CITY OF LOYALTON
COUNTY m· SIERRA
605 SCHOOL STREET
P.O. BOX 128
LOYALTON, CALIFORNIA 96118
(530) 993-6750
cityofloyalton.org
OFFICE OF THE MAYOR
AGENDA FOR THE SPECIAL MEETING OF THE
LOYALTON CITY COUNCIL
5:00 PM - CITY HALL AUDITORIUM
605 SCHOOL STREET
APRIL 25™ , 2023
LOYALTON, CA.
AGENDA AND PACKET AVAILABLE ON CITY WEB SITE
cityofloyalton.org
NEXT ORDINANCE #425
NEXT RESOLUTION #2-2023
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
APPROVAL OF AGENDA:
ANNOUNCEMENTS:
STAFF REPORTS:
PUBLIC COMMENT:
This is an opportunity for members of the public to address the Council on items which are not on the agenda. Please state your name for the record. Comments are limited to three minutes. Written comments should be submitted to the Board Clerk 24 hours prior to the meeting to allow for distribution. Under Government Code Section 54954.2 - Brown Act, the Council cannot take action on any item not on the agenda. The City Mayor may choose to acknowledge the comment or, where appropriate, briefly answer a question, refer the matter to staff, or set the item for discussion at a future meeting.
A SPECIAL MEETING IS BEING HELD TO CONDUCT THE FOLLOWING BUSINESS:
PUBLIC HEARING:
Subject: Conditional Use Permit CUP 2023-01 and Variance V 2023-01 for installation and operation of a wireless communication facility located on a 0.61- acre lot, at the northwest corner of Lewis and Front Street (also known as Railroad Avenue), in the R-1, Residential Single Family Zoning District, Loyalton, CA Assessor's Parcel No. 017-111-022 which Verizon Wireless would like to lease from the City.
DISCUSSION AND POSSIBLE ACTION:
1. Conduct Public Hearing and consider public comments.
2. Determine the project is exempt from the California Environmental Quality Act.
3. Approve Conditional Use Permit CUP 2023-01 and Variance V 2023-01 based on findings and subject to Conditions.
Agenda Input of Upcoming Meetings
Council Member Closing Remarks
ADJOURNMENT
CITY OF LOYALTON
CITY COUNCIL STAFF REPORT
MEETING OF: April 25, 2023
Subject: Verizon Wireless Conditional Use Permit CUP
2023-01 and Variance V 2023-01 for installation
and operation of a wireless communication -=====================::::::.i facility at the northwest corner of Lewis and
Front Street (also known as Railroad Avenue).
From: Gary Price, Contract Planner
Recommended Action: I. Conduct Public Hearing and consider public comments.
2. Determine the project is exempt from the California
Environmental Quality Act.
3. Approve Conditional Use Permit CUP 2023-01 and Variance V 2023-01 based on findings and subject to conditions.
I. BACKGROUND
Epic Wireless on behalfof Verizon Wireless, has applied for City approval for installation and operation of a wireless communication facility. The project consists of installation and operation of a 100-foot-tall monopole ( cell tower) and other related improvements on a residential parcel owned by the City located at the northwest corner of Lewis Street and Front/Railroad Avenue.
The Conditional Use Permit would allow for construction and operation ofthe wireless facility located within a residential zoning district. The Variance would allow for a monopole structure (wireless communication facility structure) height of I 00 feet whereas the Zoning Code restricts height to a maximum of 30 feet in this residential zoned area. The City Council is being asked to approve both land use entitlements to allow Verizon to move forward with obtaining a building permit and then construct the project.
II. PROJECT DETAILS
Environmental Selling: The 0.61-acre project site is situated along the north side to Lewis Street between First Street to the west and Front Street/Railroad Avenue to the east on property owned by the City, and contains a variety of buildings and open space with the Senior Center building taking up the northwest side and a barn-storage structure located at the northeast comer of the site. The site is relatively flat, but drains to the south towards Smith neck Creek (see Attachment B, Aerial Photo of Site, and Attachment C, Site Photos). The vacant portion of the site, at the northeast corner ofthe site, is vacant and is fenced with a five-foot-tall chain link fence and is being used for City vehicle and equipment storage and, with the barn, is used as a public works yard. The proposed monopole would be located at the east side of the site approximately between the barn and Lewis Street, facing Front/Railroad A venue (see Attachments E, Project Plans/Specifications. The project site is surrounded by a variety of things, including the railroad tracks to the east, a fire station to the south, and homes to the west and north.
Project Details: The proposed project consists ofthe installation of a new wireless communication facility within a 30' x 30'square fenced lease area also surrounded by a larger fenced area, on City property, including a 100-foot-tall monopole tower, several panel antennas, microwave dishes, and radios installed, and several equipment cabinets and a backup generator all within a fenced-in area at the base of the tower (see Attachment E, Project Plans and Specifications). The backup generator would be housed in a noise attenuation cabinet and only used during power outages and periodic testing (see Attachment G). Lighting for the facility controlled by a manual off and on switch would consist of LED lights that will only be used at dark or during maintenance. (see Attachment H). The project area would undergo some minor grading and would cover about 900 square feet. Access to the site would be through a chain-link security gate. Once constructed, Verizon would conduct periodic maintenance and backup generator testing.
III. ANALYSIS
A. General Plan Consistency:
The General Plan is the City's plan for future community development in the City providing formal policies and programs the City has adopted for future land uses. In accordance with State Planning Law, the City Council will need to determine that this project is consistent with the General Plan.
