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HomeMy WebLinkAbout07_033 PC Resolution PC RESOLUTION NO. 07-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE . CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.20 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING CITYWIDE STANDARDS FOR REGULATING NOISE (PLANNING APPLICATION NO. PA07-0157)" Section 1. Procedural Findinas. The Planning Commission of the City of Terilecula does hereby find, determine and declare that: A. On June 6, 2007 the Planning Commission identified a need to amend the adopted Municipal Code to add a new Chapter to the Temecula Municipal Code regarding the regulation of noise (Planning Application No. PA07-0157). B. The Ordinance was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on June 6, 2007, at a duly noticed public hearing as prescribed by law, at which. time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the June 6, 2007 Planning Commission hearing and after due consideration of the testimony, the Commission recommended a continuance of the item for staff to address issues brought forth during the hearing. E. The Planning Commission, at a regular meeting, considered the Application and environmental review on September 5, 2007, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. F. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended that the City Council approve Planning Application No. PA07-0157 based upon the findings set forth hereunder and subject to the following revisions: i. Reinstate an exemption for community events on public or private property (Section 9.02.030), and; ii. Include provisions for enforcement of repeat offenders (Section 9.20.060. E). G. All legal preconditions to the adoption of this Resolution have occurred. G:IPlanning\2007IPA07-0157 Noise OrdinanceIPlanninglFinai PC RESOLUTION 09-19-07.doc . 1 Section 2. Further Findinas. The Planning Commission, in approving the Application hereby finds, determines and declares that: A. The proposed Ordinance is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other ordinance of the City; The proposed Noise Ordinance conforms to the City of Temecula General Plan in thatthe criteria for establishing reasonable noise levels is identified in the City of Temecula General Plan Noise Element. Furthermore, the proposed Noise Ordinance directly responds to Goal 2, Policy 2.1 of the General Plan Noise Element and Goal 3, Policy 3. 1 of the General Plan Noise Element. B. The proposed Ordinance is consistent with the Municipal Code and Development Code for the City of Temecula; The proposed Noise Ordinance has been designed to be intemally consistent with the Municipal Code and the Development Code in terms of referencing key components of the City's currently adopted Noise Control Ordinance, which applies to construction related noise, and enforcement issues. Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 07-_ (Ordinance Regulating Noise) is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The Ordinance will have no adverse environmental affects because it will reduce the public's exposure to the harmful effects of loud ambient noise levels and nuisance noise. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council approve Planning Application No. PA07- 0157, a proposed Citywide Noise as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. . G:IPlanning\2007IPA07-0157 Noise OrdinanceIPlanninglFinal PC RESOLUTION 09-19-07.doc 2 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of September, 2007. ATTEST: ~lJeIhy- ~ yJv Debbie Ubnoske, Secretary . ~ ,( . [SEAL] - 0-. ",.J r' . I, "., STATE OF CALlFORNIIC ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby. certify that the forgoing PC Resolution No. 07-33 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of September 2007, by the following vote: AYES: NOES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Harter,Telesio o PLANNING COMMISSIONERS: ABSENT: 1 PLANNING COMMISSIONERS: Chiniaeff ABSTAIN: 0 PLANNING COMMISSIONERS: ~?- ~~~ Debbie Ubnoske, Secretary G:IPlanning\2007IPA07-0157 Noise OrdinanceIPlanning\Final PC RESOLUTION 09-19-07.doc 3 EXHIBIT A PROPOSED CC ORDINANCE 07-_ G:IPlanning\2007\PA07-0157 Noise OrdinanceIPlanning\Final PC RESOLUTION OQ-1Q-07.doc 4 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.20 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING CITYWIDE STANDARDS FOR REGULATING NOISE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOllOWS: Section 1. Chapter 9.20 is hereby added to the Temecula Municipal Code to read as follows: "CHAPTER 9.20 NOISE 9.20.010 Intent. At certain levels, sound becomes noise and may jeopardize the health, safety or general welfare of City residents and degrade their quality of life. This Chapter is intended to establish citywide standards to regulate noise. This Chapter is not intended to establish thresholds of significance for the purpose of any analysis required by the California Environmental Quality Act. No such thresholds are hereby established. 