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HomeMy WebLinkAboutOrdinance 245 CERTIFICATION I, LEE RABOIN, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 245 adopted by the Atascadero City Council at a regular meeting thereof held on May 26, 1992 and that it has been duly published pursuant to State Law. DATED: LEE RABOIN City Clerk City of Atascadero California ORDINANCE NO. 5 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO DELETING SECTION 9-4.163 OF THE ZONING ORDINANCE TEXT AND ADDING A NEW NOISE ORDINANCE AS CHAPTER 14 TO TITLE 9 OF THE ATASCADERO MUNICIPAL CODE (ZC 01-91; City of Atascadero) WHEREAS, the City of Atascadero has been regulating noise standards under a section of the Zoning Ordinance adopted in 1983; and WHEREAS, the existing noise standards are in need of updating, in addition to the regulatory and enforcement methods pursuant thereto; and WHEREAS, the City participated in a joint powers agreement with San Luis Obispo County and Cities to update the Noise Ordinance; and WHEREAS, the proposed amendment will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate under the guidelines of the California Environmental Quality Act; and WHEREAS, the Atascadero Planning Commission held a public hearing on March 17, 1992 and has recommended approval of Zone Change 01-91; and WHEREAS, the proposed Ordinance promotes the public health, safety, and general welfare. NOW, THEREFORE, the Council of the. City of Atascadero does ordain as follows: Section 1. Section 9-4.163 of the Atascadero Zoning Ordinance (Title 9 of the Municipal Code) is hereby repealed. Section 2. There is hereby added to Title 9 of the Atascadero Municipal Code a new Chapter 14 as contained in attached Exhibit A, which is hereby made a part of this Ordinance by reference. Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this Ordinance 245 Page 2 Ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. On motion by Councilmember Nimmo, seconded by Councilmember Lilley, the foregoing Ordinance is approved by the following roll- call vote: AYES: Councilmembers Borgeson, Lilley, Nimmo, Dexter and Mayor Shiers NOES: None ABSENT: None ADOPTED: May 26, 1992 ATTEST: CITY OF ATASCADERO, CA LEE ,REUOTN, C`ty Clerk Alden Shiers, Mayor APPROVED AS TO FORM: AR HER R. NT ON, City Attorney PREPARED BY: HENRY ENGE , Commun y Development Director ORDINANCE NO. 245 EXHIBIT "A" Page 1 Chanter 14. Noise Ordinance Sec. 9-14.01. Purpose and intent. This chapter establishes standards for acceptable exterior and interior noise levels and describes how noise is to be measured. These standards are intended to protect persons from excessive noise levels, which are detrimental to the public health, welfare and safety and contrary to the public interest because they can: interfere with sleep, communication, relaxation, and the full enjoyment of one's property; contribute to hearing impairment and a wide range of adverse physiological stress conditions; and adversely affect the value of real property. It is the intent of this chapter to protect persons from excessive levels of noise within or near various residential development and other specified noise-sensitive land uses. Sec. 9-14.02 Definitions. The following words, phrases, and terms as used in this Ordinance shall have the following meanings: a. Agricultural Property - means land uses for or devoted to the production of crops and livestock. b. Ambient noise levels - means the composite of noise from all sources excluding the alleged offensive noise. In this context it represents the normal or existing level of environmental noise at a given location for a specified time of the day or night. C. A-weighted sound level means the sound level in decibels as measured with a sound level meter using the A-weighted network (scale) at slow meter response. The unit of measurement is referred to herein as dB. d. Compliance Official - means the City Community Development Director or his duly authorized deputy. e. Construction - means construction, erection, enlargement, alteration, conversion or movement of any building, structures or land together with any scientific surveys associated therewith. " ORDINANCE NO. 245 EXHIBIT "A" Page 2 f. Decibel - means a unit for measuring the amplitude of a sound, equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals. g. Dwelling Unit - means a unit intended for permanent human habitation and does not include accessory structures, such as garages, guesthouses, etc. h. Emergency Work —means the use of any machinery, equipment, vehicle, manpower or other activity in a short time effort to protect, or restore safe conditions in the community, or work by private or public utilities when restoring utility service. i. Equivalent Sound Level (Leg) - means the sound level containing the same total energy as a time varying signal over a given sample period. Leq is typically computed over 1, 8 and 24-hour sample periods. j . Hospital - means any building or portion thereof used for the accommodation and medical care of the sick, injured or infirm persons and includes rest homes and nursing homes, k. Impulsive Noise - means a short duration, usually less than one second, with an abrupt onset and rapid decay. 