The project site is designated for Low Density Residential (LOR) land uses in the General Plan.
Attachment I include the General Plan Land Use Map and excerpts from the General Plan. Since the project site is planned for residential use, the City Council will need to consider it the project is compatible with the residential nature of this residential neighborhood. In reviewing land use patterns in this neighborhood, even though the site and surrounding area are designated for residential land uses, most ofthe uses on the site and surrounding the site are not residential. To the west is the Senior Center, to the south is the Fire Department Station, and to the east is the rai I road track area. There are residential uses to the north, but much of these uses are not directly visible to the project site due to the existing barn building.
Findings have been included regarding General Plan consistency in the staff recommended action to approve the project.
B. Regulatory Requirements:
Conditional Use Permit: At the December 22, 2022, meeting, the City Council interpreted that wireless towers are subject to approval of a Conditional Use Permit in all zoning districts within the City in accordance with Section 12.08.22, Subsection 1-10-8 of the Zoning Code.
Conditional Use Permits are issued at the discretion of the City Council if they are able to find the proposed land use, in this case a cell tower facility, is compatible with the neighborhood:
Section 12.08.19-1 of the Zoning Code:
"A request for a "conditional use permit" may be granted, granted subject to conditions or denied by the City Council for any use for which a conditional use permit is permitted or required by these regulations, or for any use which, while not specifically enumerated in these regulations, is, in the opinion ofthe City Council, similar to and compatible with the conditional uses permitted in the zone district in which the subject property is situated. "
2 The project is located in the R-1, Single Family Zoning District. This site is also surrounded by residentially zoned property (see Attachment A-Vicinity/ Zoning Map). The R-1 zone is intended for development and uses of lower density residential single-family homes which are consistent with the General Plan. Certain findings need to be made by the City Council to approve a Conditional Use Permit and for this cell tower facility as follows:
Section 12.08.19-4-B of the Zoning Code:
"Approval ofan applicationfor a conditional use permit shall be based upon a written finding that the establishment, maintenance or operation ofthe use ofbuilding applied for will not, under the circumstances ofthe particular case, be materially detrimental to the health, safety, peace, morals, comfort and general welfare ofpersons residing or working in the neighborhood ofsuch proposed use or be materially detrimental to property or improvements in the neighborhood or to the general welfare ofthe City. " As noted in the General Plan Consistency section of this report, if the City Council can find that the project is consistent with the General Plan, then they should also be able to make these required findings from the Zoning Code (findings have been included in the staff recommended action to approve the project).
Variance: Being located in the R-1 Zoning District, structure heights are restricted to a maximum of 30 feet ( 12.08.05-5-D of the Zoning Code). Also, Section 12.08.1-11-8 of the Zoning Code, "no building or part thereof or structure shall be erected, reconstructed or structurally altered to exceed in height the limit designated in this Part for the zone district in which such building is located except as provided in this Part." Therefore, since this monopole s~meture exceeds 30 feet in height, a variance is required. In accordance with Section 12.08.20- 4, variances may be granted to prevent unnecessary hardships that could result from strict or literal interpretation ofthe Code as follows:
"Variances may be granted in order lo prevent unnecessary hardships that would result from a strict or literal interpretation and enforcement ofcertain regulations prescribed by this Part. A practical difficulty or unnecessa,y hardship may result from the size, shape or dimensions ofa site or the location ofexisting structures thereon, from geographic, topographic or other physical conditions on the site or in the immediate vicinity."
To approve a variance the City will need to make the following findings (Section 12.08.20-4:
A. Due to special circumstances applicable to the property, including size, shape, topography, location or surroundings, the slrict application ofthe zoning ordinance deprives such property ofprivileges enjoyed by other property in the vicinity and under identical zoning classification.
B. The adjustment authorized by the variance shall not constitute a grant ofspecial privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which such property is situated. The City Council shall impose such conditions as will assure continued compliance with this.finding.
C. The variance does not authorize a use or activity, which is not otherwise expressly authorized by the zone district regulation governing the parcel ofreal property.
Verizon's proposed wireless communication facility requires a minimum height of 100' and the 3 current R-1 zoning~ allows for 30'. Since wireless communications cannot be provided at 30 feet in height, there appears to be justification for making these findings.
Timing ofLand Use Entitlements: Section 12.08.19-6-A of the Code provides for a one-year approval to complete construction of the wireless facility:
"Construction ofthe conditional use shall be commenced within 1 year from the date the approved conditional use permit is approved by the City Council or the conditional use permit shall expire and become void, unless a written request for extension is received by the City Clerk or designee at least 30 days prior to such expiration or abandonment.
Upon receipt ofwritten request for extension with application andfee set by City Council, the City Clerk or designee shall set the matterfor public hearing before the City Councilfor determination.''
Verizon has indicated interest in completing construction ofthe project sometime in 2024.
C. Environmental Considerations: The project appears to qualify as exempt from the California Environmental Quality Act (CEQA) in accordance with Section J5303 of the CEQA Guidelines, as new construction of a small structure. This Class II exemption consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures that include, but are not limited to the following:
" ... ... (c) A store, motel, office, restaurant or similar structure not involving the use of significant amounts ofhazardous substances, and not exceeding 2500 square feet in floor area.....
rd) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, ofreasonable length to serve such construction. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, andfences ..... "
The more significant potential impact from this project may be aesthetic impacts, whereas the monopole could impact a view corridor in the City. However, during the December meeting, the City Council did not find that such a structure would result in an adverse aesthetic impact to the environment. As noted in the Development Review/Neighborhood Appearance section of this report, the project's visual simulations demonstrate minimal aesthetic impacts (see Exhibits D and E).