9.20.020 Definitions. Whenever used in this Chapter, the following terms shall have the following meanings: A. "Animal" means any bird, cat, dog, goat, horse, burro or donkey. B. "Audible" means capable of being heard by a person without the use or aid of an amplified hearing device. C. "Audio Equipment" means a television, stereo, radio, tape player, compact disc player, MP3 player, i-Pod or other similar device. D. "City Manager" means the City Manager or his or her designee. 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 different methodologies as defined below: 1. A-weighting (dBA) 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. Community Noise Equivalent Level (CNEL) means a 24-hour energy equivalent level derived from a variety of single-noise events, with weighting factors of 5 and 10 dBA applied to the evening (7 p.m. to 10 p.m.) and nighttime (10 p.m. to 7 a.m.) periods, respectively, to allow for the greater sensitivity to noise during these hours. 3. Ldn means Day-Night Average Sound Level. The A-weighted average sound level for a given area (measured in decibels) during a 24-hour period with a 10 dB weighting applied to night-time sound levels. The Ldn is approximately numerically equal to the CNEL for most environmental settings. 4. Maximum Sound level (Lmax) means the maximum sound level measured on a sound level meter. F. "Governmental Agency" means the United States, the State of California, the County of Riverside, the City of Temecula, or any combination of these agencies. G. "Motor Vehicle" means a vehicle that is self-propelled. H. "Noise" means any loud, discordant, raucous or disagreeable sound. I. "Occupied Property" means any property upon which is located a residence, business or industrial or manufacturing use. J. "Power Tools or Equipment" means any mechanical, electrical or pneumatic device used to perform or facilitate manual or mechanical work. K. "Public Property" means property owned by a governmental agency or held open to the public, including, but not limited to, parks, streets, sidewalks, parking lots and alleys. L. "Public or Private School" means an institution conducting academic instruction at the preschool, elementary school, junior high school, high school, or college level. M. "Sensitive Receptor" means a land use that is identified as sensitive to noise in the Noise Element of the Riverside County General Plan and the Noise Element of the Temecula General Plan, including, but not limited to, residences, schools, hospitals, churches, rest homes, cemeteries or public libraries. N. "Sound Amplifying Equipment" means a loudspeaker, microphone, megaphone, stereo equipment, portable radio, boom box, any musical instrument amplified by an electrical device, or other similar device. O. "Sound Level Meter" means an instrument meeting the standards of the American National Standards Institute for Type 1 or Type 2 sound level meters or an instrument that provides equivalent data. . 9.20.030 Exemptions. Sound emanating from the following sources is exempt from the provisions of this Chapter: A. Facilities owned or operated by or for a governmental agency. B. Community Events on public or private property hosted or sponsored by the City. C. Capital improvement projects of a governmental agency. D. The maintenance or repair of public properties. E. Public safety personnel in the course of executing their official duties, including, but not limited to, sworn peace officers, emergency personnel and public utility personnel. This exemption includes, without limitation, sound emanating from all equipment used by such personnel, whether stationary or mobile. F. Public or private schools and school-sponsored activities. G. Property maintenance, including, but not limited to, the operation of lawn mowers, leaf blowers, etc., provided such maintenance occurs between the hours of 7 a.m. and 8 p.m. H. Motor vehicles, other than off-highway vehicles. This exemption does not include sound emanating from motor vehicle sound systems. I. Heating and air conditioning equipment. J. Safety, warning and alarm devices, including, but not limited to, house and car alarms, and other warning devices that are designed to protect the public health, safety, and welfare. K. The discharge of firearms consistent with all State laws. 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. TABLE N-1 TEMECULA LAND USE INolSE STANDARDS Property Receiving Noise Maximum Noise Level (Ldn or CNEL, dBA) Type of Use Land Use Interior Exterior Designation Hillside Rural Very Low 45 65 Residential Low Low Medium Medium 45 65170' High 45 . 70' Neighborhood Community 70 Commercial and -- Office Highway Tourist Service Professional Office 50 70 Light Industrial Industrial Park 55 75 Public/Institutional Schools 50 65 All others 50 70 Vineyards/ Ag riculture -- 70 Open Space Open Space 70/652 -- , Maximum exterior noise levels up to 70 dB CNEL are allowed for Multiple-Family Housing. 