EXHIBIT A
NOISE ORDINANCE AMENDMENTS
17.30.050 Noise standards.
A. Purpose. This section implements the policies of the noise element of the general plan, and provides standards for noise mitigation that are intended to protect the community health, safety, and general welfare by limiting exposure to the unhealthful effects of noise.
B. Applicability. No use, activity, or process shall exceed the maximum allowable noise levels established by this section, except for the following noise sources:
1. Emergencies. Public safety warning devices (e.g., ambulance, fire, and police sirens), sound for alerting persons to the existence of an emergency, or the performance of authorized emergency work including but not limited to restore property to a safe condition following a public calamity or work and equipment required to protect persons or property from an imminent exposure to danger or work and equipment by private or public utilities when restoring utility service;
2. State or Federal Preempted Activities. Any activity regulated by state or federal law;
3. Public Health and Safety Activities. Construction, maintenance, and/or repair operations by public agencies and/or utility companies or their contractors that are serving public interests, and/or protecting the public health, safety, and general welfare;
4. Parks. Public agency sanctioned recreational activities and programs conducted in public parks; and
5. Solid Waste Collection. The authorized collection of solid waste.
C. Noise Source Standards.
1. Noise Level Limitations. No use, activity, or process within the city shall generate noise in excess of the levels identified by Tables 3-3 and 3-4, as the noise is measured at the property line of a noise sensitive land use identified in Tables 3-3 and 3-4. a. If the measured ambient noise level exceeds the applicable noise level standard in any category shown in Table 3-3, the applicable standards shall be adjusted to equal the ambient noise level.
b. If the intruding noise source is continuous and cannot reasonably be discontinued or stopped to allow measurement of the ambient noise level, the noise level measured while the source is in operation shall be compared directly to the applicable noise level standards identified in Table 3-3.
Notwithstanding the above requirements, no person shall allow or cause the generation of any noise of a type, volume, pitch, tone, repetition, or duration that would be found to be a nuisance by a reasonable person beyond the boundaries of the property where the noise is generated.
EXHIBIT A
NOISE ORDINANCE AMENDMENTS
Table 3-3
Maximum Allowable Noise Level by Receiving Land Use
Outdoor Activity
Areas(1)(2)
Interior Spaces Noise Sensitive Land Use
dBA Ldn dBA Ldn dBA Leq
Residential 65 45 N.A.
Transient lodging 65 45 N.A.
Hospitals, extended care 65 45 N.A.
Theater, auditorium (3) 45 35
Meeting facility, public or private 65 45 40
Offices 75 45 45
School, library, museum 65 45 45
Playground park 70 N.A. N.A.
Notes:
(1) Where the location of outdoor activity areas is unknown, the exterior noise level standard shall be applied to the property line of the receiving land use.
(2) Where it is not possible to reduce noise in outdoor activity areas to 65 dB Ldn/CNEL or less using a practical application of the best-available noise reduction measures, an exterior noise level of up to 70 dB Ldn/CNEL may be allowed provided that available exterior noise level reduction measures have been implemented and interior noise levels are in compliance with this table.
(3) Subject to an acoustical analysis in compliance with subsection (C)(2) of this section.
Table 3-4
Noise Standards for Short-Duration Events Near Residential Areas Maximum Allowable Sound Level(1)
Sound Level Day/Evening dB
(7 a.m. to 10 p.m.)
Night dB
(10 p.m. to 7 a.m.)
Hourly Leq dB 50 45
Maximum Level, dB 70 65
Maximum Level, dB, for Impulsive Noise 65 60
Notes:
(1) If the offensive noise contains a steady, audible tone (e.g., a screech or hum), is a repetitive noise (e.g., hammering), or contains speech or music, the maximum allowable sound level shall be reduced by 5 dB.
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NOISE ORDINANCE AMENDMENTS
2. Acoustical Analysis Required. Where the director determines that a proposed project may generate noise in excess of any limit established by Table 3-3, and/or where the use may generate noise in outdoor areas in excess of 60 dBA, the land use permit application for the use shall include an acoustical analysis by a qualified professional approved by the director. a. Contents. The analysis shall determine the potential for stationary source noise impacts to neighboring land uses, include field measurements to determine more precise locations for existing and projected future noise levels (based on traffic projections in the circulation element of the general plan or as otherwise accepted by the city), and recommend appropriate mitigation measures.
b. Preferred Mitigation Measures for Receptor Sites. When development is subject to high noise levels requiring mitigation, the following measures shall be considered and preference shall be given where feasible in the following order:
i. Site layout, including setbacks, open space separation and shielding of noisesensitive uses with non-noise-sensitive uses; ii. Acoustical treatment of buildings; or
iii. Structural measures such as constructed of earth berms and/or wood or concrete barriers; provided that no sound wall shall be located adjacent to a public street.