As required by CEQA, the City Council will need to concur with issuing a Notice of Exemption as part of the project approval.
D. Development Review/Neighborhood Compatibility/Appearance: In accordance with Section
12.08.17-4 of the Zoning Code, the project is subject to development review approval to consider project consistency with the General Plan and compliance with the Zoning Code. As previously noted in this report, the project appears to meet this criterion. During the December meeting, the City Council considered the options of using a fake tree (mono-pine) design versus a monopole.
The consensus of the Council was to use a monopole. The Council noted that they would like to consider the color of this monopole later, so the application details show a brown versus white monopole in visual/photo simulations. The Conditions of approval for this project have been designed to allow the Council to make this determination. 4 E. Other Considerations:
Backup Generator: The project includes a backup generator to be located in a sound attenuation enclosure. The enclosure would result in an exterior noise of 60 decibels (see Exhibit G). The generator would experience very limited operation; during power outages and periodic testing, so it is not expected to create a significant noise impact on the neighborhood. As referenced in Exhibit J, there are several noise policies/standards from the General Plan Noise Element. As referenced in Exhibit K, City Noise Regulations, the maximum ambient noise level for this zoning district is 40 and 60 decibels depending on neighborhood characteristics and time of day.
Section 6.44.020, Special Noise Sources, Section F-Machinery, Equipment, Fans, and Air Condition allows for these components to exceed the ambient noise levels by five decibels.
Given that there is a fire station across the street and the limited operation of this machine, it complies with the City's noise regulations.
Exhibit G also includes air quality certification that should be used to obtain air quality approval from the Northern Air Quality Management District.
Since the generator will store over 55 gallons of diesel fuel for operation a hazardous materials permit will need to be obtained from Sierra County Environmental Health Department. This storage and use are periodically inspected by the Fire Marshall.
Frequency Emissions: Radiofrequency (RF) electromagnetic radiation (EMR) is the transfer of energy by radio waves. RF EMR is produced by both natural and artificial sources. Natural sources like the sun, the earth and the ionosphere all emit low level RF fields. Artificial sources of RF EMR are mainly used for telecommunications purposes. EMR from cellphone towers is largely comprised of high-frequency radio waves or microwaves. The adverse biological effects of EMR from cellphone towers have been observed in animals and humans. Being located in the middle of Loyalton and near many residences and those working in the vicinity, the Council may be concerned with the health risk of the proposed wireless facility.
According to an EMF report submitted by Verizon, the proposed wireless facility will not result in a hazardous or safety impact (see Exhibit H). The report indicates that "the proposed operation will not expose members of the General Public to hazardous levels of RF energy at ground level or in adjacent buildings. As predicted RF power densities will not exceed the FCC General Population limits, no mitigation action other than restricting access to the tower is required to achieve or maintain compliance."
The Compliance Statement ofthis report states:
"Based on ieformation provided by Verizon Wireless and predictive modeling, the LOYALTON installation proposed by Verizon Wireless will be compliant with Radiofrequency Radiation Exposure Limits of47 C.F.R. §§ l.1307(b)(3) and 1.1310. The proposed operation will not expose members ofthe General Public to hazardous levels of RF energy at ground level or in adjacent buildings. As predicted RFpower densities will not exceed the FCC General Population limits, no mitigation action other than restricting access to the tower is required to achieve or maintain compliance. " Fencing: The project plans show the use of the existing perimeter chain link fencing in the yard and the 30' X 30" lease area, where the monopole and equipment is to be located would be surrounding by a six-foot-tall chain link fence with gate access. Being located across the street from the Fire Station and some other attractive development, the Council may be concerned with 5 the appearance of the City's storage yard in that debris, equipment, and materials are exposed to public view. Chapter 6.60 of the Municipal Code defines a nuisance within a residential neighborhood as an "accumulation ofdirt, litter or debris including, but not limited to boxes, bins, containers, junk, trash, salvage, material, broken or discarded furniture, household equipment and furnishings, shopping carts or any other similar materials." In this case, the storage yard may not contain litter or debris, but some it may be considered to some as an eyesore. The introduction of the new equipment and the monopole should not negatively impact the appearance of the site. However, with this project, the City may have an opportunity to work with the applicant to shore up the perimeter fencing around the storage yard, and possibly install slats into it to help screen this yard from open public view. On the other hand, staff is unaware of anyone complaining about the appearance of this yard so this may be a mute issue.
Lease Agreement: Since the project is located on City owned property, the City Attorney is working on a lease agreement with Verizon, which will ultimately require City Council approval.
Approval of the Conditional Use Permit will not result in approval of a lease. Due, primarily to the large backlog of leases Verizon has, the lease agreement will take some additional time to complete. A condition of approval includes requiring approval of a lease agreement before the building permit has been issued for the project. A lease will be brought to the City Council for consideration and approval at a future meeting.
Abandonment: lf the wireless communication facility is ever abandoned or otherwise becomes non-operational, all structures and related equipment and improvements should be removed at the expense of the applicant. This requirement will be made a provision of the lease agreement.
F. Public Comments:
From Public Agencies: Letters were circulated to various public agencies with the project plans on March 16, 2023, requesting comments by March 28, 2023. Other than a letter from the Sierra County Agricultural Commissioner that they have no comments, no written comments have been received (as of the date this report was prepared). Staff did reach out to Lee Brown, Sierra County Office of Emergency Services, to see if they might be interested in any measures to improve emergency services in the County and Loyalton. We are waiting to hear back on this.