2 Where quiet is a basis required for the land use. 3 Regarding aircraft-related noise, the maximum acceptable exposure for new residential development is 60 dB CNEL. Land Use Residential' Transient Lodging - Motel, Hotel Schools, Libraries, Churches, Hospitals, Nursing Homes Auditoriums, Concert Halls, Amphitheaters2 Sports Arena, Outdoor Spectator Sports2 Playgrounds, Parks Golf Course, Riding Stables, Water Recreation, Cemeteries Office Buildings, Business Commercial, and TABLE N-2 NOISElLAND USE COMPATIBILITY MATRIX Community Noise Exposure (Ldn or CNEL) 55 60 65 70 75 80 Industrial, Manufacturing, Utilities, Agriculture Source: Modified from 1998 State of California General Plan Guidelines. 1. Regarding aircraft-related noise, the maximum acceptable exposure for new residential development is 60dB CNEL. 2. No normally acceptable condition is defined for these uses. Noise studies are required prior to approval. ,. 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. . . 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. mm 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. 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. 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 annually. 9.20.060 Special Sound Sources Standards. The general sound level standards set forth in Section 9.20.040 of this Chapter apply to sound emanating from all sources, including the following special sound sources, and the person creating or allowing the creation of the sound is subject to the requirements of that section. The following special sound sources are also subject to the following additional standards. Failure to comply will constitute separate violations of this ordinance. A. Power Tools and Equipment. No person shall operate any power tools or equipment between the hours of 10 p.m. and 7 a.m. such that the power tools or equipment are audible to a person located inside an occupied building. B. Audio Equipment. No person shall operate any audio equipment as described in 9.20.020(8), whether portable or not, between the hours of 10 p.m. and 7 a.m. such that the equipment is audible to a person located inside an occupied building. C.' Sound Amplifying Equipment or Live Music. 1. It is unlawful for any person to cause, allow or permit the emission or transmission of any loud and raucous noise from any sound-making, sound-amplifying device or live music under his control or in his possession: a. Upon any private property b. Upon any public street, alley, sidewalk or thoroughfare c. In or upon any public park or other public place or property 2. The words "loud and raucous noise," as used in this section, shall mean any sound having such intensity or carrying power as to unreasonably interfere with the peace and quiet of other', persons, or as to unreasonably annoy, disturb, impair or endanger the comfort, repose, health or safety of other persons. 3. The determination of whether a sound is "unreasonable," as used in paragraph 2 of subsection C of this section, shall involve the consideration of the level of noise, duration of noise, constancy or intermittency of noise, time of day or night, place, proximity to sensitive receptors, nature and circumstances of the emission or transmission of any such loud and raucous noise. 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 6:30 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. Further, no construction activity shall be undertaken on Sunday and nationally recognized holidays. 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 but must comply with the hourly restrictions set forth for Saturday when working on Sundays and holidays. The city council may, by formal action, exempt projects from the provisions of this chapter. E. Barking Dogs and Keeping of Noisy Animals. 1. No person having charge, care, custody or control of any animal shall permit such animal to emit any disturbing or offensive noise. The words "disturbing or offensive noise," as used in this section shall mean any noise from an animal that barks, bays, cries, whines, howls, screeches or makes any noise for an extended period of time whether day or night, regardless of whether the animal is physically situated in or upon private property. Such person is deemed to be in violation of this section if any of the following conditions exist: a. The animal emits disturbing or offensive noise incessantly for 30 minutes or more in any 24-hour period; or b. The animal emits disturbing or offensive noise intermittently for 60 minutes or more during any 24-hour period; or c. Enforcement officials witness such disturbing or offensive noise from the same property on three or more occasions during any 30- day period of time. An animal is not considered to be emitting disturbing or offensive noise for purposes of this article if, at any time the animal is making noise due to a person or other animal that is trespassing or threatening to trespass .upon private property in or upon which the animal is situated, or when the animal is being teased or provoked. 