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HomeMy WebLinkAbout020409 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 111. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE FEBRUARY 4, 2009 - 6:00 PM Next in Order: Resolution: 2009-03 CALL TO ORDER: Flag Salute: Commissioner Guerriero Roll Call: Carey, Chiniaeff, Guerriero, Harter, and Telesio PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three-minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of January 7, 2009 1.2 Approve the minutes of January 21, 2009 PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING ORDINANCE 07-12 (NOISE ORDINANCE) 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 REPORTS FROM COMMISSIONERS REPORTS FROM PLANNING DIRECTOR ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, February 18, 2009, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. The entire agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. The packet will be available for viewing the Friday before the Planning Commission meeting after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at cityoftemecula.org. ITEM 1 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title III. ACTION MINUTES TEMECULA PLANNING COMMISSI REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JANUARY 7, 2009 - 6:00 PM Next in Order: Resolution: 2009-01 CALL TO ORDER: Flag Salute: Commissioner Carey Roll Call: Carey, Chiniaeff, Guerriero, Harter, and Telesio PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three-minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of November 19, 2008 MOTION BY RON GUERRIERO, SECOND BY DENNIS CHINIAEFF, APPROVED 4-0-0-1 HARTER ABSTAINED 1.2 Approve the Minutes of December 17, 2008 MOTION BY DENNIS CHINIAEFF, SECOND BY STAN HARTER, APPROVED 4-1-0-1 CHINIAEFF ABSTAINED Elect a New Chair and Vice Chair MOTION BY RON GUERRIERO, SECOND BY DENNIS CHINIAEFF, APPROVED 5-0 HARTER CHAIRMAN, CAREY VICE-CHAIRMAN PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 3 Planning Application Nos. PA08-0176 and PA08-0228, a Development Plan to construct a 125.810 square foot, five-story full service hotel (Crowne Plaza) on a 3.6 acre site, and a of Jefferson Avenue, west of Interstate-15 and approximately 500 feet north of Rancho California Road. Katie Innes MOTION BY DENNIS CHINIAEFF, SECOND BY RON GUERRIERO, APPROVED 5-0 RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 09-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0176, A DEVELOPMENT PLAN TO CONSTRUCT A 125,810 SQUARE FOOT, FIVE- STORY FULL SERVICE HOTEL (CROWNE PLAZA), CONSISTING OF 168 GUEST ROOMS AND SUITES, A GRAND BALLROOM, RESTAURANT AND COCKTAIL LOUNGE, GYM/HEALTH SPA AND OUTDOOR TERRACE, ON A 3.6 ACRE SITE ZONED HIGHWAY TOURIST COMMERCIAL (HT), LOCATED EAST OF JEFFERSON AVENUE, WEST OF INTERSTATE 15, AND APPROXIMATELY 500 FEET NORTH OF RANCHO CALIFORNIA ROAD (APN 921-060-055) 3.2 Adopt a resolution entitled: PC RESOLUTION NO. 09-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0228, A CONDITIONAL USE PERMIT TO AUTHORIZE A TYPE-47 ABC LICENSE WHICH WOULD ALLOW FOR THE SALE, SERVICE AND CONSUMPTION OF BEER, WINE AND DISTILLED SPIRITS ON THE PREMISES AT CROWNE PLAZA HOTEL IN THE RESTAURANT AND COCKTAIL LOUNGE, ROOMS AND SUITES FOR ROOM SERVICE, AND IN THE CABINET BARS, LOCATED EAST OF JEFFERSON AVENUE, WEST OF INTERSTATE 15, AND APPROXIMATELY 500 FEET NORTH OF RANCHO CALIFORNIA ROAD (APN 921-060-055) REPORTS FROM COMMISSIONERS REPORTS FROM PLANNING DIRECTOR ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, January 21, 2009, 6:00 P.M. City Council Chambers, 43200 Business Park Drive, Temecula, California. The entire agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. The packet will be available for viewing the Friday before the Planning Commission meeting after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at cityoftemecula.org. Stanley Harter Chairman Debbie Ubnoske Director of Planning In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title III. ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JANUARY 21, 2009 - 6:00 PM Next in Order: Resolution: 2009-03 CALL TO ORDER: Flag Salute: Commissioner Chiniaeff Roll Call: Carey, Chiniaeff, Guerriero, Harter, and Telesio PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three-minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. CONSENT CALENDAR 1 Director's Hearing Summary Report RECOMMENDATION: 1.1 Receive and file the Director's Hearing Summary MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER CHINIAEFF; APPROVED 5-0 PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission, Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 2 adopt the Ordinance, Emery Papp MOTION BY COMMISSIONER CHINIAEFF, BY COMMISSIONER GUERRIERO; CONTINUED OFF-CALENDAR 5-0 RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION 09- 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 OF TEMECULA, CALIFORNIA, ADDING NEW CHAPTER 8.48 (TEMECULA HERITAGE TREE ORDINANCE) TO TITLE 8 (HEALTH AND SAFETY) OF THE MUNICIPAL CODE OF THE CITY OF TEMECULA" REPORTS FROM COMMISSIONERS REPORTS FROM PLANNING DIRECTOR ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, February 4, 2009, 6:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. Stanley Harter Debbie Ubnoske Chairman Director of Planning The entire agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. The packet will be available for viewing the Friday before the Planning Commission meeting after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at cityoftemecula.org. ITEM 2 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: February 4, 2009 PREPARED BY: Debbie Ubnoske, Director of Planning PROJECT SUMMARY: An amendment to Ordinance 07-12 (PA07-0157; 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 the average of three noise readings, taken ten minutes apart over a 30-minute time frame, using A- weighted decibel (d BA) readings CEQA: Exempt per Section 15061(b)(3) as it can be seen with certainty that there is no possibility that the proposed amendment to the Ordinance will have a significant effect on the environment RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution recommending that the City Council approve an amendment to Ordinance 07-12 to remove all reference to Community Noise Equivalent Level (CNEL) and Ldn noise measurements and 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 (d BA) readings BACKGROUND SUMMARY On October 9, 2007, the City Council approved the City's Noise Ordinance. Subsequent to this approval, code enforcement staff has encountered some issues relative to use of the noise meters. Currently Section 9.20.050 of the Ordinance provides the sound level measurement methodology. It is this methodology that is problematic for the code enforcement staff. ANALYSIS Staff is proposing to remove all reference to Community Noise Equivalent Level (CNEL) and Ldn noise measurements from Ordinance 07-12 and add language to Section 9.20.050 of the Noise Ordinance that will require code enforcement staff, park rangers and police officers who will be using a noise meter to take three separate noise readings, taken ten minutes apart over a 30-minute time frame, using A-weighted decibel readings. These three readings will then be averaged to provide a noise reading. Currently the language in the Noise Ordinance requires noise readings to be taken using a community noise equivalent level (CNEL) which means taking the reading over a 24-hour period. This type of reading is not appropriate for noise violations such as a loud party, loud band or barking dog. Staff proposes to change this language to use an A-weighted decibel scale (dBA). The A- weighted decibel scale measures noise from a single source or a combination of sources at a point in time. This change to the Ordinance will further allow staff to follow the building code as it relates to sound transmission. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on January 24, 2009. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be exempt from further environmental review per Section 15061(b)(3) as it can be seen with certainty that there is no possibility that the proposed amendment to the Ordinance will have a significant effect on the environment. FINDINGS The proposed Ordinance is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The proposed amendment to the. Noise Ordinance (Ordinance 07-12) conforms to the City of Temecula General Plan in that the criteria for establishing reasonable noise levels are 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. The proposed Ordinance is consistent with the Municipal Code and Development Code for the City of Temecula. The proposed amendment to the Noise Ordinance to remove all reference to Community Noise Equivalent Level (CNEL) and Ldn noise measurements and to require three noise readings, taken ten minutes apart over a 30-minute time frame, using A-weighted decibel (dBA) readings will be consistent with the Municipal Code and the Development Code. ATTACHMENTS PC Resolution Draft Amended Noise Ordinance Notice of Public Hearing LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on January 24, 2009. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be exempt from further environmental review per Section 15061(b)(3) as it can be seen with certainty that there is no possibility that the proposed amendment to the Ordinance will have a significant effect on the environment. FINDINGS The proposed Ordinance is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other ordinances of the City. The proposed amendment to the Noise Ordinance (Ordinance 07-12) conforms to the City of Temecula General Plan in that the criteria for establishing reasonable noise levels are 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. The proposed Ordinance is consistent with the Municipal Code and Development Code for the City of Temecula. The proposed amendment to the Noise Ordinance to remove all reference to Community Noise Equivalent Level (CNEL) and Ldn noise measurements and to require three noise readings, taken ten minutes apart over a 30-minute time frame, using A-weighted decibel (dBA) readings will be consistent with the Municipal Code and the Development Code. ATTACHMENTS PC Resolution Draft Amended Noise Ordinance Notice of Public Hearing PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE 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 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 remove all reference to Community Noise Equivalent Level (CNEL) and Ldn noise measurements and to add language to Section 9.20.050 of Ordinance 07-12 (Noise Ordinance) requiring three noise readings, taken ten minutes apart over a 30-minute time frame, using A-weighted decibel (dBA) readings. 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 amend Ordinance 07-12 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 amendment to Ordinance 07-12 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 amendment to the Noise Ordinance (Ordinance 07-12) conforms 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 amendment to the Noise Ordinance to remove all reference to Community Noise Equivalent Level (CNEL) and Ldn noise measurements and to require three noise readings, taken ten minutes apart over a 30-minute time frame, using A-weighted decibel (dBA) readings will be consistent with the Municipal Code and the Development Code. Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act (CEQA), the proposed amendment to Ordinance No. 07-12 (Noise Ordinance) is 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 amendment to the Ordinance will have a significant effect on the environment. The amendment to the Ordinance will have no adverse environmental affects because it will allow for the use of more appropriate noise readings to enforce the Noise Ordinance 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 Ordinance. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt an Ordinance 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 of the Ordinance requiring three noise readings, taken ten minutes apart over a 30-minute time frame, using A-weighted decibel (dBA) readings as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 4t' day of February, 2009. Stanley A. Harter, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) 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. 09- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 4'" day of February 2009, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary EXHIBIT A PROPOSED AMENDMENT TO CC ORDINANCE 07-12 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: 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. 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 70 Office Highway Tourist Service Professional Office 50 70 Light Industrial Industrial Park 55 75 Schools 50 65 Public/Institutional All others 50 70 Vineyards/Agriculture 70 en S O ace p p 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 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. 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 (dBA) 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 12009. 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 Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: PA07-0157-Amended Applicant: Citywide Proposal: An amendment to the City's Noise Ordinance to change the methodology for sound measurement Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be issued in compliance with CEQA Section 15061(b)(3) Case Planner: Debbie Ubnoske, (951) 693-3951 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: February 4, 2009 Time of Hearing: 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the Planning Commission is controlled by Chapter 2.36 of the Temecula Municipal Code. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above (project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 693-3951.