From Owners ofProperty: A public hearing notice was sent to all property owners within a 300- foot radius of the project site to engage the public in this project. Staff will assemble these comments and provide any written comments to the City Council.
From the Public at Large: A public hearing notice was published in the newspaper at least ten days from this meeting to engage the public. Staff will assemble these comments and provide any written comments to the City Council.
V. LEGAL REVIEW: The City Attorney has reviewed this report and approves its publication.
VI. ACTION:
Alternative Actions: The City Council should open the public hearing, accept public comment and close the public hearing, consider the applicant's, staff and public comments and then either approve (based on findings and subject to conditions) or continue with direction to the applicant to provide additional information regarding the project. Staff recommends that the City Council concur that the project is exempt from environmental review in accordance with Section 15303 of the California Environmental Quality Act (CEQA) Guidelines as new construction of a small structure and approve the project based on findings and subject to conditions of approval as 6 noted below:
Conditional Use Permit CUP 2023-01
Variance V 2023-01
Findings ofApproval:
1. On March 14, 2023, Dena Manas, Epic Wireless, filed applications, on behalf of Verizon Wireless, for Conditional Use Permit CUP 2023-01 and Variance V 2023-01 (project), to construct and operate a wireless communication facility a 100' tall monopole cell tower, backup power generator and other related equipment including but not limited to lighting, antennas, radios and microwave dishes in a 30' X 30' lease area located on a 0.61-acre lot, at the northwest corner of Lewis and Front Street (also known as Railroad Avenue), in the R-1, Residential Single Family Zoning District, Loyalton, CA Assessor's Parcel No.017-111-022, Loyalton, CA.
2. Conditional Use Permit Application CUP 2023-013 was submitted in accordance with Section 12.08.22, Subsection 1-10-8, of the Zoning Code, based on an interpretation made by the City Council on December 20, 2022, that a wireless communication facility is subject to a conditional use permit in all zoning districts.
3. Variance Application V 2023-0 l was submitted in accordance with Section 12.08.20 of the Zoning Code to allow the wireless communication facility monopole structure to exceed the maximum height of 30 feet (Section 12.08.05-5-D of the Zoning Code), being located in the R-l Zoning District to I 00 feet.
4. This project review includes an application for Development Review for the wireless communication facility, as described in more detail in the project application and staff report, in accordance with Section 12.08.17-4 of the Zoning Code to consider project consistency with the General Plan and compliance with the Zoning Code.
5. The applicant, Verizon Wireless, shall defend, indemnify and hold harmless the City, its agents, officers and employees, from any claim, action or proceeding brought against the City or its agents, officers, or employees, to attack, set aside, void, or annul the City's approval ofthis project or use and operation of the wireless communications facilities.
6. The project is exempt from environmental review in accordance with Section 15303 of the California Environmental Quality Act (CEQA) Guidelines since the project is considered a construction of a new small structure.
7. The project site is designated for Low Density Residential (LDR) land uses in the General Plan and the project, as conditioned by this approval, is consistent with the General Plan.
8. In accordance with Section 12.08.19-4-8 of the Zoning Code, the City Council finds that under Conditional Use Permit CUP 2023-01 establishment, maintenance or operation of a wireless communication facility under the circumstances of the particular case, will not 7 be materially detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be materially detrimental to property or improvements in the neighborhood or to the general welfare of the City.
9. In accordance with Section 12.08.20-4, of the Zoning Code, the City Council finds that under Variance V 2023-01 for allowing a IO0-foot-tall structure (wireless communication facility) whereas the Zoning Code restricts maximum height to 30 feet in this R-1, Zoning District is granted finding that a wireless communications facility is not functional for providing cellular public communication with 30-foot-tall monopole and therefore further finds that:
A. Due to this special circumstance applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
8. The adjustment authorized by the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which such property is situated. The City Council shall impose such conditions as will assure continued compliance with this finding.
C. The variance does not authorize a use or activity, which is not otherwise expressly authorized by the zone district regulation governing the parcel of real property.
10. "Construction of the wireless communication facility shall be commenced within one year from the date the Conditional Use Permit is approved by the City Council or the Conditional Use Permit shall expire and become void, unless a written request for extension is received by the City Clerk or designee at least 30 days prior to such expiration or abandonment. Upon receipt of written request for extension with application and fee set by City Council, the City Clerk or designee shall set the matter for public hearing before the City Council for determination."
11. The applicant, Verizon Wireless, and the City of Loyalton, owner of the project site, are negotiating an agreement to lease a portion ofthe project site for the construction and operation of this wireless communication facility, and until such agreement is approved and fully executed, the Conditional Use Permit CUP 2023 and Variance V 2023-01 will not be operative; however, the applicant, Verizon Wireless, will still be required to complete construction of the wireless communication facility within one year from the date that the Conditional Use Permit is approved by the City Council or the Conditional Use Permit shall expire and become void, unless a written request for extension is received by the City Clerk or designee at least 30 days prior to such expiration or abandonment.
12. A noticed of public hearing was prepared, circulated and published for the April 25, 2023 City Council Meeting in accordance with the Zoning Code. 8 Conditional Use Permit CUP 2023-01
Variance V 2023-01
Conditions ofApproval:
1. This project for Conditional Use Permit CUP 2023-0 I, Variance V2023-01, and associate Development Review, consists of construction and operation of a wireless communication facility including a 100' tall monopole, backup power generator and other related equipment, as described in more detail in the staff report and files fof this project as maintained by the City of Loyalton, with the project being located at the northwest corner of Lewis and Front Street (also known as Railroad Avenue), in the R-1, Residential Single Family Zoning District, Loyalton, CA Assessor's Parcel No.017-111-022, Loyalton, CA.
2. The applicant, Verizon Wireless, shall defend, indemnify and hold harmless the City, its agents, officers and employees, from any claim, action or proceeding brought against the City or its agents, officers, or employees, to attack, set aside, void, or annul the City's approval of this project or use and operation of the wireless communications facilities.
3. In accordance with the California Environmental Quality Act (CEQA), the City shall file a Notice of Exemption for the project with the Sierra County Clerk's Office and the California Office of Planning and Research.
4. Conditional Use Permit CUP 2023-01 will expire unless used within one year ofthis approval date ofApril 25, 2023, unless otherwise extended in accordance with Section
12.08.19-6 of the Zoning Code. Issuance of a building permit and moving forward with project construction and operation ofthe wireless communication facility constitutes use under this use permit.
5. The maximum height of the tower facility shall be one hundred (100') feet above the ground level; not including any antennas/components that may be required for public safety purposes.
6. Prior to construction, all permits shall be obtained, including, but not limited to (subject to verification by the City Planning Department, the following:
a. Building Permit from the City.
b. Hazardous Material Permit from Sierra County Environmental Health Department. c. Air quality permit for the backup generator from the Northern Air Quality Management District. The backup generator is approved for use with this permit. d. Antennae structure clearances from the Federal Communication Commission, the Federal Aviation Administration, Caltrans, if required.
e. Dust mitigation plan for addressing construction.
7. Prior to building permit issuance for the project by the City the following shall be submitted to and approved by the City Planning Department:
a. Exterior lighting plan that complies with the Zoning Code. b. Written verification ofsound attenuation enclosure for the backup generator and confirmation that use of the generator wi II comply with the City's noise regulations. 9 c. Written confirmation by the applicant, Verizon Wireless, that the monopole and components will be painted with non-reflective paint Brown, White or other color as selected by the City Council.
d. An approved and fully executed lease agreement between the applicant, Verizon Wireless, and the City for construction and operation of the wireless communication facility on the project site.
8. If archaeological or paleontological resources are encountered during construction, all construction activity in the immediate area of the find(s) shall cease in accordance with State and Federal law until a qualified professional is retained to determine the significance of the resources and recommend mitigations to be completed by the permit holder, if necessary, subject to the approval of the City Planning Department.
9. Should human remains be discovered during project construction, all work in the vicinity of the discovery shall be halted in accordance with State and Federal law until the coroner, the Native American Heritage Commission, and any involved ancestors can evaluate the remains and propose mitigation measures, if necessary, that shall be implemented prior to resumption of work in the area. The proposed mitigation measures shall be submitted to the City Planning Department for review and approval prior to implementation.
10. All construction activities including engine warm-up shall be limited to weekdays and Saturday, between the hours of 7:00am and 7:00pm to minimize noise impacts on nearby residents.
11 . The project shall be designed so it can accommodate equipment for public safety communication, such as for police and/or fire dispatch services (safety agencies). In the event that safety agencies determine that it/they would like to put equipment on the wireless communications facilities, the applicant/owner shall make reasonable efforts to be able to accommodate these improvements. Before the safety agencies are permitted to place any equipment on the ground or on the tower; (1) a collocation application and structural analysis must be completed by the safety agencies; (2) the safety agency must provide proof that the proposed equipment will not result in interference to the permit holder's equipment; and (3) a sublease agreement must be put in place with the applicant/owner in accordance with the lease between the applicant and the City.
12. No lighting for the monopole is authorized by this use permit, unless required by FAA, or other state or federal agency. !flighting is required the FAA or other state or federal agency, the proposed lighting measures shall be submitted to the City Planning Department for review and approval prior to installation.
13. The City Council may revoke or modify the permit in the future if the Council finds that the use to which the permit allows is detrimental to health, safety, comfort, general welfare of the public; constitutes a public nuisance; if the permit was obtained or is being used by fraud; and/or if one or more the conditions upon which a permit was granted are not being complied with or have been violated.
14. The wireless communication facility, antennae and related equipment may be inspected by the City (including from a structural engineer licensed by the State of California) to assess structure integrity and to recommend repairs as may be necessary to assure the public's health and safety. Improvements as recommended in the inspection shall be made by the applicant (permit holder) within 30 days of notification by the City. Costs associated with inspections and reporting shall be borne by the permit holder.
15. All conditions of Conditional Use Permit CUP 2023-01 and Variance V 2023-0lare necessary to protect the general health, safety, and welfare of the public. If any condition of this entitlement is held to be invalid by a court, then the whole entitlement shall be invalid.
The City Council specifically declares that it would not have approved this entitlement unless all of the conditions herein are held as valid.
