclically varying amplitude (The following corrections apply to day only) 2. Noise occurring more than 5 but + 5 less than 15 minutes per hour 3. Noise occurring more than 1 but +10 less than 5 minutes per hour 4. Noise occurring less than 1 +15 minute per hour (c) It shall be unlawful for any person to produce or cause or allow to be produced sound or noise from air - conditioning equipment, pumps, fans or similar machinery which is received on residentially zoned property occupied by another person in excess of 55 dBA, provided, however, that if such machinery was installed prior to December 1, 1970, the noise level shall not be in excess of 60 dBA. (Amended by Ord. 1567 adopted 7- 20-76) (Chapter 6 of Article IV adopted by Ord. 1416 adopted 12- 1-70; amended by Ord. 1544 adopted 11 -4 -75) PART 2. SPECIAL NOISE SOURCES 4620. - RADIOS, TELEVISION SETS, AND SIMILAR DEVICES. Any noise level from the use or operation of any radio receiving set, musical instrument, phonograph, television set, or other machine or device for the producing or reproducing of sound between 10:00 p.m. and 7:00 a.m., which exceeds the noise limit at the property line of any receiving property, or, if a condominium, within any condominium unit within the complex, by more than five (5) decibels shall be a violation of the provisions of this Chapter. 4620.1. - AMPLIFIED SOUND. The use of loudspeakers or sound amplifying equipment in the City which exceeds the noise limits as set forth in Section 4610.3, at any property line, or, if a condominium unit, within any condominium unit within the complex, shall be in violation of this Chapter. 4620.2. - EXEMPTIONS. (a) Lawfully conducted parades. (b) Bells, chimes, or carillons while being used in conjunction with religious or patriotic services. (c) Systems used to warn the community of attack or imminent public danger. (d) All authorized school activities being conducted upon school or public property. (Amended by Ord. 2012 adopted 7 -5 -94) (Chapter 6 of Article IV added by Ord. 1416 adopted 12 -1- 70; amended by Ord. 1544 adopted 11 -4 -75) Article IV, Chapter 6 -2- Noise Regulations PART 3. GENERAL NOISE REGULATIONS 4630. - LOUD, UNNECESSARY AND UNUSUAL NOISE. Notwithstanding any other provision of this Chapter, and in addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be made and continued, any loud, unnecessary and unusual noise which disturbs the peace or quiet of any neighborhood, or which causes discomfort or annoyance to residents of the area. The standards which may be considered in determining whether a violation of the provisions of this Section exists, may include, but not be limited to, the following: (a) The level of the noise; (b) Whether the nature of the noise is usual or unusual; (c) The nature of the area within which the noise emanates; (d) The density of the inhabitation of the area within which the noise emanates; (e) The time of day or night; (f) The duration of the noise; (g) Whether the noise is produced by a commercial or noncommercial activity. 4630.1. - NOISE. MOTORCYCLE, MOTOR - DRIVEN CYCLE, OR MOTOR SCOOTER. No person shall operate a motorcycle, motor - driven cycle, or motor scooter on residential property, or permit such operation on such property under his control, except in the course of driving the vehicle directly onto or off of said property. This Section shall not be construed to permit the operation of a motor vehicle on any unimproved property in violation of the Zoning Ordinance. Motor vehicles operated on the street are regulated by the Vehicle Code and are excluded from the provisions of this Section. 4630.2. - NOISE. GARDENING AND LANDSCAPING. No person shall operate any mechanical equipment related to the gardening and /or landscaping of any property within a residential zone other than from seven (7) a.m. to seven (7) p.m., Monday through Saturday, and from nine (9) a.m. to five (5) p.m. on Sundays within all residential zones; provided, however, that use of mechanical equipment for tree trimming on Sundays shall be prohibited. (Added by Ord. 2246 adopted 10 -7 -08) (Chapter 6 of Article IV added by Ord. 1416 adopted 12 -1- 70, amended by Ord. 1544 adopted 11 -4 -75) Article IV, Chapter 6 -3- Noise Regulations - - THIS PAGE INTENTIONALLY BLANK - -