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Agenda Item C.3
DISCUSSION/ACTION ITEM
Meeting Date: August 15, 2023
TO: Mayor and Councilmembers
FROM: Megan Garibaldi, City Attorney
CONTACT: Winnie Cai, Assistant City Attorney
SUBJECT: Ordinance to amend Chapter 9.09 of the Goleta Municipal C ode regarding noise restrictions and determination that the ordinance is exempt from the California Environmental Quality Act
RECOMMENDATION:
A. Introduce and conduct first reading (by title only) and waive further reading of Ordinance No. 23 -___ entitled “An Ordinance of the City of Goleta , California, Amending Chapter 9.0 9 of Title 9 of the Goleta Municipal Code Regarding Restricted Noises”;
B. Find that the Ordinance is Categorically Exempt from the California Environmental Quality Act; and
C. Direct staff to file a Notice of Exemption.
BACKGROUND:
Noise is an aspect of any community; therefore, certain restrictions are necessary to preserve the public peace and comfort of the ci tizens of the City of Goleta from unwarranted and unreasonable noises. The City is empowered to prohibit unnecessary, excessive and annoying noises pursuant to its general police powers . (Section 7 of Article XI of the California Constitution.)
The City’s current noise ordinance is codified in Chapte r 9.09 “Noise Restrictions” of Title 9 of the Goleta Municipal Code. The majority of the City’s ordinance regulations were carried over from Santa Barbara County upon City incorporation and the City added a general section prohibiting noises that distu rb the pea ce in 2012. The curren t regulations can benefit from certain changes in order to clarify their applicability and facilitate enforcement.
It is worth noting that, both historically and presently, the City has not received and does not receive many noise complaints.
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DISCUSSION:
The City generally prohibits a person from making or permitting the making of unreasonable or excessive noise. The determination of whether a noise is unreasonable is measured by 14 factors, including:
1. Volume;
2. Intensity;
3. Repetitive nature;
4. Nature of the noise;
5. Nature of the noise in relation to the area in which it occurs;
6. Background noise;
7. Proximity to residential or overnight s leeping facilities or overnight accommodations, such as hotels and motels;
8. Proximity to offices, places of business, or other areas where work is known to be carried on, of the noise;
9. Nature and zoning of the area;
10. Time of day or night of the noise and relationship to the time of normal activities in which the area experiences;
11. Duration of the noise;
12. Whether the noise is recurrent, intermittent, or constant;
13. Whether the noise is produced by a commercial or noncommercial activity; and
14. Whether the person or b usiness responsible for the noise has been previously warned.
These 14 fa ctors allow the City to conduct a very co ntext-specific analysis on the specific noise complaint during any part of the day. Certain noises are exempt, including religious noises and outdoor gatherings and sporting events on commercial and institutional premises.
The proposed Ordinance does not change this general standard of noise prohibition or the 14 factors. The proposed O rdinance, attached as Exhibit A, makes the following changes:
(1) Cleans up ambiguous language and reorganizes sections to flow more cohesively; (2) Changes the definition of “Nighttime Hours” on weekends from 12am-7am to 10pm- 7am so that Nighttime Hours on ever y day of the week are 10pm-7am (such curfew hours were recommended by the Sheriff and allows for consistent enforcement throughout the week);
(3) Adds a list o f specifica lly prohibite d noises that City Code Complian ce has encountered in previous years; and
(4) Adds a few more types of noises to the Exempt list, including emergen cies, capital improvement projects, among others. A full list is included at the end of this staff report and in Exhibit A.
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The language cle anup involved moving some sections around to make it clear th at the City’s prohibition o n noise is based on the 14 factors and eliminating la nguage that focused too heavily on amplified music. Amplified music is now dealt with in the list of specific noises to be prohibited.
The primary change in the proposed Ordinance is the addition of a list of specifically prohibited noises, which include:
1. Amplified sound – noises made from radio, musical instrum ent, stereo, television set or device that is sufficiently loud as to be plainly audible at the property line is prohibited during Nighttime Hours.
2. Band or orchestr al rehearsals sufficiently loud as to be plainly audible at the property line is prohibited during Nighttime Hours.