VI. ATTACHMENTS:
Exhibit A-Vicinity/Zoning Map
Exhibit 8-Aerial Photo of Site
Exhibit C-Site Photos
Exhibit D-Photo Simulations Brown
Exhibit E-Photo Simulations White
Exhibit F-Project Plans/Specifications
Exhibit G-Backup Generator Details
Exhibit H-Frequency Emissions Compliance Report
Exhibit I-General Plan Excerpts
Exhibit J-City Noise Regulations
1 I
EXHIBIT A
Vicinity/Zoning Map
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R-1
High School
Project Area Enlargement
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HolpCII
I • a
ll - II
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Project Site Detail
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- (0-S) Open Space Legend c::J City Boundary A
Z - (P~) Public FaclUtles D •ir Combining District 0
N - C-1 Commercial - - Parcels
I - M•1 Light Industrial Historic Combining Olslrid H
N M-2 Heavy lnclustrial ~_z:-~ 100 Year FEMA Flood Zones G R-1 Residential Single Famly ,_.,_ l I Ml »I _,_
R-2 Resklentlal Multiple Family
City of Loyalton
Verizon Project
Pldc:Faeilllla
12 Exhibit H
Radio Frequency Emissions Report
WATERFORD
Radio Frequency Emissions Compliance Report For Verizon Wireless Site Name: LOYALTON Site Structure Type: Monopole
Address: 307 1stStreet Latitude: 39.876067
Loyalton, CA 96118 Longitude: -120.240811
Report Date: March 24, 2023 Project: New Build
Compliance Statement
Based on fnfonnation provided by Verizon Wireless and predictive modeling, the LOYALTON installation proposed by Verizon Wireless will be compliant with Radlofrequency Radiation Exposure Limits of 4 7 C.F .R. §§ 1.1307(b)(3) and 1.1310. The proposed operation will not expose members of the General Public to hazardous levels of RF energy at ground level or in adjacent buildings. As predicted RF power densities will not exceed the FCC General Population limits, no mitigation action other than restricting access to the tower is required to achieve or maintein compliance.
Certification
I, David H. Kiser, am the reviewer and approver of this report and am fully aware ofand familiar with the Rules and Regulations of both the Federal Communications
Commissions (FCC) and the Occupational Safety and
Health Administration (OSHA) with regard to Human
Exposure to Radio Frequency Radiation, specifically in
accordance with FCC's OET Bulletin 65. I have
reviewed this Radio Frequency Exposure Assessment
report and believe ii to be both true and accurate to the best of my knowledge.
General Summary
The compliance framework Is derived from the Federal Communications Commission (FCC) Rules and Regulations for preventing human exposure in excess of the applicable Maximum Permissible Exposure ("MPE") limits. At any location at this site, the power density resulting from each transmitter may be expressed as a percentage ofthe frequency-specific limits and added to detennine If 100% of the exposure limit has been exceeded. The FCC Rules define two tiers of permissible exposure differentiated by the situation In which the exposure takes place and/or the status of the Individuals who are subject to exposure. General Population/ Uncontrolled exposure limits apply to those situations In which persons may not be aware of the presence of electromagnetic energy, where exposure Is not employment-related, or where persons cannot exercise control over their exposure. Occupational/ Controlled exposure limits apply to situations in which persons are exposed as a consequence of their employment, have been made fully aware of the potential for exposure, and can exercise control over their exposure. Based on the criteria for these classifications, the FCC General Population llmlt is considered to be a level that is safe for continuous exposure time. The FCC General Population limit Is 5 times more restrictive than the Occupational limits.
In situations where the predicted MPE exceeds the General Population threshold ln an accessible area as a result of emissions from multiple transmitters, FCC licensees that contribute greater than 5% of the aggregate MPE share responsibility for mitigation.
David H. Kiser, P.E.
RegisteredProfessionalEngineer(Electrical)
State ofCalifornia, 21542, Expires6/30/2024
Date:2023-March-28
43 LOYALTON - New Build 03.24.2023
Table 1:· FCC Limits
Limitsfor- Population/ UncontrolledExposure Limitsfor Occupational/ControlledExposure Frequancy Power Dencity AveragingTime Power Density Averaging Time (MHz) (mW/cm2) (minutes) (mW/cm2) (minutes) 30-300 0.2 30 1 6 300- 1500 1/1,500 30 1/300 6
1500-100.000 1.0 30 50 6
f=Frequency (MHz)
Based on the computational guidelines set forth in FCC OET Bulletin 65, Waterford Consultants, LLC has developed software to predict the overall Maximum Permissible Exposure possible at any location given the spatial orientation and operating parameters of multiple RF sourees. The power density In the Far Field of an RF source Is specified by OET-65 Equation 5 as follows:
where EIRP Is the Effective Radiated Power relative to an isotropic antenna and R is the distance between the antenna and point of study. Additionally, consideration Is given to the manufacturers' horizontal and vertical antenna patterns as well as radiation reflection. At any location, the predicted power density in the Far Field is the spatial average of points within a Oto 6-foot vertical profile that a person would occupy. Near field power density is based on OET -65 Equation 20 stated as P inIs the power input to the antenna, 0bw is the horizontal pattern beamwldth and h Is the aperture length.
Some antennas employ beamformlng technology where RF energy allocated to each customer device Is dynamically directed toward their location. In the analysis presented herein, predicted exposure levels are based on all beams at fuH utilization (i.e. full power) simultaneously focused in any direction. As this condition is unlikely to occur, the actual power density levels at ground and at adjacent structures are expected to be less that the levels reported below. These theoretical results represent maximum-case predictions as all RF emitters are assumed to be operating at 100% duty cycle.