1. Intruding Noise Level - means the sound level created, caused, maintained, or originating from an alleged offensive source, measured in decibels, at a specified location while the alleged offensive source is in operation. M. Noise Disturbance - means any sound which violates the quantitative standards set forth in this chapter. n. Residential Property - means a parcel of real property which is developed and used either in whole or in part for residential purposes. o. School - means public or private institutions conducting regular academic instruction at preschool, kindergarten, elementary, secondary or collegiate levels. ORDINANCE NO. 245 EXHIBIT "A" Page 3 p. Simple Tone Noise - means any noise which is distinctly audible as a single pitch (frequency) or set of pitches as determined by the Compliance Official. q. Sound Level Meter - means an instrument meeting American National Standard Institute' s Standard S1.4- 1971 for Type 1 of Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. Sec. 9-14.03 Noise Source Exemptions: The following activities shall be exempt from the provisions of this chapter: A. City or school sanctioned activities conducted in public parks, public playgrounds and public or private school grounds, including but not limited to school athletic and school entertainment events; B. Any mechanical device, apparatus or equipment used related to or connected with emergency activities or emergency work; C. Noise sources associated with construction, provided such activities do not take place before seven a.m. or after nine p.m. , D. Noise sources associated with the maintenance of residential property provided such activities take place between the hours of seven a.m. and nine p.m. ; E. Noise sources associated with agricultural activities on agricultural property; F. Noise sources associated with a lawful commercial or industrial activity caused by mechanical devices or equipment, including air conditioning or refrigeration systems, installed prior to the effective date of this chapter; provided that this exemption shall expire one year after the effective date of this chapter; after which time notice and nuisance abatement proceedings shall be initiated, G. Noise sources associated with work performed by private or public utilities in the maintenance or modification of its facilities; ORDINANCE NO. 245 EXHIBIT "A" Page 4 H. Noise sources associated with the collection of waste or garbage from property devoted to commercial or industrial uses; I. Any activity to the extent regulation thereof has been preempted by state or federal law. Sec. 9-14.04 Noise Measurement Criteria: Any noise measurement made pursuant to the provisions of this ordinance shall be made with a sound level meter using the A- weighted network (scale) at slow meter response. Fast meter response shall be used for impulsive type sounds. Calibration of the measurement equipment utilizing an acoustical calibrator shall be performed immediately prior to recording any noise data. Exterior Noise Levels. Exterior noise levels shall be measured at the property line of the affected noise-sensitive land use. Where practical, the microphoneshall be positioned three to five feet above the ground and away from reflective surfaces. Interior Noise Levels. The interior noise levels shall be measured within the affected dwelling unit, at points at least four (4) feet from the wall, ceiling or floor nearest the noise source, with windows in the normal seasonal configuration. The reported interior noise level shall be determined by taking the arithmetic average of the readings taken at the various microphone locations. Sec. 9-14.05 Exterior Noise Level Standards: A. It is unlawful for any person at any location within the incorporated area of the City to create any noise, or to allow the creation of any noise, on property owned, leased, occupied or otherwise controlled by such person which causes the exterior noise level when measured at any affected single-or multiple-family residence, school, hospital, church or public library situated in the City to exceed the noise level standards as set forth in the following table: ORDINANCE NO. 245 EXHIBIT "A" Page 5 EXTERIOR NOISE LEVEL STANDARDS Daytime Nighttime (7 a.m. to 9 p.m.Z (9 p.m. to 7 a.m. ) Hourly Equivalent Sound 50 45 Level (Leq, dB) Maximum, dB 70 65 B. In the event the measured ambient noise level exceeds the applicable noise level standard in any category above, the applicable standard shall be adjusted so as to equal the ambient noise level. C. Each of the noise level standards specified above shall be reduced by five dB for simple tone noises, noises consisting primarily of speech or music, or for recurring impulsive noises. D. If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be measured, the noise level measured while the source is in operation shall be compared directly to the noise level standards. Sec. 9-14.06 Interior Noise Level Standards: A. It is unlawful for any person at any location within the incorporated area of the City to operate or cause to be operated within a dwelling unit (intended for permanent human habitation) a source of noise or allow the creation of any noise which causes the noise level when measured inside a receiving dwelling unit situated in the incorporated area to exceed the noise level standards set forth in the following table: INTERIOR NOISE LEVEL STANDARDS Daytime Nighttime (7 a.m. to 9 R-m-A (9 p.m. to 7 a.m. Hourly Equivalent Sound 40 35 Level (Leq, dB) Maximum Level 60 55 ORDINANCE NO. 245 EXHIBIT "A" Page 6 B. In the event the measured ambient noise level exceeds the applicable noise level standard in any category above, the applicable standard shall be adjusted so as to equal the ambient noise level. The ambient noise level includes the noise generated by the receiving dwelling unit. C. Each of the noise level standards specified above shall be reduced by five dB for simple tone noises, noises consisting primarily of speech or music, or for recurring impulsive noises. D. If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be