3. Engines, Motors and Mechanical Tools or Devices In or Near Residential Districts – sustained, continuous, or r epeated operation or use of any moto r or engine of a n automo bile, motorcycle, or mechanical tool or device that is sufficiently loud as to be plainly audible during any time of the day.
4. Motor vehicles – Racing of the engine or a motor vehicle or creating unnecessary noise (peeling out or doing donut s) sufficiently loud as to be plainly audible during any time of the day.
5. Construction - noise allowed only during hours specifi ed in GMC section
17.39.070(G) [8am-5pm if within 1,600 feet of sensitive receptors; 7am-4pm if not within 1,600 feet of sensiti ve receptors]; exceptions include utilities and City projects.
6. Emergency signaling device – intentional sounding or permitting the sounding of any emergency signaling device associated with b urglar, fire, and motor vehicle alarms and sirens during any time of the day.
a. Car and burg lar alarms cannot sound continuously for mor e than 1 5 minutes and a car alarm cannot sound for more than 3 times a day.
As noted above, the City does not receive many noise complaints. However, these are the types of noises that have received the most complaints in the City ’s Code Compliance history , which were also the subject of public comment at the two Ordinance Committee meetings held on this proposed Ordinance.
The public comment at the February 2, 20 22 meeting focused on (1) construction and motor vehicle noises making loud sounds on public streets and (2) noise generated by commercial and industrial operations that affecte d neighboring residents. These issues involve noise associated with loading/unloading trucking noises, back up beeping noises made by safety device s on trucks, and general business operational noises that affected residences.
In relation to the fir st topic, the “Specific Noises Prohibit ed” list defines “Construction” and lists permitted hours of Construction consistent with Title 17. The Specific Noises Prohibited list also includes a proh ibition against certain motor ve hicle noises, including unnecessarily revving one’s engine, peeling out or doing donuts with one’s vehicle, and allowing one’s car alarm to activate unterminated or go off more than three times a day. 3 65266.00005\41034714.1
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Addressing the second topic of operational noises made by commercial and in dustrial businesses would involve more signifi cant planning a nd effort. City staff has spent significant time trying to come up with a bright line rule regarding n oises that can be made by specific zone district or land use. The prohibition of certain noise associated with a necessary business activity is inextricably tied to how someone uses their land as it is permitted under the law . For example, limiting the hours of when the “loading and unloading” of supplies can significantly hamper the operation of a business. The time of day in which certain noise generating activities like the unloading of materials can occur is dictated by the nature of the business. A grocery store may be fo rced to unload at dawn because that is the only time that p roduce can be delivered and it must be immediately unloaded to protect the quality of the food. Time of day restrictions such as prohibiting a noise genera ting activity at nigh t can also be difficult to enf orce. Thus, noise restrictions tied to a business activity like the unloading of materials will require a case-by-case review of each business’ operations.
There currently does not exist a reliable resource to use in a noise ordinance to regulate noises emanating from permitted land uses. The effort to produce such a table would require (1) analysis of the land use involved a nd the a mount of noise it reasonably makes and (2) acoustical expert analysis a s to how t o develop a s tandard (ie: how many decibels, what type of measuring instrument, how much expe rtise one needs to have to measure the sound, etc.).
In short, a clear b right li ne rule to designate how much sound each land use can generate would involve significant staff time and resources. The Ordinance Committee did not recommend that staff undertake the development of a l and use noise table and acoustical exp ert analys is at th is time. Until and unless the City creates a table with bright line rules on how much no ise can be generated by land use, the City’s current general noise standard and applic ation of the 14 factors w ill be used to analyze a specific noise complaint.
At th e April 26, 2023 Ordinance C ommittee meeting, the public comment raised the issue of n oise di sturbances from amplified music . The propo sed Ordinanc e’s list of Specific Noises Prohibited prohibits amplified music from being loud and plainly audible at the p roperty line during Nighttime Hours. During the day, w hen amplified music is played, whether the noise is unre asonable will involve the application of the Cit y’s general noise standard and application of the 14 factors.