2. Evidence of said disturbing or offensive noise shall be made by direct observation of an enforcement official present on site responding to a complaint from a neighbor, or a complaint form may be signed by a minimum of two neighboring property owners and submitted to an enforcement official. 3. Nothing in this chapter shall establish standards for private civil claims, in either civil court or small claims court, nor shall this chapter preclude any person from pursuing a private civil action in either civil or small claims court. 9.20.070 Exceptions. Exceptions may be requested from the standards set forth in Sections 9.20.040 (General Sound Standards) or 9.20.060 (Special Sound Sources Standards) of this Chapter and may be characterized as construction-related or single event exceptions. A. Application and Processing. 1. Construction-Related Exceptions. An application for a Construction Related Exception shall be made on a Minor Exception form provided by the Building and Safety Department and shall be accompanied by the appropriate filing fee. No Public Hearing is required. 2. . Temporary Use Permit. An application for a Single Event Exception shall be made using the Temporary Use Permit application provided by the Planning Department and shall be accompanied by the appropriate filing fee. No Public Hearing is required. B. Requirements for Approval. The Director of Planning or his or her designee shall not approve a Minor Exception Application or Temporary Use Permit unless the applicant demonstrates that the activities described in the application would not be detrimental to the health, safety or general welfare of the community. In determining whether activities are detrimental to the health, safety or general welfare of the community, the Director of Planning or his or her designee shall consider such factors as the proposed duration of the activities and their location in relation to sensitive receptors. If a Minor Exception Application or a Temporary Use Permit is approved, reasonable conditions may be imposed to minimize the public detriment, including, but not limited to, restrictions on sound level, sound duration and operating hours. C. Appeals. 1. . Construction-Related Exception. Any person aggrieved by or dissatisfied with the Planning Director's decision on an application for a Construction- Related Exception may appeal from such action by filing an appeal according to the procedures setforth in Section 17.03.090 of the Temecula Municipal Code. 2. Temporary Use Permit. Any person aggrieved by or dissatisfied with the Planning Director's decision on an application for a Temporary Use Permit may appeal from such action within 15 calendar days of the action by filing an appeal according to the procedures set forth in Section 17.03.090 of the Temecula Municipal Code. 9.20.080 Enforcement. A. The City Manager and his or her designee, including but not limited to police officers, code enforcement officers, park rangers or other enforcement officials shall have the authority to enforce the provisions of this Chapter. B. Any person who violates any provision of this Chapter is guilty of a misdemeanor, and upon conviction shall be punished as set forth in Chapter 1.20 of the Temecula Municipal Code. C. Any person who violates any provision of this Chapter shall be subject to the enforcement remedies of Chapters 1.21 and 1.24 of the Temecula Municipal Code. I D. Nothing in this Chapter shall be intended to limit any of the civil or criminal remedies available to the City, nor shall it be intended to limit the City from engaging in efforts to obtain voluntary compliance by means of warnings, notices, administrative citations or educational programs. 9.20.090 Duty to Cooperate. No person shall refuse to cooperate with, or obstruct, the enforcement officials identified in Section 9.20.080 of this Chapter when they are engaged in the process of enforcing the provisions of this Chapter. This duty to cooperate may require a person to extinguish a sound source so that it can be determined whether sound emanating from the source violates the provisions of this Chapter. Section 2. 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. Section 3. 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 4. 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 day of ,2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] . 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. .was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of ,2007, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of ,2007, by the following vote: NOES: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: AYES: ABSENT: ABSTAIN: Susan W. Jones, MMC City Clerk