P&Qe2 7430New Technology Way, Suite 150 Frederick Maryland21703 (703) 598-1022 Phone www.waterlordconsultants.com 44 where
LOYALTON - New Build 03.24.2023
Analysis
Verizon Wireless proposes the following installation at this location:
• (N) MONOPOLE
• (6) (N) AND (3) (F) ANTENNAS
• (2)(N) MW DISHES
• (6) (N) RADIOS AND ANTENNAS
The antennas will be mounted on a 100-foot Monopole with centerlines at 96 & 98.7 feet above ground level.
Proposed antenna operating parameters are listed in Appendix A. Other appurtenances such as GPS antennas, RRUs and hybrid cable below the antennas are not sources of RF emissions. Microwave and omnidirectional antennas have been installed at this site by other wireless operators. Operating parameters for these antennas considered in this analysis are also listed In Appendix A.
Figure 1: Antenna Locations
46 LOYALTON· New Build 03.24 2023
Power density decreases significantly with distance from any antenna. The panel-type antennas to be employed at this site are highly directional by design and the orientation In azimuth and mounting elevation, as documented, serves to reduce the potential to exceed MPE limits at any location other than directly in front of the antennas. For accessible areas at ground level, the maximum predicted power density level resulting from all Verizon Wireless operations is 13.25% of the FCC General Population limits. Based on the operating parameters in Appendix A, the cumulative power density level at this location from all antennas is 13.288% of the FCC General Population limits. Incident at adjacent buildings depicted In Figure 1, the maximum predicted power density level resulting from all Verizon Wireless operations is 18.26% of the FCC General Population limits. Based on the operating parameters in Appendix A, the cumulative power density level at this location from all antennas is 18.275% of the FCC General Population limits. The proposed operation will not expose members of the General Public to hazardous levels of RF energy at ground level or in adjacent buildings. As predicted RF power densities will not exceed the FCC General Population limits, no mitigation action other than restricting access to the tower is required to achieve or maintain compliance.
47 EXHIBIT I
General Plan Excerpts
In considering this project, the City Council should consider certain provisions of the General Plan. In accordance with State Planning Law, the project must be found to be consistent with the General Plan.
Land Use Element:
The project site is located in Low Density Residential (LOR) Land Use District as referenced in the General Plan Land Use Map (see attached). The following are related policies from the General Plan Land Use Element that seem pertinent to this project:
RP-1 Single-family residential areas must be protected from decline by maintaining streets, infrastructure and services.
RP-2 Encourage new development to be generally consistent with the historic scale, appearance, and "small town" character ofLoyalton.
RP-3 Protect existing residential areas from intrusion of incompatible land uses and disruptive traffic to the extent reasonably possible.
RP-4 Promote, in areas where different land uses abut one another, land use compatibility by using buffering techniques such as landscaping, setbacks, and screening.
GP-9 The City should strive to protect and promote the character and value of existing neighborhoods and historical structures.
GP-IO Discourage development that results in land use incompatibility.
Circulation Element:
UP-2. Encourage state-of-the-art electronic communication connections for all new development.
UI-1. Coordinate development planning with utility providers.
UI-3. Allow co-location ofwireless communication facilities where sites are available.
Open Space and Conservation Element:
SRP-1. Encourage preservation and enhancement of views ofthe Sierra Nevada to the extent possible.
SRl-2. Review development applications for discretionary actions to determine aesthetic impacts 49 and visual compatibility with surrounding property.
SRI-3 Encourage protection and preservation ofthe nighttime environment by adhering to the standards set forth by the International Dark-Sky Association (IDA).
Noise Element:
In relation to the proposed backup generator:
NP-I. Ensure retention of acceptable sound levels in all residential neighborhoods.
NP-2. A void placing high noise-generating land uses adjacent to residential development, schools, or similar noise-sensitive land uses.
NP-3. A void placing noise-sensitive land uses near high noise-generating land uses.
NP-4. Consider and mitigate noise impacts in the development permitting process.
NP-5. Minimize noise levels throughout the City as much as practical.
Nl-6. Require appropriate noise barriers or design features for projects, which significantly decrease noise levels.
Nl-7. Require appropriate noise barriers or attenuation measures to protect noise-sensitive land uses developed near high noise generators.
so
EXHIBIT K
City Noise Regulations
6.44.010
6.44 NOISE REGULATIONS
6.44.010 General Provisions
A. Declarationof Polley
It Is hereby declared to be the policy of the City to prohibit unnecessary,excessive, and annoyln1 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 Interests shall be systematlcally proscribed. a. Definitions
As used In this chapter, unless the context otherwise clearfyindicates, the words and phrases used in this chapter are defined as follows:
(al Ambient Noise
"Ambient noise" Is the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. For the purpose of this chapter, ambient noise level Is average over a period of 15 minutes without inclusion of noise from Isolated identifiable sources, at the locatlon and time of day near that at which a comparison Is to be made.
(bl Becibel
"Decibel"shall mean a unit of level when the base of the loaarlthm is the tenth root of ten and the quantities concerned are proportlonal to power. (cl Emergency Work
"Emergency work"' shall mean work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an Imminent exposure to dangerto work by private or public utilities when restoring utilityservice.
SI
6.40.100-
CHAPTER
6.44.010 (Continued)
(di Frequency
"Frequency"' of afunction periodic In time shall mean the reciprocal of the primitive period. The unit isthe hertz and shall be specified.
(e) Hertz
"Hertz"shallmean the completesequenceofvalues ofa periodic quantity which occurs durln1 a period.
(f) Microbar
"Microbar" shall mean a unit of pressure commonly used In acousitcs and equal to one (1) dyne per square centimeter.