3. Limitation on Hours of Construction. In order to allow construction schedules to take advantage of the weather and normal daylight hours, and to ensure that nearby residents as well as nonresidential activities are not disturbed by the early morning or late night activities, the city has established the following limits on construction, in compliance with Table 3-5 or as required by conditions of approval.
Table 3-5
Allowable Hours of Construction
Day Allowable Hours
Monday through Friday 7:00 a.m. to 7:00 p.m.
Saturday and Sunday,
Holidays
Construction activities may only be allowed by the review authority through conditions of approval between 9:00 a.m. and 5:00 p.m.
4. Limitation on Truck Deliveries. Truck deliveries to a commercial or industrial parcel adjacent to a residential zoning district shall be limited to the hours between seven a.m. and seven p.m., unless the director authorizes other delivery times based on the determination that there is either no feasible alternative, or there are overriding transportation and traffic management benefits to scheduling deliveries at night.
D. Noise Receptor Standards. Where noise-sensitive land uses are proposed in areas exposed to existing or projected noise levels in excess of the standards in Tables 3-3 and 3-4, the city shall require an acoustical analysis as part of the environmental review process so that noise mitigation may be included in the project design, so that proposed structures are designed to limit intruding
EXHIBIT A
NOISE ORDINANCE AMENDMENTS
noise in interior rooms to 45 dBA Ldn. At the discretion of the director, the requirement for an acoustical analysis may be waived if all of the following conditions are satisfied:
1. The development is for less than five ten (10) single-family dwellings or less than ten thousand square feet of total gross floor area for office buildings, churches, or meeting halls;
2. The noise source in question consists of a single roadway or railroad for which up-to-date noise exposure information is available. An acoustical analysis will be required if the noise source is a stationary noise source, or if there are multiple noise sources that could affect the project;
3. The projected future noise exposure at the exterior of proposed buildings or outdoor activity areas does not exceed 65 dBA Ldn;
4. The topography of the area is essentially flat; and
5. Effective noise mitigation, as determined by the director, is incorporated into the project design. The measures can include, but are not limited to, the use of building setbacks, building orientation, or noise barriers. If closed windows are required for compliance with interior noise level standards, air conditioning or a mechanical ventilation system will be required.
E. Noise Measurement. Exterior noise levels shall be measured at the property line of the noisesensitive land use receiving the noise, or alternatively at the property line of the source emitting the noise. Noise measurement shall be made with a sound level meter using the “A” weighted scale at slow meter response. Fast meter response shall be used only for an impulsive noise. (Ord. 766 § 2 Exh. A (part), 2004).
F. Standards for determining violations.
Notwithstanding any other provision of this chapter, and in addition thereto, it is unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include the significance criteria identified in Policy N 1.7 of the General Plan, the Land Use Compatibility Exterior Noise Exposure (Ldn) information in General Plan Table N-1, the Noise Level and Standards identified in Zoning Code Tables 3-3 and 3-4 as well as, but not limited to the criteria listed below:
(A) The level of noise;
(B) The intensity of the noise;
(C) Whether the nature of the noise is usual or unusual (D) Whether the origin of the noise is stationary and non-transportation or transportation noise;
EXHIBIT A
NOISE ORDINANCE AMENDMENTS
(E) The level and intensity of the background noise, if any; (F) The proximity of the noise to residential sleeping facilities; (G) The nature and zoning of the area within which the noise emanates; (H) The density of the inhabitation of the area within which the noise emanates; (I) The time of the day or night the noise occurs;
(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 noncommercial activity.
G. Special Noise Sources
1. Leaf Blowers
Offense. It is unlawful for any person to operate any gas-powered leaf blowers in a residential zone between the hours of eight p.m. and eight a.m. on weekdays or between the hours of eight p.m. and nine a.m. on Saturdays and Sundays.
H. Violation
Any violation of this chapter may be enforced either as an infraction or as a misdemeanor, or by any remedy available to the city under this code, or under state law.