HomeMy WebLinkAbout09-04 CC OrdinanceORDINANCE NO. 09-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA REPEALING CHAPTER 8.32 (NOISE
CONTROL) OF THE TEMECULA MUNICIPAL CODE AND
AMENDING SECTIONS 9.20.020.E, 9.20.020.F, 9.20.040,
9.20.050, 9.20.060.D, AND 9.20.070.A.1 OF THE
TEMECULA MUNICIPAL CODE CONCERNING
REGULATION OF NOISE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 8.32, Noise Control, of the Temecula Municipal Code is
hereby repealed. The provisions of Chapter 8.32 were moved and are now contained in
Section 9.20.060.D of the Temecula Municipal Code.
Section 2. Section 9.20.020.E of the Temecula Municipal Code is hereby
amended to read as follows:
"E. "Decibel" means a unit (dB) for measuring the relative amplitude of a
sound equal approximately to the smallest difference normally detectable by the human
ear, the range of which includes approximately 130 decibels on a scale beginning with
zero decibels for the faintest detectable sound. Decibels are measured with a sound
level meter using the methodology defined below:
1. A-weighting (d BA) means the standard A-weighted frequency
response of a sound level meter, which de-emphasizes low and high frequencies of
sound in a manner similar to the human ear for moderate sounds.
2. Maximum Sound level (Lmax) means the maximum sound level
measured on a sound level meter."
Section 3. Section 9.20.020.F of the Temecula Municipal Code is hereby
amended to read as follows:
"F. "Governmental Agency" means the United States, the State of California,
the County of Riverside, the City of Temecula, water districts, school districts, or
any combination of these agencies."
Section 4. Section 9.20.040 of the Temecula Municipal Code is hereby
amended to read as follows:
"9.20.040 General Sound Level Standards. No person shall create any
' sound, or allow the creation of any sound, on any property that causes the exterior
sound level on any other occupied property to exceed the sound level standards set
forth in Tables N-1 and N-2.
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TABLE N-1
TEMECULA LAND USE /NOISE STANDARDS
Maximum Noise Level
Property Receiving Noise
(dBA)
Type of Use
Land Use
Interior
Exterior
Designation
Hillside
Rural
Very Low
45
65
Residential
Low
Low Medium
Medium
45
65/70'
High
45
70'
Neighborhood
Community
Commercial and
70
Office
Highway Tourist
Service
Professional Office
50
70
Light Industrial
Industrial Park
55
75
Schools
50
65
Publi
/In
tit
ti
l
c
s
u
ona
All others
50
70
Vineyards/Agriculture
70
O
n S
pe
pace
Open Space
70/652
' Maximum exterior noise levels up to 70 dBA are allowed for Multiple-Family
Housing.
Where quiet is a basis required for the land use.
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Ll
L
TABLE N-2
NOISE/LAND USE COMPATIBILITY MATRIX
Noise Exposure
Land Use (dBA)
55 60 65 70 75 80
Residential
Transient Lodging - Motel,
Hotel
Schools, Libraries,
Churches, Hospitals,
Nursing Homes
Auditoriums, Concert Halls,
Amphitheaters
Sports Arena, Outdoor
Spectator Sports2
Playgrounds, Parks
Golf Course, Riding
Stables, Water Recreation,
Cemeteries
Office Buildings, Business
Commercial, and
Professional
Industrial, Manufacturing,
Utilities, Agriculture
Source: Modified from 1998 State of California General Plan Guidelines.
Normally Acceptable: Specified land use is satisfactory, based upon the assumption that any
buildings involved meet conventional Title 24 construction standards. No special noise insulation
requirements.
ME Conditionally Acceptable: New construction or development shall be undertaken only after a detailed
noise analysis is made and noise reduction measures are identified and included in the project design.
Normally Unacceptable: New construction or development is discouraged. If new construction is
proposed, a detailed analysis is required, noise reduction measures must be identified, and noise
insulation features included in the design.
