HomeMy WebLinkAbout09-003 PC ResolutionPC RESOLUTION NO. 09-03
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL ADOPT AN ORDINANCE REPEALING
CHAPTER 8.32 (NOISE CONTROL) OF THE TEMECULA
MUNICIPAL CODE AND AMENDING SECTIONS
9.20.020.F, 9.20.020.E, 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
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On February 4, 2009, the Planning Commission reviewed LR09-0003 and
identified a need to repeal Chapter 8.32 (Noise Control) of the Temecula Municipal
Code and to amend the Temecula Municipal Code to add water districts and school
districts to the definition of "Government Agency" in Section 9.20.020.F; to remove all
reference to Community Noise Equivalent Level (CNEL) and Ldn noise measurements
from Sections 9.20.020.E and 9.20.040; to add language to Section 9.20.050 requiring
the average of three noise readings, taken ten minutes apart over a 30-minute time
frame, using A-weighted decibel (dBA) readings; to add language for construction
exemptions to Section 9.20.060.D; and to add language to Section 9.20.070.A.1
requiring that an application for exemptions be filed at least 72 hours in advance of
scheduled and permitted activity and specifying that approval is subject to City Manager
or designated representative approval.
B. LR09-0003 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 (LR09-0003) and environmental review on February 4, 2009, 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 February 4, 2009 Planning Commission hearing
and after due consideration of the testimony, the Commission recommended that the
City Council adopt an Ordinance to repeal Chapter 8.32 (Noise Control) of the
Temecula Municipal Code and to amend Sections 9.20.0201, 9.20.020.E, 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 subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in recommending
approval of LR09-0003 hereby finds, determines and declares that:
A. The proposed amendments to the Temecula Municipal Code are in
conformance with the General Plan for Temecula and with all applicable requirements
of State law and other Ordinance of the City;
The proposed amendments to the Temecula Municipal Code conform to the City
of Temecula General Plan in that the criteria for establishing reasonable noise
levels is identified in the City of Temecula General Plan Noise Element.
Furthermore, the proposed amendment to the Noise Ordinance will allow staff to
more directly respond to Goal 2, Policy 2.1 of the General Plan Noise Element to
limit the maximum permitted noise levels crossing property lines and impacting
adjacent land uses and Goal 3, Policy 3.1 of the General Plan Noise Element to
enforce and maintain acceptable noise limit standards through the use of more
appropriate noise readings.
B. The proposed Ordinance is consistent with the Municipal Code and
Development Code for the City of Temecula;
The proposed amendments to repeal Chapter 8.32 (Noise Control) of the
Temecula Municipal Code and to amend Sections 9.20.020.F, 9.20.020.E,
9.20.040, 9.20.050, 9.20.0600, and 9.20.070.A.1 of the Temecula Municipal
Code concerning regulation of noise are consistent with the Municipal Code and
the Development Code.
Section 3. Environmental Compliance. In accordance with the California
Environmental Quality Act (CEQA), the proposed amendments to the Temecula
Municipal Code concerning regulation of noise are exempt from the requirements of
CEQA pursuant to CEQA Section 15061(b)(3) because it can be seen with certainty that
there is no possibility that the amendments will have no adverse environmental affects
because it will allow for the use of more appropriate noise readings to enforce the noise
regulations contained within the Municipal Code and 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 amendments to the Temecula Municipal Code.
Section 4. Recommendation. The Planning Commission of the City of
Temecula recommends that the City Council adopt an Ordinance to repeal Chapter 8.32
of the Temecula Municipal Code and to amend the Temecula Municipal Code to add
water districts and school districts to the definition of "Government Agency" in Section
9.20.0201, to remove all reference to Community Noise Equivalent Level (CNEL) and
Ldn noise measurements from Sections 9.20.020.E and 9.20.040, to add language to
Section 9.20.050 requiring the average of three noise readings, taken ten minutes apart
over a 30-minute time frame, using A-weighted decibel (dBA) readings, and to add
language for construction exemptions to Section 9.20.060.D, to add language to Section
9.20.070.A.1 requiring that an application for exemptions be filed at least 72 hours in
advance of scheduled and permitted activity and specifying that approval is subject to
City Manager or designated representative approval as set forth on Exhibit A, attached
hereto, and incorporated herein by this reference.
PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission
this 4m day of February, 2009.
Stanley A. Harter, Chairman
ATTEST:
_-Patrick;Richadson, City Planner
_ ~SEr4L] ~ -
STATE OF-CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. 09-03 was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held on the 4t
day of February 2009, by the following vote:
AYES: 5 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter,
Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
Patrick Richardson, Secretary
ORDINANCE NO. 09-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING ORDINANCE 07-12 (NOISE
ORDINANCE) TO REMOVE ALL REFERENCE TO
COMMUNITY NOISE EQUIVALENT LEVEL (CNEL) AND
Ldn NOISE MEASUREMENTS AND TO ADD LANGUAGE
TO SECTION 9.20.050 REQUIRING THREE NOISE
READINGS, TAKEN TEN MINUTES APART OVER A 30
MINUTE TIME FRAME, USING A-WEIGHTED DECIBEL
(dBA) READINGS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 9.20 of the Temecula Municipal Code is hereby amended 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:
I . 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.
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.
1. "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.
0. "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
lawnmowers, 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.
1. 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 /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
Highway Tourist
70
Office
Service
Professional Office
50
70
Light Industrial
Industrial Park
55
75
Schools
50
65
P
bli
/I
ti
ti
l
ns
ona
u
c
tu
All others
50
70
Vineyards/Agriculture
70
O
S
pen
pace
Open Space
70/652
Maximum exterior noise levels up to 70 dB dBA are allowed for Multiple-Family
Housing.
Where quiet is a basis required for the land use.
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 MUM
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.
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.
ME 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. The transmission of noise shall be
measured by the average of three A-weighted decibel (d BA) noise readings, taken ten
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 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(B), 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 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.
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 set forth 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.
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 Ordinance 07-12 and 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 2009.
Maryann Edwards, 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. 09- 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 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 day of , 2009, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk