CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
Contact: 831.620.2000 www.ci.carmel.ca.us
Mayor Dale Byrne
Councilmembers Jeff Baron, Hans Buder, Bob
Delves, and Alissandra Dramov
All meetings are held in the City Council Chambers
East Side of Monte Verde Street
Between Ocean and 7th Avenues
Special Meeting
Wednesday, September 3, 2025
10:00 AM
TOUR - 9:30 AM
MEETING - 10:00 AM
HYBRID MEETING ATTENDANCE OPTIONS
This meeting will be held in person and via teleconference ("hybrid"). The public is welcome to attend the meeting in person or remotely via Zoom, however, the meeting will proceed as normal even if there are technical difficulties accessing Zoom. The City will do its best to resolve any technical issues as quickly as possible. To view or listen to the meeting from home, you may also watch the live stream on the City's YouTube page at: https://www.youtube.com/@CityofCarmelbytheSea/streams. To participate in the meeting via Zoom, copy and paste the link below into your browser. https://ci-carmel-ca-us.zoom.us/j/88026443546
Webinar ID: 880 2644 3546
Passcode: 046567
Dial in: (253) 215-8782
HOW TO OFFER PUBLIC COMMENT
The public may give public comment at this meeting in person, or use the Zoom teleconference module, provided that there is access to Zoom during the meeting. Zoom comments will be taken after the in-person comments. The public can also email comments to [email protected]. Comments must be received at least 2 hours before the meeting in order to be provided to the legislative body. Comments received after that time and up to the beginning of the meeting will be made part of the record.
PUBLIC COMMENT GUIDELINES FOR SPECIAL MEETINGS
During Special City Council Meetings, public comments are permitted on items listed on the agenda. After each item on the agenda is introduced, the Mayor will invite public comment on that item. Each speaker has 3 minutes to speak unless otherwise adjusted by the Mayor.
While stating your name is optional, it helps to identify speakers in the meeting minutes.
Remote or in-person participants who do not comply with the requirements of the Brown Act will be muted.
TOUR OF INSPECTION - 9:30 AM
Prior to calling the meeting to order, the City Council will conduct an on-site tour of inspection of the property listed on the agenda (below) and the public is invited to attend the tour. After the tour is complete, the Council will begin the meeting in the City Council Chambers no earlier than the time noted on the agenda.
A. Pickleball Courts - Lorca Lane, between Junipero Street and Camino Del Monte, Carmel-by-the-Sea
CALL TO ORDER AND ROLL CALL - CHAMBERS (10:00 AM)
ORDERS OF BUSINESS
Orders of Business are agenda items that require City Council discussion, debate, direction to staff, and/or action.
1) Review and discuss the Pickleball Policy adopted by the Forest and Beach Commission, and provide direction to Staff regarding steps moving forward, including the development of possible related amendments to the Carmel-by-the-Sea Municipal Code for consideration at a future City Council meeting.
RECESS
The City Council will take a 20-30 minute break around noon.
ADJOURNMENT
CORRESPONDENCE
Correspondence received regarding pickleball will be uploaded to this google drive link: 9-3-2025 Pickleball Comments
This agenda was posted at City Hall, Monte Verde Street between Ocean Avenue and 7th Avenue, Harrison Memorial Library, located on the NE corner of Ocean Avenue and Lincoln Street, the Carmel-by-the-Sea Post Office, 5th Avenue between Dolores Street and San
Carlos Street, and the City's webpage (http://www.ci.carmel.ca.us) in accordance with applicable legal requirements.
CORRESPONDENCE AND SUPPLEMENTAL MATERIAL RECEIVED AFTER THE
POSTING OF THE AGENDA
Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this agenda received after the posting of the agenda will be available for public review at City Hall, located on Monte Verde Street between Ocean and Seventh Avenues during regular business hours. Written comments emailed to the City Clerk sent no later than 2 hours before the start of the meeting (sooner preferred) are not read aloud but are made available online: City Council Correspondence.
SPECIAL NOTICES TO PUBLIC
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office at 831-620-2000 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting (28CFR 35.102-35.104 ADA Title II).
CITY OF CARMEL-BY-THE-SEA
City Council
Staff Report
September 3, 2025
ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Tom Ford, Administrative Analyst
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Review and discuss the Pickleball Policy adopted by the Forest and Beach Commission, and provide direction to Staff regarding steps moving forward, including the development of possible related amendments to the Carmel-by-the-Sea Municipal Code for
consideration at a future City Council meeting.
RECOMMENDATION:
Discuss and provide feedback to Staff regarding the Forest Hill Park Tennis and Pickleball Policy. Direct and provide guidance for Staff to bring a first reading of an ordinance which would reference athletic usage at the Forest Hill Park courts.
BACKGROUND / SUMMARY:
On August 6, 2024, the City Council directed Staff and the Forest and Beach Commission (FBC) to explore a policy balancing pickleball and tennis activities at Forest Hill Park with surrounding residential uses. Since that time, the FBC has addressed this matter over six separate meetings, culminating in the adoption of a Pickleball and Tennis Policy for Forest Hill Park on March 13, 2025 (See Attachment 1), which has since been implemented.
The Policy established permissible play as follows:
• Pickleball: Tuesdays, Thursdays, and Saturdays, 10:00 a.m. – 4:00 p.m. • Tennis: Seven days per week, 10:00 a.m. – 4:00 p.m.
Extensive effort has gone into exploring all aspects of this issue. A more detailed history and analysis of pickleball in the Village is provided in the Staff Report presented to the Forest and Beach Commission on March 13, 2025 (Staff report included as Attachment 2, presentation slides included as Attachment 3). In summary, Staff and the FBC:
• Interviewed other jurisdictions that have implemented similar rules and policies. • Consulted residents and neighbors surrounding Forest Hill Park, as well as pickleball and tennis players.
• Heard extensively from proponents and opponents of both activities, local and non-local, on numerous occasions.
• Engaged with the Police Department and City Attorney’s Office who have both advised that an ordinance amending the City Municipal Code to include the rules for use of Forest Hill Park is necessary for the rules to be enforced by citations issued by the Police Department for violations of the City Municipal Code. • Reviewed call reports from PD, documented neighbor interactions, and received well over 100 public correspondences regarding the matter.
In addition, Staff and the FBC explored technical solutions, including:
• Evaluating quieter balls and reviewing in-depth sound studies, which were presented at public meetings and linked in staff reports. • Consulting with sound engineers and companies providing sound-dampening fencing or fencing covers.
• Comparing findings against the City’s General Plan (Noise Element, Parks and Open Space, Community Character) and Municipal Code.
The FBC also conducted a trial period, refined it based on feedback, posted public notices, and ensured transparency throughout the process. Based on these efforts, Staff is confident that the recommended approach in the form of a Policy, which was adopted unanimously by the FBC, is thorough, well-informed, cost-effective, and appropriate for implementation.
The FBC motion: Adopt the city’s recommendation for pickleball and tennis and to have a municipal code adopted that references days, times, and hours to play pickleball and tennis.
Staff believe the FBC’s Policy satisfies the Council’s original directive and aligns with the General Plan and Municipal Code. However, the Policy is not enforceable unless it is codified. As a result, circumstances have arisen that underscore the need for clear rules and penalties. While most park users follow the Policy, establishing enforceable provisions would benefit the public, neighbors, staff, and law enforcement by providing a meaningful deterrent for noncompliance.
Accordingly, Staff is bringing this matter to Council for consideration and discussion of a corresponding ordinance, as recommended by the FBC. We believe that making the Policy enforceable, in combination with the measures outlined therein, would significantly reduce complaints at the Forest Hill Park courts.
As such, Staff is bringing an example of an ordinance for purposes of beginning discussion on the topic, per the FBC. The following is an example ordinance, and does not constitute a first reading of an ordinance before the public:
Section [X].XX.XXX – Use of Athletic Courts at Forest Hill Park.
1. Pickleball play shall only be permitted on the permanent pickleball net(s) installed at Forest Hill Park and only on Tuesdays, Thursdays, and Saturdays between the hours of 10:00 a.m. and 4:00 p.m.
2. Tennis play shall only be permitted on the permanent tennis net(s) at Forest Hill Park seven days per week between the hours of 10:00 a.m. and 4:00 p.m.
Pickleball shall be played only on the permanent pickleball nets, and tennis shall be played only on the permanent tennis net(s).
3. It is unlawful to enter or remain in any City park facility during posted closed days and hours.
4. Any violation of this section shall constitute a municipal code violation enforceable pursuant to Chapter [X].XX of this Code.
FISCAL IMPACT:
Funding in the amount of $13,000 was appropriated in the Fiscal Year 2025-26 Materials and Supplies budget of the Division of Forest, Parks, and Beach to implement the measures outlined in the FBC Pickleball/Tennis Policy as soon as feasible.
An additional $2,000 to account for potential inflation in materials, labor and prevailing wage (if required for delivery or installation of the partition fence) brings the total estimate to $15,000 for pickleball and tennis costs in the 2025-26 Fiscal Year:
Two Pickleball Nets: $2,000
Partition Fence: $9,000
Automatic Locks: $2,000
Rules Signs: $0 (already displayed)
Court Paint: $0 (already available)
Contingencies: $2,000
Total = $15,000
Prior to purchasing the equipment outlined in the Policy, Staff seeks Council’s guidance. The City’s Public Works crew will be able to perform the necessary painting and installation of the nets and their permanent posts into the surface of the court.
While future adjustments may be needed, the Policy was written to represent a balance of recreational use and neighborhood compatibility.
PRIOR CITY COUNCIL ACTION:
August 6, 2024: City Council directed Staff to work with the Forest and Beach Commission to "explore a policy, prior to the end of 2024, that would balance the pickleball and tennis activities at Forest Hill Park with the surrounding residential uses." ATTACHMENTS:
1. Forest Hill Park Court Policy - Adopted by F&B 3/3/25, Effective 03/21/25
2. 3/13/25 Forest and Beach Staff report - Pickleball Policy Agenda Item
3. Pickleball Policy Presentation Slides
City of Carmel-by-the-Sea
POLICY REGULATING USAGE OF THE TENNIS AND PICKLEBALL COURTS IN FOREST HILL PARK Statement of Purpose:
The purpose of this policy is to establish a balanced approach to the use of the Forest Hill Park courts for both pickleball and tennis while addressing neighboring concerns related to noise, scheduling, and enforcement. This policy ensures that both sports remain accessible to the community while minimizing impacts on surrounding residential areas.
Policy:
To achieve this balance, the City of Carmel-by-the-Sea shall implement the following measures at the Forest Hill Park courts:
Court Designation:
The courts shall be permanently divided into designated areas for tennis-only and pickleball-only use. The City shall install two permanent pickleball courts with fixed nets on one side of the courts, effectively removing one tennis court. The other side of the courts shall be reserved for tennis-only use, with the removal of pickleball striping, effectively eliminating two pickleball courts.
Scheduled Play Hours:
Pickleball play shall be permitted only on Tuesdays, Thursdays, and Saturdays from 10:00 AM to 4:00 PM.
Tennis play shall be permitted daily from 10:00 AM to 4:00 PM.
Noise and Compliance Measures:
If necessary, automatic locks shall be installed on both court entrances to regulate access and enforce scheduled playtimes. A fence partition may be installed roughly near the midpoint of the courts, ensuring the tennis area is slightly larger to accommodate the larger court dimensions. The purpose of this partition is to provide a clear separation between the pickleball and tennis areas and to facilitate compliance with the designated play areas.
City Resources and Maintenance:
The City shall be responsible for the purchase, installation, and maintenance of pickleball nets, fencing, and any necessary locking mechanisms. The Public Works Department shall oversee the implementation of these measures and ensure ongoing compliance with the policy.
This policy is intended to promote fair access to recreational opportunities while reducing noise concerns, promoting compliance with City noise standards, and maintaining the village character of Carmel-by-the-Sea.
ATTACHMENT 1
CITY OF CARMEL-BY-THE-SEA
FOREST AND BEACH COMMISSION
Staff Report
March 13, 2025
ORDERS OF BUSINESS
TO: Forest and Beach Commissioners
SUBMITTED
BY:
Thomas C. Ford, Administrative Analyst
SUBJECT:
Pickleball and Tennis Policy: Consider a recommendation to the City Council regarding adoption of a policy to balance the Pickleball and Tennis activities at Forest Hill Park with the surrounding residential uses.
RECOMMENDATION:
Recommend City Council’s approval of proposed Policy 2025-003 to balance the pickleball and tennis activities at the Forest Hill Park courts. The Policy would include a recommendation to:
Install two permanent pickleball courts with fixed nets, purchased and maintained by the City, on one side of the Forest Hill Park courts, effectively removing one tennis court; Designate one side of the court for tennis-only use, painting over the pickleball striping, effectively removing two pickleball courts;
Establish playable pickleball hours from 10:00 AM to 4:00 PM on Tuesdays, Thursdays, and Saturdays;
Establish playable tennis hours from 10:00 AM to 4:00 PM, Monday through Sunday; Install automatic locks on both court entrances, if necessary, to enforce scheduled playtimes; Install a fence partition roughly mid-way through the courts, if necessary, to separate the pickleball and tennis areas.
BACKGROUND/SUMMARY:
At the 12/01/2011 meeting of the Forest and Beach Commission, the Commission voted to “approve the installation of one court for pickleball; if usage is high then the other side will be painted for pickleball.” Two pickleball courts were ultimately installed on the courts.
At the 09/09/2021 meeting of the Forest and Beach Commission, the Commission approved striping for two additional pickleball courts (for a total of four) to accommodate growing interest in the sport. The local pickleball resident community generously provided mobile pickleball nets for the Forest Hill Park courts.
They have consistently demonstrated a courteous and proactive spirit, contributing by painting, maintaining the courts, and regularly offering to assist with landscaping around the courts.
Since 2021, the City has received an increasing number of noise complaints related to pickleball play at Forest Hill Park.
ATTACHMENT 2
On 08/06/2024, City Council directed staff to work with the Forest and Beach Commission to “explore a policy, prior to the end of 2024, that would balance the pickleball and tennis activities at Forest Hill Park with the surrounding residential uses.”
In response to Council’s direction, Public Works staff conducted extensive public outreach, including meeting with local players and surrounding neighbors to gather input leading up to the following Forest and Beach Commission meeting.
Pickleball proponents highlighted the sport’s benefits, including its accessibility for all ages, promotion of exercise, effective use of park space for recreation, and the sense of community it fosters among both locals and visitors. Conversely, opponents expressed concerns regarding potential noncompliance with City ordinances and sound guidelines, the lack of regulated playing hours, and parking challenges caused by consistently crowded courts, especially on weekends.
At the 09/12/2024 meeting of the Forest and Beach Commission, staff presented a history of the issue, a summary of outreach, and the context of how sound is addressed throughout City policies and guidelines.
The Commission recommended that staff conduct further research into possible noise-reduction measures.
In the subsequent month, staff examined approaches taken by other municipalities, including the cities of Yountville and Monterey, to reduce pickleball noise. Findings were presented at the 10/10/2024 meeting of the Forest and Beach Commission, where it was noted that many other cities have also implemented sound-reducing measures such as quiet paddles/balls, restricted hours, and the use of sound barriers or sound fencing. The Commission recommended that staff further investigate sound barriers and record basic sound measurements as a reference point.
At its 11/14/2024 meeting, the Forest and Beach Commission reviewed sound level recordings taken by staff at three locations within 100 feet of the courts, measured at the boundary lines between public and private property (Attachment 1). The recordings showed periodic noise spikes slightly exceeding 60 dBA, narrowly surpassing the “Normally Acceptable” residential noise range outlined in the General Plan (Attachment 2, Table 9.2). While the Carmel Municipal Code Chapter 8.56 (Attachment 3, reproduced in its entirety) provides standards for evaluating noise, its criteria are more subjective—such as Section
8.56.060, which provides the definition of a Class D Noise, and Section 8.56.070, which outlines the General Noise Standard criteria.
When sound levels were taken while tennis was played, the sound gauge did not increase higher than the ambient noise levels in the area. Although the City used high quality noise measurement equipment lent by the City’s Planning and Building Department, the staff that took the sound recordings are not sound engineers, thus their readings were to provide a ballpark gauge of the issue and as such should not be held to precise scientific scrutiny nor to directly influence policy decisions.
Staff evaluated potential strategies for minimizing sound, including restricted hours, the requirement of quiet equipment, and acoustic fencing. The latter ultimately proved costly – in the range of $40,000 to $60,000 – and of questionable effectiveness relative to the overall nuisance complaints of persistent sound coming from a court which is uniquely situated more than 20 feet below several surrounding homes.
In order to prepare a set of possible rules for the Forest Hill Park courts, the Commission recommended that staff seek the insight of an acoustic fence representative and to continue researching what measures other jurisdictions have taken.
Interim Rules & Challenges:
ATTACHMENT 2
At the 12/12/2024 meeting of the Forest and Beach Commission, staff presented a number of options for interim rules, which ranged from the possibility of elimination of the sport in its entirety to the regulation of pickleball materials, playable hours, and days. Staff did not present an option for the installation of acoustic fences due to multiple challenges, including repeated requests to sales representatives which went unanswered. The Commission ultimately adopted a 90-day period of interim rules which restricted pickleball play to Tuesdays, Thursdays, and Saturdays from 9:00 AM to 5:00 PM. After 90 days, the Commission would reassess their effects in March 2025.
Within days of the December 2024 meeting, temporary signs indicating the approved playable days and times were first posted and went into effect on 12/20/2024. Over the next several weeks, numerous complaints of non-compliance were reported to Public Works and the Police, to the extent that by the 01/09/2025 meeting of the Forest and Beach Commission, there was a necessity for a review of the interim rules.
Because the temporary restrictions were not codified in the Carmel Municipal Code, punitive enforcement was not possible. To address this, the Commission amended the interim plan to include locking the nets when pickleball was not permitted and adjusting hours to 10:00 AM - 4:00 PM to allow staff the ability to perform the 4:00 PM locking of nets prior to the end of their working shift. Days after the 01/09/2025 Forest and Beach meeting, staff printed official City signs designating the newly adjusted playable hours and days for pickleball.
The following month, the planned February 2025 meeting of the Forest and Beach Commission was cancelled due to winter weather. A pickleball update had been scheduled to be included in the Announcements portion of the Public Works Director’s Report.
As of the publication of this staff report for the 03/13/2025 Forest and Beach Commission meeting, numerous challenges have arisen during the timeframe since the adoption of interim rules. Locking and unlocking procedures have been problematic and costly to coordinate with staff and custodial contractors, particularly on the weekends and in the event of an employee’s absence or sickness. The posted rules, which had been displayed in three locations around the court on official City signage, have been reported to have been ignored on a weekly basis, as noted by staff, surrounding neighbors, and passersby. Additionally, over a dozen calls to the Police Department, and regular complaints submitted to Public Works, have continued.
In an effort to address the situation in its entirety, City staff developed a Policy whose purpose is to:
A. “Balance the pickleball and tennis activities at Forest Hill Park with the surrounding residential uses” B. Comply with the City’s noise standards (Carmel Municipal Code Chapter 8.56 and the General Plan, specifically the Noise Element)
C. Be more attuned to the City’s village character
D. Align with the City’s human and fiscal resources.
Staff’s recommendation is predicated on addressing these four pillars.
A. Balance: The City has considered both the growing popularity of pickleball and the courts’ historical use for tennis. To accommodate both sports, staff recommends designating separate, permanent sections within the courts. The tennis side will be significantly larger to meet regulation dimensions, ATTACHMENT 2
while the pickleball side, requiring less space, will fit within the remaining area. To clearly define these sections, staff proposes installing a full-length fence to partition the courts—ensuring one side is exclusively for tennis and the other for pickleball. Additionally, each entrance gate would be equipped with an individual automatic locking device to help enforce designated play areas.
B. Compliance: Staff is recommending two of the four pickleball courts be removed in an effort to reduce by one half the total number of pickleball-related sounds. Staff believes that entirely unregulated play may not comply with the City’s noise standards. However, by significantly regulating the use of the courts to limited days and times (Tuesdays, Thursdays, Saturdays 10:00 AM - 4:00 PM), staff believe the recommended amount of play and duration of play will comply with the spirit of the City’s noise standards, uphold their intent, and would therefore not be considered so harsh or prolonged as to constitute a violation (Carmel Municipal Code, Section 8.56.020 D, 8.56.060,
8.56.070).
C. Village Character: The City is sensitive to the needs of our residents and their desire for the quaint village character that collectively makes our Village so special. At the same time, the City supports recreation in its designated park spaces. To balance our quaint ideal with the realities of living near recreational courts, staff recommends allowing pickleball play for a limited schedule—three days a week for six hours each. This approach provides local residents with an opportunity to enjoy the sport while helping to prevent issues such as crowding and parking overflow that can arise from unrestricted use.
D. Resources: The City Public Works Department has a limited staff, which makes it difficult to allocate resources to physically lock and unlock nets that are privately owned and located on City property. To address this, staff recommends that the City invest in high-quality, permanent pickleball nets, with an estimated cost of approximately $2,000. Additionally, by installing automatic-locking and unlocking mechanisms on the gates, staff believe this will significantly reduce the need for repeated in-person staff time. Staff also considers the estimated cost of a fence partitioning the two sides of the court to be reasonable, given the delicate balance we are aiming to achieve.
See Attachment 4 for the proposed Policy 2025-003. Staff is recommending the adoption of this Policy, predicated upon the City being the sole contributor to any purchase, maintenance, or labor relating to pickleball on or around the courts.
Environmental Evaluation
This action does not constitute a project within the meaning of the California Environmental Quality Act under Public Resources Code Section 21065. It has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and, therefore, does not require environmental review.
FISCAL IMPACT:
The estimated total cost for implementing the recommended Policy is $13,000. The Forest, Parks, and Beach Operating Budget does not have sufficient funds to cover these costs in the current 2024-25 Fiscal Year. However, as budget planning is currently underway, staff intends to request this amount—plus an additional $2,000 to account for potential inflation in materials, labor and prevailing wage (if required for delivery or installation of the partition fence)—for a total requested appropriation of $15,000 for pickleball costs in the 2025-26 Fiscal Year.
Two Nets: $2,000
Fence: $9,000
Automatic Locks: $2,000
ATTACHMENT 2
Rules Signs: $0 (already displayed)
Court Paint: $0 (already available)
Contingencies: $2,000
Total = $15,000
The City’s Public Works crew will be able to perform the necessary painting and installation of the nets and their permanent posts into the surface of the court.
ATTACHMENTS:
Attachment 1 - Sound Measurements, Distance to Homes
Attachment 2 - Excerpts from General Plan
Attachment 3 - CMC Ch 8.56
Attachment 4 - Proposed Policy 2025-003
ATTACHMENT 2
Location 1
Location 2
Location 3
NORTH---
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JUNIPERO ST.
LORCA LN
Location 1
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Attachment 1
ATTACHMENT 2
Location 2
Location 3
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Attachment 1
ATTACHMENT 2
Attachment 1
ATTACHMENT 2
Excerpts from the General Plan:
• Land Use & Community Character Element (Page 30, Subsection Goals Objectives and Policies, G1-2):
“Preserve the residential village character and perpetuate a balance of land uses compatible with local resources and the environment.” • Open Space and Conservation Element (Page 3, Subsection Goals, Objectives and Policies, G7-2):
Attachment 2
ATTACHMENT 2
o (Page 9, Subsection Additional Information):
• Public Facilities & Services Element (Page 2, Subsection Goals, Objectives and Policies):
• Noise Element (All pages):
Attachment 2
ATTACHMENT 2
General Plan/Coastal Land Use Plan Noise Element
Carmel-by-the-Sea September 2009
NOISE ELEMENT
Introduction and Purpose
The Noise Element of the City of Carmel-by-the-Sea's General Plan has been prepared pursuant to Section 65302(g) of the California Government Code. This section requires that each city's or county's General Plan shall contain a Noise Element. In preparing the Noise Element, the “Guidelines for the Preparation and Content of the Noise Element of the General Plan,” prepared by the office of Noise Control, California Department of Health, have been closely followed.
The purpose of the Noise Element is to form the basis for the City's efforts in community noise control. The Noise Element is composed of the following parts:
an evaluation of the present and future noise climate in Carmel; a discussion of the major noise sources in Carmel and some suggestions for their control;
a section discussing the use of the Noise Element as a planning tool; and a section summarizing actions which the City can take to reduce existing noise levels and avoid future noise problems.
A major objective of the Noise Element is to provide guidelines to achieve noise compatible land uses. As such, the Noise Element is most closely related to the Land Use, Housing, Circulation, and Open Space Elements. By identifying noise sensitive land uses and establishing compatibility guidelines for land use and noise, the Noise Element influences the general distribution, location, and intensity of future land use.
The circulation system within a city is one of the major sources of continuous noise; therefore, the existing and future circulation system identified in the Circulation Element will greatly influence the noise environment. When proper planning occurs circulation routes such as major streets and highways, along with truck routes, can be located to minimize noise impact upon noise sensitive land use.
Since noise can adversely affect the enjoyment of quiet activities in open space, the Noise Element is also closely related to the Open Space Element. Conversely, open space can be used as a noise buffer between incompatible land uses. This technique can reduce community noise levels and also provide usable open space for recreation.
This element also includes some of the findings gathered through the Community Survey (Survey). The Survey was prepared as part of the public outreach process to gain a broader Attachment 2
ATTACHMENT 2
General Plan/Coastal Land Use Plan Noise Element
Carmel-by-the-Sea September 2009
response from the community, property owners, and businesses on issues facing Carmel. The complete Survey report can be found in Appendix A.
Issues of Local Significance
The greatest noise source in Carmel is the large volume of automobile traffic that travels through Carmel. Large buses, trucks and vehicles travel through residential neighborhoods and generate noise that is not in keeping with Carmel's village character. The Survey identified construction, delivery trucks, and garbage trucks as the top three most disturbing noise sources for Carmel’s residents. The noise from traffic and buses was in the middle of the scale. While noises generated by animals and the business district were identified as the least disturbing. Other noise sources identified in the Survey included car alarms and leaf blowers as sources of disturbing noise, beyond an occasional, acceptable limit.
Goals, Objectives and Policies
G9-1 Preserve Carmel's overall quiet environment; reduce noise in Carmel to levels compatible with the existing and future land uses and prevent the increase of noise levels in areas where noise sensitive uses are located.
O9-1 Support programs to reduce community noise levels where possible to levels acceptable to the community.
P9-1 Noise emission levels shall be considered alongside performance and cost, when purchasing City owned vehicles and construction equipment.
P9-2 Continuously update the noise ordinance to conform with guidelines established by the Office of Noise Control and the California Department of Health Services.
P9-3 The noise ordinance shall clearly address all identified sources of noise to simplify enforcement.
P9-4 Ensure that construction activities are managed to minimize overall noise impacts on surrounding land uses.
P9-5 Develop a system to monitor construction noise impacts on surrounding land uses.
P9-6 Develop a noise enforcement program to minimize disturbance of the community tranquility.
Attachment 2
ATTACHMENT 2
General Plan/Coastal Land Use Plan Noise Element
Carmel-by-the-Sea September 2009
P9-7 Monitor sound levels on a routine basis in order to achieve, through a noise ordinance, reduction of unacceptable noise within Carmel.
O9-2 Consider the compatibility of proposed land uses with noise environment when preparing community plans or reviewing specific development proposals.
P9-8 Apply the noise and land use compatibility standards as shown in Table 9.2: Land Use Compatibility for Community Noise
Environments to all new residential, commercial, and mixed-use proposals, including condominium conversions.
P9-9 Require acoustical reports and evaluation of noise mitigation measures for projects that would substantially increase noise.
P9-10 Develop standard noise mitigation measures that can be incorporated into new developments.
P9-11 The standard noise mitigation measures shall not preclude creative solutions addressing unique situations when there are conflicts between noise levels and land use.
O9-3 Control unnecessary, excessive and annoying noises within the City where not preempted by Federal or State control.
P9-12 Protect residential areas from excessive noise from traffic, especially trucks and buses.
P9-13 Establish noise performance standards for City owned equipment, air circulating and air conditioning equipment.
P9-14 Endorse future efforts to reduce noise levels along Highway 1 to acceptable levels.
P9-15 Continue to prohibit the use of gas-powered leaf blowers in the City.
P9-16 Continue to maintain a truck route to limit noise impacts in the City.
P9-17 Continue to enforce state laws regarding un-muffled or improperly muffled motor vehicles.
P9-18 Continue to enforce the City’s Live Music Ordinance limiting the sound and location of live music in the commercial districts.
Attachment 2
ATTACHMENT 2
General Plan/Coastal Land Use Plan Noise Element
Carmel-by-the-Sea September 2009
Supporting Information
Noise Scales and Definitions
Sound is described in terms of the loudness (amplitude) of the sound and frequency (pitch) of the sound. The standard unit of measurement of the loudness of sound is the decibel (dB). Since the human ear is not equally sensitive to sound at all frequencies, a special frequency-dependent rating scale has been devised to relate noise to human sensitivity. The A-weighted decibel scale (dBA) performs this compensation by differentiating among frequencies in a manner approximating the sensitivity of the human ear.
Decibels are based on the logarithmic scale. The logarithmic scale compresses the wide range in sound pressure levels to a more usable range of numbers in a manner similar to the Richter scale used to measure earthquakes. In terms of human response to noise, a sound 10 dBA higher than another is perceived to be twice as loud and 20 dBA higher is perceived to be four times as loud, and so forth. Everyday sounds normally range from 30 dBA (very quiet) to 100 dBA (very loud). Examples of various sound levels in different environments are illustrated on Figure 9.1:
Sound Levels and Human Response.
Many methods have been developed for evaluating community noise to account for, among other things:
The variation of noise levels over time;
The influence of periodic individual loud events; and The community response to changes in the community noise environment.
Table 9.1: Noise Descriptors, provides a listing of methods to measure sound over a period of time. Table 9.2 Land Use Compatibility for Community Noise Environments, provides a description of California noise standards for various land use categories.
Attachment 2
ATTACHMENT 2
General Plan/Coastal Land Use Plan Noise Element
Carmel-by-the-Sea September 2009
Table 9.1: Noise Descriptors
Term Definition
Decibel (dB) The unit for measuring the volume of sound equal to 10 times the logarithm (base 10) of the ratio of the pressure of a measured sound to a reference pressure (20 micropascals).
A-Weighted Decibel (dBA) A sound measurement scale that adjusts the pressure of individual frequencies according to human sensitivities. The scale accounts for the fact that the region of highest sensitivity for the human ear is between 2,000 and 4,000 cycles per second (hertz).
Equivalent Sound Level (Leq) The sound level containing the same total energy as a time varying signal over a given time period. The Leq is the value that expresses the time averaged total energy of a fluctuating sound level.
Maximum Sound Level (Lmax) The highest individual sound level (dBA) occurring over a given time period.
Minimum Sound Level (Lmin) The lowest individual sound level (dBA) occurring over a given time period.
Community Noise Equivalent
Level (CNEL)
A rating of community noise exposure to all sources of sound that differentiates between daytime, evening, and nighttime noise exposure.
These adjustments are +5 dBA for the evening, 7:00 PM to 10:00 PM, and +10 dBA for the night, 10:00 PM to 7:00 AM
Day/Night Average (Ldn) The Ldn is a measure of the 24-hour average noise level at a given location. It was adopted by the U.S. Environmental Protection Agency (EPA) for developing criteria for the evaluation of community noise exposure. It is based on a measure of the average noise level over a given time period called the Leq. The Ldn is calculated by averaging the Leq’s for each hour of the day at a given location after penalizing the “sleeping hours” (defined as 10:00 PM to 7:00 AM), by 10 dBA to account for the increased sensitivity of people to noises that occur at night.
L01, L10, L50, L90 The fast A-weighted noise levels equaled or exceeded by a fluctuating sound level for 1 percent, 10 percent, 50 percent and 90 percent of a stated time period.
Source: Cyril M. Harris, Handbook of Noise Control, 1979.
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Table 9.2: Land Use Compatibility for Community Noise Environments Community Noise Exposure (CNEL)
Land Use Category Normally
Acceptable
Conditionally
Acceptable
Normally
Unacceptable
Clearly
Unacceptable
Residential - Low Density, Single-Family,
Duplex, Mobile Homes 50 – 60 55 - 70 70-75 75-85
Residential - Multiple Family 50 – 65 60 - 70 70 - 75 70 – 85 Transient Lodging - Motel, Hotels 50 – 65 60 - 70 70 - 80 80 – 85 Schools, Libraries, Churches, Hospitals,
Nursing Homes 50 – 70 60 - 70 70 - 80 80 – 85
Auditoriums, Concert Halls, Amphitheaters NA 50 - 70 NA 65 – 85 Sports Arenas, Outdoor Spectator Sports NA 50 - 75 NA 70 – 85 Playgrounds, Neighborhood Parks 50 – 70 NA 67.5 - 75 72.5 - 85 Golf Courses, Riding Stables, Water
Recreation, Cemeteries 50 – 70 NA 70 - 80 80 – 85
Office Buildings, Business Commercial, and
Professional 50 – 70 67.5 - 77.5 75 - 85 NA
Industrial, Manufacturing, Utilities,
Agriculture 50 – 75 70 - 80 75 - 85 NA
CNEL = community noise equivalent level
Source: General Plan Guidelines, Office of Planning and Research, California, October 2003.
Notes:
NORMALLY ACCEPTABLE - Specified land use is satisfactory, based upon the assumption that any buildings involved are of normal conventional construction, without any special noise insulation requirements.
CONDITIONALLY ACCEPTABLE - New construction or development should be undertaken only after a detailed analysis of the noise reduction requirements is made and needed noise insulation features included in the design. Conventional construction, but, but with closed windows and fresh air supply systems or air conditioning will normally suffice.
NORMALLY UNACCEPTABLE - New Construction or development should be discouraged. If new construction or development does proceed, a detailed analysis of the noise reduction requirements must be made and needed noise insulation features included in the design.
CLEARLY UNACCEPTABLE - New construction or development should generally not be undertaken.
NA: Not Applicable
Ambient Noise Measurements
To quantify existing ambient noise levels in Carmel, 11 noise measurements were conducted throughout the City on June 12, 2007. Locations of noise measurement sites were representative of typical existing noise exposure within the City of Carmel. Figure 9.2: Noise Measurement Locations, shows the locations of each site. As shown in Table 9.3: Noise Measurements, measured noise levels ranged from 41.4 dBA to 65.4 dBA.
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Table 9.3: Noise Measurements
Site
No.* Location Leq (dBA) Time
1 Open space area at the end of Martin Road 45.1 11:13 AM 2 Guadalupe Street between 4th and 5th Avenue 41.4 11:53 AM 3 Junipero Avenue at the Police Station 44.3 12:14 PM
4a Lincoln Avenue and Ocean Avenue at the Library 57.2 12:48 PM 4b Lincoln Avenue and Ocean Avenue at the Library 53.6 8:40 PM 5 Scenic Drive between 8th and 9th Avenue 65.4 2:30 PM
6a Dolores Street and 13th Avenue 45.5 2:44 PM
6b Dolores Street and 13th Avenue 41.4 9:40 PM
7 Monte Verde Street between 11th and 12th Avenue 43.1 3:03 PM 8 Cassanova Street between 9th and 10 Avenue 58.5 3:42 PM 9 Carmelo Street between 2nd and 4th Avenue 46.2 4:08 PM 10a Dolores and 2nd Avenue 41.6 4:48 PM
10b Dolores and 2nd Avenue 46.3 9:20 PM
11 Construction Activity along Scenic Drive 64.6 2:00 PM Note:
* Noise levels were also taken during the evening per the City’s requests. Site with both daytime and nighttime measurements are denoted by “a” and “b”.
Source: Noise Monitoring Survey conducted by RBF Consulting, June 12, 2007.
The majority of the City consists of residential homes. The commercial areas within the City are concentrated along major thoroughfares such as Ocean Avenue. As indicated in the noise measurement level provided in Table 9.3: Noise Measurements, noise levels within the residential areas of the City are well below 60 dBA. The noise levels within the residential portions of the City are considered “Normally Acceptable” based upon California Standards.
The highest noise levels were recorded along Scenic Drive. However, this noise also takes into account the noise generated from the Pacific Ocean in addition to traffic traveling along Scenic Drive. Based upon the noise measurements, the noise levels at the commercial areas (site 3 and 4) were well below 65 dBA, which would be considered “Normally Acceptable” for commercial and public areas.
Major Noise Sources
Control or abatement of a noise problem can typically be accomplished in any one or a combination of three ways: reduce or remove completely the noise source; protect the receiver Attachment 2
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of the noise; or block the path between the source of the noise and the receiver to reduce the noise level. All of these options can be used to reduce the noise exposure in Carmel.
State Highway 1
The greatest generator of continuous high noise levels, Highway 1, is located east of Carmel, outside of the city limits. The noise generated by motor vehicles on Highway 1 is caused by a relatively large number of automobiles and trucks traveling at high speed. This high noise level coupled with the fact that residences are located close to the roadway results in a noise problem.
The noise levels along Highway 1 in the yards of the nearest residents make conversation and normal vocal levels difficult. Even inside these homes with the windows and doors closed, highway noise is constantly audible as background level noise.
Truck and Bus Routes
Delivery trucks to the central business area of Carmel mainly use the following route: Carpenter Street, Second Avenue, Santa Fe Street, Third Avenue, Junipero Avenue, Fourth Avenue, San Carlos Street, Thirteenth Avenue and Rio road. As is shown in Figure 9.2: Noise Measurement Locations and Table 9.3: Noise Measurements, noise levels along these streets ranged between
44.3 dBA (Junipero Avenue at 4th Avenue) to 45.5 dBA (Dolores Street at 13th Avenue). These noise levels are considered very low and are “Normally Acceptable” for all types of land uses, including residential uses (see Table 9.2: Land Use Compatibility for Community Noise Environments). A heavy truck can generate noises as high as 88 dBA (TRBNA 2009), however, the noise measuring equipment averages noise levels recorded, resulting in a lower reading.
Tour buses traveling through Carmel have also been identified by residents as a source of noise.
Tour buses are directed in a loop pattern through Carmel on Carpenter street, Second Avenue, Santa Fe Street, Third Avenue, Junipero Avenue, Eighth Avenue, San Carlos Street, Thirteenth Avenue, and Rio Road. The tour bus route is similar to the designated truck route. The main problem with trucks and buses is that in a quiet residential area the noise emitted by these vehicles contrasts sharply against the low-level background noise.
Ocean Avenue
Ocean Avenue is one of the major access arterials of Carmel. Ocean Avenue presently carries an average daily traffic of 11,322 automobiles (more during seasonal periods and weekends) with a decreasing number of motor vehicles west of the business area. Truck traffic is prohibited on Ocean Avenue from Highway 1; therefore, the section of Ocean Avenue from Highway 1 to east of the central business area is used by automobiles only. Within the business area, trucks have destinations on Ocean, Junipero, Fifth, Sixth, Seventh and Eighth Avenues, and San Carlos, Lincoln, Mission, Dolores and Monte Verde Streets have to travel and unload throughout the business district. Residents living adjacent to Ocean Avenue are occasionally exposed to temporary, traffic generated, high noise levels. Noise measurements recorded along Ocean Attachment 2
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Avenue ranged from 53.6 dBA (evening) and 57.2 dBA (mid day) (see Figure 9.2: Noise Measurement Locations and Table 9.3: Noise Measurements). These noise levels are considered very low and are “Normally Acceptable” for all types of land uses, including residential uses (see Table 9.2 Land Use Compatibility for Community Noise Environments).
Individual Vehicles
One of the most annoying and illegal sources of noise in any community, including Carmel, is un-muffled or improperly muffled motor vehicles. Section 27150 of the California Motor Vehicle Code requires that all vehicles be equipped with a properly maintained muffler. Section 27151 makes it illegal to modify the exhaust system of any vehicle. Enforcement of these sections of the vehicle code does not require the use of a sound level meter to prove a violation.
In addition to the muffler regulations, Section 23130.5 of the Vehicle Code sets quantitative noise emission limits for different vehicle classes. Enforcement of this section requires noise monitoring equipment and trained personnel. Since almost all the vehicles that violate the quantitative limits have faulty or modified exhaust systems, it is generally more cost effective for a city to cite vehicles under sections 27150 and 27151.
Trash Pick-Up
Noise from trash pickup and compacting results from the use of hydraulic equipment which raises and lowers the metal trash bins, as well as compacts the contents. Typical noise levels range from 80 to 85 dBA at 50 feet during the raising, lowering and compacting operations. A typical trash pickup takes approximately three minutes. The higher noise levels occur during approximately one-half of the operation. The City experiences this type of noise level from existing trash pick-operation, and while this service emits much higher noise levels than its surroundings, the impact of trash pick up service would be short-term and periodic.
Street Sweepers
Because of the slow speed of the sweepers and the need to sometimes sweep opposite to the traffic flow, it is imperative that the sweepers operate when traffic is at its lowest. The nominal operating speed for a street sweeper is 5 miles per hour. This ensures a thorough pickup of debris, but can provide frustrating traffic delays during busy traffic hours. Most cities find it nearly impossible to sweep busy arterial streets or commercial areas after 7:00 AM. In residential areas the opposite is true as streets tend to have less on-street parking during normal work hours. Table 9.4: Street Sweeper Noise Levels, provides representative noise levels for two types of street sweepers. As indicated in Table 9.5: Street Sweeper Noise Levels, noise levels can vary between product type and operation. The noise generated by street sweepers may cause annoyance to surrounding sensitive uses. Although the sweepers result in noise levels above 60 dBA it is not a sustained noise level. The operation of street sweepers would vary and is not anticipated to significantly increase the ambient noise levels within the City.
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Table 9.4: Street Sweeper Noise Levels
Vehicle Idling at 10 feet Operating at 10 feet Idling at 75 feet Operating at 75 feet Schwartz Sweeper 76.7 dBA 91.2 dBA 66.1 dBA 76.7 dBA
Johnston Sweeper 66.2 dBA 88.9 dBA 55.4 dBA 73.0 dBA
Source: City of Ashland, http://www.ashland.or.us/Page.asp?NavID=9565, July 17, 2007.
Community Perceptions About Noise
The Survey prepared as part of the General Plan update included a series of questions related to establishing community noise perception. A great majority of respondents (80 percent) perceived Carmel as a tranquil, quiet place with only occasional noise problems (64 percent). A small percentage of respondents (22 percent) believed that Carmel has an increasing noise problem. Similarly, a small percentage of respondents (22 percent) thought that the City should do more to control noise. Graph 9.1: Noise Perception, provides detail related to Carmel residents perception of noise.
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General Plan/Coastal Land Use Plan Noise Element
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Graph 9.1: Noise Perceptions
Tranquil, Quiet Place
50%
30%
5%
2%
10%
3%
Occasional Noise Problems
34%
30%
8%
6%
14%
8%
Increasing Noise Problems
9%
13%
19%
23%
16%
19%
Increase Noise Control
11%
9%
19%
23%
17%
21%
1 = Strogly Agree 2 = Somewhat Agree
3 = Neutral/ No opinion 4 = Somewhat Disagree
5 = Strongly Disagree No Response
Construction, delivery trucks, and garbage trucks were identified as the top three most disturbing noise sources in Carmel. The noise from traffic and buses was in the middle of the scale, while noises generated by animals and the business district were identified as the least disturbing (see Graph 9.2: Disturbing Noise Sources). In addition, the narrative portion of responses also identified car alarms and leaf blowers as sources of disturbing noise, beyond an occasional, acceptable limit.
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General Plan/Coastal Land Use Plan Noise Element
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Graph 9.2: Disturbing Noise Sources
Notes:
(1) Agreed category for this graph combines the results of the strongly agreed and somewhat agreed categories. For a detailed breakdown of these categories, please refer to Appendix A.
(2) Disagreed category for this graph combines the results of the strongly disagreed and somewhat disagreed categories. For a detailed breakdown of these categories, please refer to Appendix A.
A lot of the miscellaneous noises above were identified as common problem in Carmel. Power saws, leaf blowers and other assorted power tools (such as branch shredders and street sweepers operated by the City) are often annoying to neighbors. The variety of power tools in use and because some are used exclusively outdoors, makes enforcement of fixed noise emission limits difficult. The hours during which these tools are used, however, can be regulated. Other activities which generate noise, and which may cause annoyance, include amplified music, public address systems, and refuse collection and are best controlled through the adoption of a quantitative community noise ordinance.
The Noise Element as a Planning Tool
The noise measurements for Carmel provide baseline information that will be very useful in the City's planning efforts. Some of the more important uses follow. 40% 33% 28% 26% 19%
9%
19%
26%26%
31%
28%
35%
41%
20%
25%
26%
24%
25%
23%
19%
21%
16%
16%
17%
21%
23%
31%
32%
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
Construction Delivery trucks Garbage trucks Traffic Tourists/Travel buses
Animals Business district
Agreed (1) Disagreed (2) Neutral/No Opinion No Response Attachment 2
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Exterior Noise Levels and Land Use Compatibility
Over the years many studies have been performed to determine how much noise is acceptable for different land uses. Table 9.2: Land Use Compatibility for Community Noise Environments summarizes this information. The table indicates that there is often a large range of exterior noise levels for which a land use could be made compatible if the necessary noise reduction features are included in the design of the project. The land use compatibility table used in conjunction with the noise measurements will, therefore, provide additional input into the decision making process. Proposals to rezone parcels, for example, can be quickly evaluated for any potential conflicts with the existing noise environment.
Noise Ordinance
Section 8.56 of the City’s Municipal Code includes a Noise Ordinance. The purpose of this ordinance is to prohibit unnecessary, excessive and annoying noises from all sources in the City and provide guidance as to what uses fall within this group. The standards used in determining if a noise is a nuisance include, but are not limited to:
The volume, intensity, and duration of the noise;
The number of persons affected by the noise;
The use and zoning of the area within which the noise emanates; The time of day or night the noise occurs;
Whether the origin of the noise is natural or unnatural; Whether the noise is recurrent, intermittent, or constant; and Whether the noise is produced by a commercial or a noncommercial activity.
The Noise Exposure Contours and the California Noise Insulation Standards The California Noise Insulation Standard for Multi-Family Dwellings (Title 25 of the California Government Code) requires an acoustical report for dwellings proposed in areas where the CNEL exceeds 60 dBA. The purpose of the acoustical report is to demonstrate the manner by which the development will meet the standards for interior noise levels.
Noise Mitigation Measures
In some situations it is necessary to construct noise sensitive developments (e.g. residential, schools, hospitals) in noisy areas. In those cases noise control engineering can be used to help mitigate noise impacts in a way that does not interfere with structural, architectural, or building code requirements. The measures or combinations of measures used to mitigate noise fall into four major categories: site planning, architectural layout, noise barriers, and construction modifications. Noise mitigation measures should also be assessed against other community values such as open space, aesthetics, maintenance problems, etc. Each project has its own special problems, and mitigation measures, which are cost effective for one project, may not be Attachment 2
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for another. Regardless of the measures employed for a project, mitigation is generally cheaper and more effective if it is addressed during the design phase.
Noise Element
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General Plan/Coastal Land Use Plan Noise Element
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Noise Element References
RBF Consulting, City of Carmel-by-the-Sea Noise Measurements, July 2007. (RBF 2007) Transportation Research Board of the National Academies, Vehicle Noise Sources and NoiseSuppression <http://pubsindex.trb.org/document/view/default.asp?lbid=40119>.
Accessed April 15th, 2009. (TRBNA 2009)
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Figure 9.1
Sound Levels and Human Response
04/03/2009 JN 70-100077
Source: Melville C. Branch & R. Dale Beland (1970), Environmental Protection Agency (1974)
CARMEL-BY-THE-SEA GENERAL PLAN UPDATE
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Casanova St.
Ocean Ave.
8th Ave.
Scenic Rd.
10th Ave.
Monte Verde St.
13th Ave.
Santa Lucia Ave.
Junipero Ave.
4th Ave.
2nd Ave.
Carpenter
Rio Rd.
C
A
R
M
E
L
B
A
Y
1 3 2
4*
5 6*
7 8
9 10
11 Legend
City Limit
Noise Level between
50-60 dBA
Noise level between
60-70 dBA
Notes:
*Measurement inlcudes day
and night surveys
Noise below 50 dBA
1 2
3 4*
5 6*
Open space at the end of Martin Rd.
Guadalupe St. between 4th & 5th Ave.
Junipero Ave. at Police Station Courtyard
Lincoln Ave. & Ocean Ave. at Library seating area
Scenic Rd. between 8th & 9th Ave.
Dolores St. & 13th Ave.
# LOCATION
7 8
9 10
11 Monte Verde St. between 11th & 12th Ave.
Cassanova St. between 9th & 10th Ave.
N. Carmel, north of 4th St.
Dolores & 2nd Ave.
Construction activity along Scenic Dr.
Notes: All measurements taken on June 12, 2007.
*Location includes day and night measurements.
Noise Measurement Locations
CARMEL-BY-THE-SEA GENERAL PLAN UPDATE
Figure 9.2 04/03/2009 JN 70-100077
0 50 1,000
Feet
Source: RBF Consulting (2007)
´
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Chapter 8.56
NOISE REGULATION
8.56.010 Declaration of Policy.
It is declared to be the policy of the City to prohibit unnecessary, excessive and annoying noises from all sources subject to its police power. At certain levels, noises are detrimental to the health and welfare of the citizenry and in the public interest shall be systematically proscribed. The purpose of this legislation is to secure and promote the public health, comfort, safety and welfare and to protect the rights of citizens of the community to privacy and freedom from public nuisance of loud and unnecessary noise. (Ord. 80-4 § 1, 1980; Code 1975 § 699.60).
8.56.020 Definitions.
As used in this chapter, unless the context otherwise clearly indicates, the words and phrases used are defined as follows:
A. “Class A noise” includes noise created by and emanating from equipment operated in the public interest or for emergency or safety purposes. Such equipment includes, but is not limited to, sirens, street sweepers, spray rigs, chipper machines, garbage trucks or public utility equipment. Equipment operated by private persons working in the public rightof-way in nighttime or early morning hours in order to avoid blocking traffic in daylight hours is deemed to be operated in the public interest, unless declared not to be in the public interest by the City Administrator.
B. “Class B noise” includes noise created or generated within or adjacent to residential property which is necessary and normally associated with property maintenance and construction. Class B noise includes, but is not limited to, noise created by power equipment and tools, appliances, workshops, vehicle repairs and testing and construction projects.
C. “Class C noise” includes noise created or generated from motorized or mechanical equipment or devices used in sporting, recreational and hobby activities and includes, but is not limited to, motor-equipped minibikes, go-carts, motorcycles operating off public rights-of-way, drag races, model planes and cars.
D. “Class D noise” includes unnecessary, unnatural or unusual noises or sounds created by means of human voice or animal outcry, or by any other means or methods which are so annoying, or which are so harsh or prolonged, as to be injurious to the health, peace and comfort of any reasonable person of normal sensitiveness working, residing or otherwise occupied in the area.
E. “Commercial purpose” means and includes the use, operation or maintenance of any sound-amplifying equipment for the purpose of advertising any business, or any goods, or any services, or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage or customers to or for any performance, show, entertainment, exhibition or event.
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F. “Motor vehicles” includes, but is not limited to, minibikes and go-carts.
G. “Noncommercial purpose” means the use, operation or maintenance of any sound equipment for other than a “commercial purpose.” “Noncommercial purpose” means and includes, but is not limited to, philanthropic, political, patriotic, and charitable purposes.
H. “Person” means a person, firm, association, copartnership, joint venture, corporation, or any entity, public or private in nature.
I. “Sound-amplifying equipment” means any machine or device for the reproduction or amplification of the human voice, music, or any other sound, but does not include standard automobile radios or other sound-reproducing devices when used or heard only by the occupants of the vehicle in which installed, nor any warning or alerting devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.
J. “Sound truck” means any motor vehicle or any other vehicle or conveyance regardless of motive power, whether in motion or stationary, having mounted thereon, attached thereto or carrying any sound-amplifying equipment, excepting trucks or other vehicles of any public agency or public utility when in use by such public agency or public utility. (Ord. 2018-03 § 1 (Exh. A § 2), 2018; Ord. 80-4 § 1, 1980; Code 1975 § 699.61).
8.56.030 Class A Noise.
The creation and emission of Class A noise as defined in this chapter are specifically exempt from the provisions of this chapter. (Ord. 80-4 § 1, 1980; Code 1975 § 699.65).
8.56.040 Class B Noise.
It shall be unlawful to create and emit Class B noise as defined in this chapter between the hours of 6:30 p.m. of one day and 8:00 a.m. of the following day. (Ord. 2018-03 § 1 (Exh. A § 3), 2018; Ord. 2006-03 § 1, 2006; Ord. 80-4 § 1, 1980; Code 1975 § 699.66).
8.56.050 Class C Noise.
It shall be unlawful to create and emit Class C noise as defined in this chapter between the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day. The operation of equipment or devices which create or generate Class C noise shall be performed at sufficient distances away from residential property so that persons of normal sensitiveness at such residential locations are not unreasonably disturbed by the noise of the equipment or devices. The conduct and operation of any public event, whether commercial or noncommercial in nature, is excluded from the restrictions of this section. (Ord. 80-4 § 1, 1980; Code 1975 § 699.67).
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8.56.060 Class D Noise.
It shall be unlawful for any person to make or cause, or permit to be made or caused, upon any public or private property, or upon any public street, road, lane, alley or thoroughfare, any Class D noise as defined in this chapter. (Ord. 80-4 § 1, 1980; Code 1975 § 699.68).
8.56.070 General Noise Standard.
The standards which shall be considered in determining whether a violation of the provisions of this chapter exists shall include, but shall not be limited to, the following:
A. The volume and intensity of the noise;
B. The number of persons affected by the noise;
C. The volume and intensity of the background noise, if any; D. The use and zoning of the area within which the noise emanates; E. The time of day or night the noise occurs;
F. Whether the nature of the noise is usual or unusual; G. The proximity of the noise to residential sleeping facilities; H. The density of the inhabitation of the area within which the noise emanates; I. Whether the origin of the noise is natural or unnatural; J. The duration of the noise;
K. Whether the noise is recurrent, intermittent, or constant; L. Whether the noise is produced by a commercial or a noncommercial activity. (Ord. 80-4 § 1, 1980; Code 1975 § 699.69).
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8.56.080 Combustion Engine Blower.
The operation of a combustion engine blower for the purpose of displacing, removing or blowing any materials from or about public or private property in a manner which allows the engine to be heard on public property or causes the materials to be blown into the air in a manner which allows them to settle on public property or on private property not belonging to the same owner of the property on which the blower is being operated is declared to be a public nuisance and unlawful. (Ord. 92-17 § 1, 1992; Ord. 80-4 § 1, 1980; Code 1975 § 699.70).
8.56.085 Sound Reproduction or Broadcasting Equipment.* A. Except as provided in this chapter, it is unlawful for any person to operate or cause to be operated in the City any sound reproduction or broadcasting equipment in such manner as to cause sound to be projected therefrom outside of any building or out of doors within the corporate limits of the City.
B. Exceptions. The provisions of this chapter shall not apply to the following:
1. Sound reproduction within automobiles for the pleasure and entertainment of the occupants of such automobiles; provided, however, that the sound reproduction shall not be amplified beyond a distance of 50 feet from the vehicle as defined in the California Vehicle Code, Section 27007;
2. The operation of sound reproduction or broadcasting equipment within any dwelling for the pleasure and entertainment of the occupants of such dwelling; provided, however, that the sound reproduction shall not be amplified beyond the reasonable necessities of the occupants of such dwelling;
3. The use of such equipment outside of automobiles or dwelling houses between the hours of 9:00 a.m. and 10:00 p.m. on private property in R-1 district, or on property zoned P-1 or P-2 within the City, for the private entertainment of people within a range of 25 feet from such equipment, and amplified only to the degree suitable for the enjoyment of people within a range of 25 feet;
4. The use of such equipment in connection with the outdoor performances at the Forest Theater; provided, that the amplification of sound not exceed that reasonably needed for the reasonable enjoyment of patrons of the Forest Theater seated therein;
5. The use of such equipment for bona fide rehearsals at the Forest Theater, between the hours of 9:00 a.m. and 10:00 p.m.; provided, that the sound be amplified no louder than that needed for a performance at such theater;
6. The use of such equipment by duly authorized agents of the City, or other governmental bodies, or their agents. (Ord. 90-7 § 1, 1990; Ord. 88-2 § 2 (Exh. B), 1988).
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* Prior legislation: Code 1975 §§ 638.5, 638.6, 638.7.
8.56.090 Residential Units in Commercial District.
Noise generated by or from business operations or about business premises, between the hours of 11:00 p.m. and 8:00 a.m., which noise can be heard inside apartments, condominiums, or other residential units and is of a character which prevents a reasonable person of normal sensitiveness from quietly enjoying the premises, including sleeping therein, is deemed to be Class D noise and is prohibited. (Ord. 80-4 § 1, 1980; Code 1975 § 699.71).
8.56.100 Violations – Infractions.
Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. (Ord. 80-4 § 1, 1980; Code 1975 § 699.62).
8.56.110 Violations – Additional Remedies – Injunctions.
As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision of this chapter, which operation or maintenance causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area, shall be deemed, and is declared to be, a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. (Ord. 80-4 § 1, 1980; Code 1975 § 699.63).
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City of Carmel-by-the-Sea
POLICY REGULATING USAGE OF THE TENNIS AND PICKLEBALL COURTS IN FOREST HILL PARK Statement of Purpose:
The purpose of this policy is to establish a balanced approach to the use of the Forest Hill Park courts for both pickleball and tennis while addressing neighboring concerns related to noise, scheduling, and enforcement. This policy ensures that both sports remain accessible to the community while minimizing impacts on surrounding residential areas.
Policy:
To achieve this balance, the City of Carmel-by-the-Sea shall implement the following measures at the Forest Hill Park courts:
Court Designation:
The courts shall be permanently divided into designated areas for tennis-only and pickleball-only use. The City shall install two permanent pickleball courts with fixed nets on one side of the courts, effectively removing one tennis court. The other side of the courts shall be reserved for tennis-only use, with the removal of pickleball striping, effectively eliminating two pickleball courts.
Scheduled Play Hours:
Pickleball play shall be permitted only on Tuesdays, Thursdays, and Saturdays from 10:00 AM to 4:00 PM.
Tennis play shall be permitted daily from 10:00 AM to 4:00 PM.
Noise and Compliance Measures:
If necessary, automatic locks shall be installed on both court entrances to regulate access and enforce scheduled playtimes. A fence partition may be installed roughly near the midpoint of the courts, ensuring the tennis area is slightly larger to accommodate the larger court dimensions. The purpose of this partition is to provide a clear separation between the pickleball and tennis areas and to facilitate compliance with the designated play areas.
City Resources and Maintenance:
The City shall be responsible for the purchase, installation, and maintenance of pickleball nets, fencing, and any necessary locking mechanisms. The Public Works Department shall oversee the implementation of these measures and ensure ongoing compliance with the policy.
This policy is intended to promote fair access to recreational opportunities while reducing noise concerns, promoting compliance with City noise standards, and maintaining the village character of Carmel-by-the-Sea.
Attachment 4
ATTACHMENT 2
Pickleball at Forest Hill Park:
Addressing Noise and Usage
City Council Special Meeting
September 3, 2025
CITY OF CARMEL-BY-THE-SEA
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December 1, 2011:
• Forest and Beach Commission (FBC) voted to
incorporate two pickleball courts into the
Forest Hill Park tennis courts.
September 9, 2021:
• FBC voted to stripe two additional courts
CITY OF CARMEL-BY-THESEA
Initial Approvals
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CITY OF CARMEL-BY-THESEA
2021 - 2024
• Council referred pickleball to the FBC -- “find a
balance.”
• Background, City policies, resident input
• FBC recommended: research other cities’
rules and methods to address noise.
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CITY OF CARMEL-BY-THESEA
Signs and Rules
Lower FHP
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CITY OF CARMEL-BY-THESEA
Signs and Rules
Upper FHP
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CITY OF CARMEL-BY-THESEA
Early Research
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• Staff presented findings.
• Yountville and Monterey
• Other cities used measures like quiet
paddles/balls, limited hours, and sound
barriers to reduce impact.
• F&B recommended that staff research sound
barriers and collect rudimentary sound data.
CITY OF CARMEL-BY-THESEA
10/10/2024 (FBC)
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CITY OF CARMEL-BY-THESEA
11/14/2024 (FBC)
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CITY OF CARMEL-BY-THESEA
11/14/2024 (FBC)
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CITY OF CARMEL-BY-THESEA
11/14/2024 (FBC)
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CITY OF CARMEL-BY-THESEA
11/14/2024 (FBC)
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CITY OF CARMEL-BY-THESEA
11/14/2024 (FBC)
• No official/scientific data collected by a sound
engineer.
• Data collected showed >60 dBA, residential
limits.
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CITY OF CARMEL-BY-THESEA
11/14/2024 (FBC)
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CITY OF CARMEL-BY-THESEA
11/14/2024 (FBC)
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CITY OF CARMEL-BY-THESEA
11/14/2024 (FBC)
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CITY OF CARMEL-BY-THESEA
11/14/2024 (FBC)
• Sound-reducing options:
• “Acoustic fencing”:
• Could reduce pitch noise
• High cost ($30K-$60K)
• Might not resolve issue due to
elevated homes nearby
• Dampened sound may still
produce complaints. Pacific Grove Pickleball Sound Fencing ATTACHMENT 3
CITY OF CARMEL-BY-THESEA
12/12/2024 (FBC)
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CITY OF CARMEL-BY-THESEA
Interim Rules (2024)
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CITY OF CARMEL-BY-THESEA
01/09/2025 (FBC)
• Lock nets
• Adjust hours: 10 AM - 4 PM
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CITY OF CARMEL-BY-THESEA
New Signs (2025)
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CITY OF CARMEL-BY-THESEA
03/13/2025 (FBC)
• Personnel, $
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CITY OF CARMEL-BY-THESEA
Policy Criteria for FBC
(03/13/2025)
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CITY OF CARMEL-BY-THESEA
Staff Recommendation
for FBC (03/13/2025)
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CITY OF CARMEL-BY-THESEA
Staff Recommended
Policy for FBC (03/13/2025)
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CITY OF CARMEL-BY-THESEA
Recommended Partition
Upper FHP
40 ft
117 ft
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CITY OF CARMEL-BY-THESEA
Fiscal Impact
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CITY OF CARMEL-BY-THESEA
Video 1
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CITY OF CARMEL-BY-THESEA
Video 2
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CITY OF CARMEL-BY-THESEA
Video 3
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CITY OF CARMEL-BY-THESEA
Video 4
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CITY OF CARMEL-BY-THESEA
Discussion
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