Lastly, the proposed Ordinance includes a li st of noises that are exempted from the noise regulations, including:
1. Noises exempt under Title 17 (emergencies, warning devi ces, s pecial events, municipal solid w aste collection, and City capital improvement projects and maintenance and repair projects.);
2. Outdoor gatherings on commercial and ins titutional premises that are consistent with the property’s permits and licenses except during Nighttime Hours; 4 65266.00005\41034714.1
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3. Outdoor ac tivities on playgrounds and school grounds except during N ighttime Hours; and
4. Religious noises including si nging, music, bells, chimes, carillons, and similar noises for religious purposes.
ENVIRONMENTAL REVIEW:
This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Stat e CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3)(A).) Here, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance simply sets forth noise restrictions on private and public property ; it will not result in any development or in any new activity wit h the potential to impact the environment. City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.
FISCAL IMPACTS:
There are no fiscal impacts associated with the proposed ordinance.
ALTERNATIVES:
If City Council does not pass this ordinance, the current regulations will remain, which includes inconsistencies in languag e, a curfew o f 12am -7am for Friday and Saturday nights and a more limited list of noises that are exempt.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
A. A proposed ordinance entitled, “An Ordinance of the City of Goleta , California, Amending Chapter 9.0 9 of Title 9 of the Goleta Municipal C ode Regarding Restricted Noises”
5 Attachment 1
“An Ordinance of the City of Goleta, California, Amending Chapter 9.09 of Title 9 of the Goleta Municipal Code Regarding Restricted Noises and Finding that the Ordinance is Categorically Exempt from the California Environmental Quality Act”
6 Ordinance No.23- An Ordinance of the City of Goleta, California, Amending Chapter 9.09 of Title 9 of the Goleta Municipal Code Regarding Restricted Noises and Finding that the Ordinance is Categorically Exempt from the California Environmental Quality Act ORDINANCE NO. 23-__
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF GOLETA, CALIFORNIA,
AMENDING CHAPTER 9.09 OF TITLE 9 OF
THE GOLETA MUNICIPAL CODE
REGARDING RESTRICTED NOISES
WHEREAS, noise is an aspect of any community, therefore, certain restrictions are necessary to preserve the public peace and comfort of the citizens of the City of Goleta (“City”) from unwarranted and unreasonable noises; and
WHEREAS, the City is empowered to prohibit unnecessary, excessive and annoying noises pursuant to its general police powers. (Section 7 of Article XI of the California Constitution.); and
WHEREAS, the City’s current noise regulations are codified in Chapter 9.09 of Title 9 of the Goleta Municipal Code and the City Council desires to amend these regulations to make certain clarifications regarding prohibited noises; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
GOLETA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are tru e and correct and incorporated herein by this reference.
SECTION 2. Tite 9, Chapter 9.09 of the Goleta Municipal Code is hereby amended as follows :
9.09.010 Purpose.
9.09.020 Definitions.
9.09.030 Certain Noises Prohibited—General Provisions.
9.09.040 Specific Prohibited Noises.
9.09.050 Special Provisions—Exemptions.
9.09.060 Violations.
9.09.010 Purpose.
The purpose of this chapter is to preserve the public peace and comfort of the citizens of the City of Goleta from unwarranted noises, sounds and vibrations. At certain levels, noise can be detrimental to the health, safety, welfare, and qual ity of life of the citizenry. Therefore, in the public interest, it shall be restricted. In order to better implement the goa ls 7 Ordinance No.23- An Ordinance of the City of Goleta, California, Amending Chapter 9.09 of Title 9 of the Goleta Municipal Code Regarding Restricted Noises and Finding that the Ordinance is Categorically Exempt from the California Environmental Quality Act of the noise element of the C ity’s general plan and to more effectively prohibit unwanted and unnecessary sounds of all types within the community, this chapter has been amended.
9.09.020 Definitions.
For the purpose of this chapter, the following phrases and terms are defined as follows:
“Construction” shall include site preparation, demolition, grading, excavation, including but not limited to noise from hauling equipment to/from the site using public streets, and the erection, improvement, remodeling or repair of structures, including operation of equipment or machinery and the delivery of materials associated with those activities. “Nighttime Hours” shall be Sunday , Monday, Tuesday, Wednesday, Thursday, Friday, or Saturday between the hours of 10:00 p.m. and 7:00 a.m.