measured, the noise level measured while the source is in operation shall be compared directly to the noise level standards. Sec. 9-14.07 Air Conditioning and Refrigeration: Notwithstanding the provisions of Section 9-14.02 the intruding noise source when measured as provided in Section 9-14.04 is an air conditioning or refrigeration system or associated equipment installed prior to the effective date of this chapter, the exterior noise level shall not exceed 55 dB, except where such equipment is exempt from the provisions of this chapter. The exterior noise level shall not exceed fifty dB for such equipment installed or in use one year after the effective date of this chapter. Sec. 9-14.48 Waste and Garbage Collection Equipment: Notwithstanding the provisions of Section 9-14.02, noise sources associated with the collection of waste or garbage from residential property by persons authorized to engage in such activity, and who are operating truck-mounted loading or compacting equipment, shall not take place before six a.m. or after seven p.m. , and the noise level created by such activities when measured at a distance of fifty feet (50) in an open area shall not exceed the following standards 1. Eighty-five (85) dB for equipment in use, purchased or leased within six months from the effective date of this chapter. 2. Eighty (<80) dB for that equipment set forth in subsection 9-14.08 (1) above after five years from the effective date of this chapter. ORDINANCE NO. 245 EXHIBIT "A" Page 7 3. Eighty (80) dB for new equipment purchased or leased after six months from the effective date of this chapter. 4. Seventy-five (75) dB for new equipment purchased or leased after thirty-six months from the effective date of this chapter. Sec. 9-14.08 Electrical Substations: Notwithstanding the provisions of Section 9-14.02, noise sources associated with the operation of electrical substations shall not exceed fifty dB when measured as provided in Section 9-14.04. Sec. 9-14.09 Nuisance by Neighborhood Petition Whenever it shall be affirmed in writing by three (3) or more persons living in separate dwellings in a neighborhood that noise is causing a nuisance or undue annoyance, the Compliance Official, if he finds such a public nuisance to exist, shall serve notice upon the property owner that the public nuisance shall be abated. Sec. 9-14.10 Exceptions: A. The owner or operator of a noise source which the Compliance Official has determined violates any of the provisions of this chapter may file an application with the Compliance Official for an exception from strict compliance with any particular provisions of this chapter where such an exception will not result in a hazardous condition or a nuisance and strict compliance would be unreasonable in view of all circumstances. The owner or operator shall set forth all actions taken to comply with such provisions, and the reasons why immediate compliance cannot be achieved. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership or fixed sources under common ownership on a single property may be combined into one application. B. Upon receipt of the application and within thirty days, the Compliance Official shall either (1) approve such request in whole or in part, (2) deny the request, or (3) refer the request directly to the Planning Commission for action thereon in accordance with the provisions of this chapter. In the event the exception is approved, reasonable conditions may be imposed which may include restrictions on noise level, noise duration and operating hours, an approved method of achieving compliance and a time schedule for its implementation. The decision of the Compliance Official is ORDINANCE NO. 245 EXHIBIT "A" Page 8 subject to appeal to the Planning Commission for a hearing de novo by filing a written appeal with the Compliance Official not later than fifteen days following the mailing of the Compliance Official's decision to the applicant. C. Factors which the Compliance Official or Planning Commission must consider shall include but not be limited to the following: 1. Uses of property within the area affected by noise; 2. Factors related to initiating and completing all remedial work; 3. Age and useful life of the existing noise sources; 4. The general public interest, welfare and safety. D. The Planning Commission may grant exceptions from provisions of this chapter subject to such terms, conditions and requirements as may be deemed reasonable to achieve compliance with the provisions of this chapter. E. Within fourteen days following the decision of the Planning Commission on an application for an exception, the applicant may appeal the decision to the City Council for a hearing de novo by filing a notice of appeal with the City Clerk. The City Council shall either affirm, modify or reverse the decision of the Planning Commission. Such decisions shall be final and shall be based upon the considerations set forth in this section. Sec. 9-14.11 Violation-Enforcement: The violation of any of the provisions of this chapter shall be a misdemeanor, citable at the discretion of the City Attorney as an infraction. Violation of these provisions is deemed a public nuisance and punishable as provided in Chapter 3 of Title 1 of the Municipal Code. The provisions of this chapter may also be enforced by an injunction issued out of the superior court upon suit of the City. The City Community Development Director or his designee shall enforce the provisions of this chapter. Enforcement procedures are set in Chapter 8 of Title 9 and are intended to assure due process by establishing proper notice and abatement proceedings.