Clearly Unacceptable: New construction or development clearly should not be undertaken.
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3
Section 5. Section 9.20.050 of the Temecula Municipal Code is hereby
amended to read as follows:
9.20.050 Sound Level Measurement Methodology. The actual location of a
sound level measurement shall be at the discretion of the enforcement officials
identified in Section 9.20.080 of this Chapter. Sound level measurements shall be
made with a sound level meter. Immediately before a measurement is made, the sound
level meter shall be calibrated utilizing an acoustical calibrator meeting the standards of
the American National Standards Institute. The transmission of noise shall be
measured by the average of three A-weighted decibel (dBA) noise readings, taken not
less than five minutes apart over a 30-minute time frame. Following a sound level
measurement, the calibration of the sound level meter shall be re-verified. Sound level
meters and calibration equipment shall be certified to industry standards annually."
Section 6. Section 9.20.060.13 of the Temecula Municipal Code is hereby
amended to read as follows:
"D. Construction. No person shall engage in or conduct construction activity,
when the construction site is within one-quarter mile of an occupied residence, between
the hours of 6:30 p.m. and 7:00 a.m., Monday through Friday, and shall only engage in
or conduct construction activity between the hours of 7 a.m. and 6:30 p.m. on Saturday.
No construction activity shall be undertaken on Sunday and nationally recognized
' holidays unless exempted by Section 9.20.070 of the Temecula Municipal Code. Public
works projects of any federal, state or local entity or emergency work by public utilities
are exempt from the provisions of this subsection D. Residents working on their homes
or property are exempt from the prohibition of construction activities on Sundays and
holidays and shall only engage in or conduct construction activity between the hours of
7 a.m. and 6:30 p.m. when working on Sundays and holidays. The City Council may, by
formal action, exempt projects from the provisions of this Chapter."
Section 7. Section 9.20.070.A.1 of the Temecula Municipal Code is hereby
amended to read as follows:
"A. Application and Processing.
1. Construction-Related Exceptions. An application for a Construction
Related Exception shall be made on a Minor Exception form. The form shall be
submitted in writing at least three working days (72 hours) in advance of the scheduled
and permitted activity and shall be accompanied by the appropriate inspection fee(s).
The application is subject to approval by the City Manager or his designated
representative. No Public Hearing is required."
Section 8. PRIOR ORDINANCE. The provisions of Chapter 9.20 shall
supersede the provisions of any Ordinances in conflict therewith adopted by reference
in Chapter 1.08 of the Temecula Municipal Code.
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' Section 9. SEVERABILITY. If any portion, provision, section, paragraph,
sentence, or word of this Ordinance is rendered or declared to be invalid by any final
court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining portions, provisions, sections, paragraphs, sentences, and
words of this Ordinance shall remain in full force and effect and shall be interpreted by
the court so as to give effect to such remaining portions of the Ordinance.
Section 10. EFFECTIVE DATE. This Ordinance shall take effect 30 days after
its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 24th day of March, 2009.
aryann Edwards, Mayor
ATTEST
Susan . Jo es, MMC
City CI k
[SEAL]
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' STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify
that the foregoing Ordinance No. 09-04 was duly introduced and placed upon its first
reading at a meeting of the City Council of the City of Temecula on the 10th day of
March, 2009, and that thereafter, said Ordinance was duly adopted by the City Council
of the City of Temecula at a meeting thereof held on the 24th day of March, 2009, by
the following vote:
AYES:
5
COUNCIL MEMBERS:
Comerchero, Naggar, Roberts,
Washington, Edwards
NOES:
0
COUNCIL MEMBERS:
None
ABSENT:
0
COUNCIL MEMBERS:
None
ABSTAIN:
0
COUNCIL MEMBERS:
None----:;,Q
' Susan W.pon Ci ty t MMC
J/ Clerk
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