09.09.030 Noises Prohibited—General Standard.
A. Unless otherwise permitted in this chapter, it shall be unlawful to make, assist in making, permit, continue, create, or cause to be made, any noise, sounds or vibrations that are so loud , prolonged, and harsh as to be physically annoying to reasonable persons of ordinary sensitivity and to cause or contribute to the unreasonable discomfort of any persons within the vicinity, including but not limited to a “Nuisance Noise” as defined in GMC Section 17.39.070(B)(1).
When considering whether a noise, sound or vibration is unreasonable within the meaning of this section, the following factors shall be taken into consideration:
1. The volume of the noise, music, or related sound;
2. The intensity of the noise, music, or related sound;
3. The continuousness or repetitive nature of the noise, music, or related sound;
4. Whether the nature of the noise, music, or related sound is unusual for the area in which it occurs;
5. Whether the origin of the noise, music, or related sound is natural or unnatural to the area in which it occurs;
6. The volume and intensity of the background noise or sound, if any;
7. The proximity of the noise, music, or related sound to residential sleeping facilities or to overnight accommodations, such as hotels and motels;
8 Ordinance No.23- An Ordinance of the City of Goleta, California, Amending Chapter 9.09 of Title 9 of the Goleta Municipal Code Regarding Restricted Noises and Finding that the Ordinance is Categorically Exempt from the California Environmental Quality Act
8. The proximity to offices, places of business or other areas where work is known to be carried on, of the noise, music, or related sound;
9. The nature and zoning of the area within which the noise, music, or related sound emanates;
10. The time of day or night the noise, music, or related sound occurs and the relationship of this time to the normal activities of the area in which it occurs and in relation to the other factors listed in this subsection;
11. The duration of the noise, music, or related sound;
12. Whether the noise, music, or related sound is recurrent, intermittent, or constant;
13. Whether the noise, music, or related sound is produced by a commercial or a noncommercial activity;
14. Whether the person or business responsible for the noise, music, or related sound has been previously recently warned that complaints have been received about the noise, music, or related sound and such person or business has failed to reduce it to an appropriate level.
B. Enforcement of a violation under this chapter shall not require the use of a sound level meter.
9.09.040 Specific Noises Prohibited.
Except as allowed in GMC Section 9.09.050 (Exceptions) of this chapter, the following acts and the causing or permitting thereof, are declared and deemed to be in violation of this chapter:
A. Amplified Sound. Using, operating or permitting to be played any devices for the production or reproduction of sound in volume sufficiently loud, including, but not limited to, radio, musical instrument, stereo, television set, or device as to be plainly audible at a distance at the property line of the property from which the sound is emanating during Nighttime Hours.
B. Band or Orchestral Rehearsals. The conducting of or carrying on, or allowing the conducting or carrying on, of band or orchestral concerts or rehearsals or practices sufficiently loud as to be plainly audible at the property line of the property from which the sound is emanating during Nighttime Hours.
C. Engines, Motors and Mechanical Tools and Devices In or Near Residential District(s). The sustained, continu ous or repeated operation or use of any motor or engine or the repair, modification, reconstruction, testing or operation of any automobile, motorcycle, machine, mechanical tool or device sufficiently loud as to be plainly 9 Ordinance No.23- An Ordinance of the City of Goleta, California, Amending Chapter 9.09 of Title 9 of the Goleta Municipal Code Regarding Restricted Noises and Finding that the Ordinance is Categorically Exempt from the California Environmental Quality Act audible at the property line of t he property from which the sound is emanating.
D. Motor Vehicles. Racing the engine of any motor vehicle, needlessly bringing a motor vehicle to a sudden start or stop, or creating unnecessary noise through such activities including but not limited to peeling out or doing donuts.
