STAFF REPORT
Meeting Date: June 17, 2025
To: Honorable Mayor & City Council
From: Arlen Eskandari, Community Development Department Subject: Proposed Amendments to Beverly Hills Municipal Code Section 5-1-202 Regarding Emergency and Standby Generator Noise Regulations
Attachments: 1. Redline of Proposed Changes to Beverly Hills Municipal Code Section 5-1-202
INTRODUCTION
The Beverly Hills Municipal Code (BHMC) Section 5-1-202 currently limits the noise level generated by machinery, equipment, fans, and air conditioning systems, prohibiting noise that exceeds the ambient noise level by more than five (5) decibels at the property line. However, this regulation does not distinguish between typical mechanical equipment and emergency or standby generators, which are typically used during power outages or emergencies.
Because emergency and standby generators generally produce higher noise levels when operating during emergencies, applying the existing noise limits to these installations is often impractical. Therefore, staff recommends amending the code to establish more realistic and enforceable noise standards specific to generators. The objective is to encourage and support the responsible use of generators while minimizing disruptions to neighbors and the surrounding community.
Allowing residents to install emergency or standby generators under simpler and more practical regulations enhances the City’s resilience during power outages. It reduces pressure on emergency services, supports vulnerable populations, and keeps essential services running. Streamlined regulations would make it easier for people to prepare, benefiting public safety and overall community stability.
DISCUSSION
To support the proposed code amendment, staff undertook a comprehensive review process that included:
• Consultations with certified and authorized generator installers currently active in Beverly Hills.
• Review of noise regulations from comparable municipalities.
Meeting Date: June 17, 2025
• In-field ambient noise measurements at multiple locations in each zoning district across the City.
• Research into industry guidance, manufacturer specifications, and recommended best practices for generator operation and noise mitigation.
The key Findings are as follows:
Generator Noise Variability: Noise levels depend on generator model (aircooled vs. liquid-cooled), size, power load, and placement relative to structures and property lines. Liquid-cooled generators generally are larger and operate more quietly.
• Ambient Noise Fluctuations: Background noise levels fluctuate based on time of day, location, and environmental conditions, complicating enforcement and compliance.
• Measurement Limitations: Current code calls for measuring noise levels at the property line, which may not accurately reflect the noise experienced inside adjacent habitable structures.
• Practical Compliance Barriers: Adhering to the current five-decibel limit often necessitates multiple inspections, equipment relocation, and expensive mitigation efforts.
• Use of Enclosures and Barriers: While helpful for noise control, enclosures must comply with manufacturer safety guidelines to avoid warranty violations or operational hazards.
• Alternative Energy Systems: New construction projects are required to install solar photovoltaic (PV) systems, and where energy storage is included, generators may be rendered unnecessary.
• Other Cities: In reviewing noise regulations from comparable cities, staff found that most cities do not address emergency and standby generators separately from other types of equipment. A few cities exempted generators entirely from noise restrictions and required that they not be installed within any required setback area to reduce noise exposure to neighboring properties.
Proposed options for Code Amendment:
Option 1: Exempt Emergency and Standby Generators with Some Constraints This option would fully exempt generators from existing noise restrictions, as long as they meet alternative criteria, such as being installed beyond the required setbacks, without being subject to any noise limitations.
Pros:
• Allows maximum installation flexibility.
• Reduces enforcement and inspection burdens on the City.
Cons:
• Limits City's ability to resolve noise complaints.
• Reduces oversight and control over generator installations. • Requires updates to the zoning code regarding generator siting and placement, as it currently permits generators in side and rear setbacks in the central zoning area.
Meeting Date: June 17, 2025
Option 2: Allow Higher Noise Limits During Emergencies, Power Outages, Routine Maintenance, and Testing
This option would permit higher noise levels for emergency or standby generators, but only during actual emergencies, power outages, or during routine maintenance and testing.
Pros:
• Maintains enforceability and City oversight, allowing the City greater control in addressing and mitigating noise disturbances that exceed the newly specified thresholds.
• Promotes thoughtful planning for installers to account for noise levels and ensure compliance before installation
• Offers homeowners more generator options at a lower cost Cons:
• If noise mitigation is required, it must meet both manufacturer and state/local codes, which could add complexity or cost.
• Generators may still produce more noise compared to other equipment (only during emergencies, power outages, maintenance, and testing).
FISCAL IMPACT
There is no fiscal impact associated with the proposed code amendment.
RECOMMENDATION
After careful evaluation of both options, staff recommends City Council consider moving forward with Option 2 as the most balanced and practical solution. This includes amending BHMC Section 5-1-202 (see attachment 1) to explicitly include generators in the list of regulated equipment and adding an exemption for emergency or standby generators, allowing for a higher permissible noise level during installation and operation.
This option:
• Allows property owners to install and operate generators during emergencies and power outages under higher, yet reasonable, noise thresholds. • Maintains the City's authority to enforce noise regulations and address potential disturbances.
• Places responsibility on installers to evaluate site conditions and ensure compliance with noise standards before installation.
Staff further recommends the City Council direct staff to prepare and bring forward an ordinance to amend the BHMC as described.
Michael Forbes, AICP
Director of Community Development
Approved By
Attachment 1
Proposed Municipal Code Text
5-1-202: MACHINERY, EQUIPMENT, FANS, AIR CONDITIONING, AND
GENERATORS
A. It shall be unlawful for any person to operate any machinery, equipment, pump, fan, air conditioning apparatus, or similar mechanical device other than emergency or standby generators in any manner so as to create any noise which would cause the noise level at the property line of any property to exceed the ambient noise level by more than five (5) decibels based on a reference sound pressure of 0.0002 microbars, as measured in any octave band center frequency, in cycles per second, as follows: 63, 125, 250, 500, 1,000, 2,000, 4,000, and 8,000 and for the combined frequency bands (all pass).
B. Emergency or standby generators installed and used during emergencies, utility power outages, or routine testing shall not be operated in any manner to create any noise that would cause the noise level at the property line of any property to exceed the ambient noise level by more than ten (10) decibels measured and tested according to the procedure described in subsection A. Routine testing for stationary generators shall be conducted only between the hours of 10:00 a.m. (10:00 a.m.) and 4:00 p.m. (4:00 p.m.) to minimize disruption to the surrounding community. The installer and/or general contractor are responsible for determining the generator's location on-site, taking into account all relevant factors (e.g., proximity to property lines, sound barriers, etc.), and for conducting sound measurement and attenuation calculations before installation to ensure the generator complies with all applicable state and local requirements, including the provisions of this section.
C. If any enclosure or sound barrier is required to mitigate or reduce the noise level to the required level as specified in this section, the enclosure or barrier shall meet all the manufacturer’s requirements and recommendations. This includes but is not limited to, ventilation, the exhaust system, and clearance around the unit. The enclosure or sound barrier shall also comply with all applicable code requirements, including but not limited to location, height, construction material, and fire ratings, as well as any aesthetic guidelines adopted by the Building Official. Any such enclosure or barrier must receive prior approval by the Building Official before installation. The minimum required clearance for Fire Department access to the property, as specified by the City's Fire Official, must be provided around any generator installation.