E. Construction. Construction shall only be conducted pursuant to the hours specified in GMC Section 17.39.070(G)
1. Utilities exemption. As set forth in GMC Section 17.39.070(F), the provisions do not apply to capital improvement proje cts, maintenance and repair or excavation by a public utility which is subject to the jurisdiction of the Public Utilities Commission and where such work is necessary for the immediate
preservation of the public health, safety, or welfare and where such ne cessity makes it necessary to construct, repair or excavate during the prohibited hours.
2. City exemption. The provisions of this section do not apply to City capital improvement projects and maintenance and repair projects which are authorized by the City.
F. Emergency Signaling Devices . The intentional sounding, or permitting the sounding, outdoors, of any emergency signaling device including fire, burglar, civil defense alarm, siren, whistle or similar emergency signaling device. Except, however, testing of an emergency signaling device is permitted, for only the minimum cycle test time for the device. In no case shall such test time be conducted during Nighttime Hours.
1. Failure to terminate the sounding of any exterior burglar or fire alarm within fifteen (15) minutes of activation.
2. Failure to terminate the sounding of any motor vehicle alarm within fifteen (15) minutes of activation.
3. Permitting the sounding of any motor vehicle alarm more than three (3) times of any duration in any given day.
9.09.050 Special Provisions—Exemptions.
The provisions of this chapter are not intended to affect and shall not apply to:
A. Noises Exempt Under GMC Section 17.39.070(F). The emission of noise associated with the following categories of noises exempt under GMC Section 17.39.070(F): emergencies, warning devices, special events, municipal solid waste collection, and City capital improvement projects and maintenance and repair projects. 10 Ordinance No.23- An Ordinance of the City of Goleta, California, Amending Chapter 9.09 of Title 9 of the Goleta Municipal Code Regarding Restricted Noises and Finding that the Ordinance is Categorically Exempt from the California Environmental Quality Act B. Outdoor Gatherings. Outdoor gatherings, public dances, shows and sporting and entertaining events, provided such gathering, dance or event is conducted on commercial or institutional premises, pursuant to applicable rules, regulations and zoning restrictio ns, and in compliance with all permits or licenses issued by the City relative to the staging of the gathering, dance or event except during Nighttime Hours.
C. Outdoor Activities . Permitted activities conducted on private and public playgrounds, private and public parks and recreation facilities, fully licensed and approved child day care facilities within residential areas as permitted by law, and private and public school grounds, including but not limited to school athletic and school entertainment events except during Nighttime Hours.
D. Religious Noises. Singing, music, bells, chimes, carillons, and similar noises made for religious purposes, or in conjunction with religious services, or for celebrations of public holidays.
9.09.060 Violations.
A violation of this chapter is subject to the administrative penalty provisions of Chapter 1.02 of this Code.
SECTION 3. Certification of City Clerk.
The City Clerk shall certify to the adoption of this ordinance and, within 15 days after its adoption, shall cause it to be published in accord with California Law.
SECTION 5. Effective Date.
This ordinance shall take effect on the 31st day following adoption by the City Council.
INTRODUCED ON the ___ day of ________, 2023.
PASSED, APPROVED, AND ADOPTED this ________day of ______ 2023.
_________________________
PAULA PEROTTE
11 Ordinance No.23- An Ordinance of the City of Goleta, California, Amending Chapter 9.09 of Title 9 of the Goleta Municipal Code Regarding Restricted Noises and Finding that the Ordinance is Categorically Exempt from the California Environmental Quality Act MAYOR
ATTEST: APPROVED AS TO FORM:
__________________________ _________________________
DEBORAH S. LOPEZ MEGAN GARIBALDI
CITY CLERK CITY ATTORNEY
12 Ordinance No.23- An Ordinance of the City of Goleta, California, Amending Chapter 9.09 of Title 9 of the Goleta Municipal Code Regarding Restricted Noises and Finding that the Ordinance is Categorically Exempt from the California Environmental Quality Act
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ , City Clerk of the City of Goleta, California, do hereby certify that the foregoing Ordinance No. 23-__ was introduced on _______, and adopted at a regular meeting of the City Council of the City of Goleta, California, held on the _______, by the following roll-call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
(SEAL)
_________________________
DEBORAH S. LOPEZ
CITY CLERK
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