(g) Period
"Period" ofa periodic quantity shaltmean the smallestincrement oftime for which the function repeats itself.
(h) Periodic Quantity
"Periodic quantity" shallmean oscillatingquantity. the values of which recur for equal Incrementsof time.
(i) Person
"Person"shall mean a person, firm, association, co-partnership,Joint venture, corporation, or any entity, public or private In nature. (j) Sound Level
"Soundlever (noise level",In decibels (dB) Is the sound measured with the Aweighting and slow response bya sound level meter.
(k) Sound Level Meter
"Sound level meter" shall mean an Instrument includinga microphone, an amplifier,an output meter, and frequency weightingnetworks forthe measurement of sound level which satisfies the pertinentrequirements In American Standard Specifications for sound level meters $1.4-1971 or the most recent revisions thereof. (l) Motor Vehicles
"Motor vehicles" shallinclude, but not be limited to, mini-bikes and go-carts. (m) Sound Amplifying Equipment
"Sound amplifyingequipment" shall mean any machine or device for the amplification of the human voice, musicor any other sound. "Sound amplifyingequipment" shall not include standard automobile radios when used and heard only by the occupantsof the vehicle In which the automobile radio Is installed. "Sound amplifyingequipment," as used In this chapter, shall not indude warningdeviceson authorized emergency vehicles or horns ofotherwarningdevices on any vehicle used only for trafficsafety purposes. (n) Sound Truck
"Sound truck" shall mean any motor vehicle, or any other vehicle regardlessof motive power. whether in motion or stationary, havingmounted thereon. orattached thereto, any sound amplifyingequipment.
52 6.44.010 (Contlnuedl
(o) Commercial Purpose
•commercial purpose• shall mean and include the use, operation, or maintenance of any sound amplifying equipment forthe purpose of advertising any business, or anygoods, or any services, or for the purpose of attracting the anention of the public to, or advertising for or soliciting patronage or customeu to or for any performance, show, entertainment, exhibition, or event, or for the purpose of demonstrating such sound equipment.
(p) Noncommercial Purpose
"Noncommercial purpose" shall mean the use, operation, or maintenance of any sound equipment for other than a "commercial purpose." "Noncommercial purpose" shall mean and include,but shall not be limited to, phllanthroplt, political, patriotic, and charitable purposes.
c. SoundLevel Measurement Criteria
Any sound level measurement made pursuant to the provisions ofthis chapter shall be measured with a sound level meter using the"A" weighting. o. Ambient BaseNoise Level
Where the ambient noise level Is less than designated Inthis section the respective noise level In this section shall 1overn
Sound level A, decibels
Zone Time Time
Rl and R2 10pmto7am
Rl and R2 7pmto 10pm
Rl and R2 7amto7pm
R3 and R4 10pmto7am
R3 and R4 7amto 10pm
Commercial 10pmto7am
Commercial 7amto 10pm
Ml anytime
M2 anytime
Community Environment Classification
Very Quiet Quiet Slightly Noisy
(rural, suburban) (suburban) (suburban, urban)
40 45 50 --
45 so 55
so ss 60
45 50 55
so 5S 60
55 60
60 60
70 70
75 75
E. Violation. Misdemeanors
Any person violating any of the provisions ofthischapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined In an amount not exceeding Five Hundred and no/lOOths Dollars ($500.00) or be Imprisoned in the City or County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
F. Violations; Additional Remedies: Injunctions
As an additlonal remedy, theoperation or maintenance of any device, Instrument, vehicle, or machinery in violation of any provision ofthis chapter, which operation or ma'ntenance cause 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 53 6.44.010 (Continued) - 6.44.020
public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
G. Severability
If any provision, clause, sentence or paragraph ofthis chapter or the application thereof to any person or circumstances, shall be held Invalid, such invalidity shall not affect the other provisions or applications of the provisions of this chapter whlch can be given effect without the invalid provisions or application and, to this end, the provisions of this chapter are hereby declared to be severable.
6.44.020 Special Noise Sources
A. Radios, TelevisionSet, and Similar Devices
laJ use Restricted
It shall be unlawful for any person within any residential zone ofthe City to use or operate any radio receiving set, musical Instrument, phonograph, television set, or other machine ordevise for the producing or reproducing of sound (between the hours of 10:00 p.m. ofone day and 7:00 a.m. ofthe followlng day) In such a manner as to disturb the peace, quiet, and comfort of neighboring residents or any reasonable person ofnormalsensitiveness residing In the area.
(b) Prima facie violation
Any noise level exceeding the ambient base level at the property line of any property (or, 1fa condominium or apartment house, within any adjoining apartment) by more than five (SJ decibelsshall be deemedto be prima facie evidence of a vlolatlon of the provisions of this section.
B. Hawkersand Peddlers
Itshall be unlawful for any person within the City to sell anythingby outcry within any area of the City zoned for residential uses. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, and other stmllar Ucensed public: entertainment events.
C. .Qn!.!m
Use restricted
Itshall be unlawful for any person to use any drum or other Instrument or device ofany kind for the purpose of attractln1 attention by the creation of noise within the City. This section shall not apply to any person who Is a participantIn a school band orduly licensed parade or who hn been otherwise duly authorized toengage In such conduct.
0. Schools. Hospitals and Churches
Itshall be unlawful for any person to create any noise on any street, sidewalk, or public adJaunt to any school institution of learning, or churchwhile the same Is In useor adjacent to any hospital, which noise unreasonably Interferes with the working ofsuch Institution or which disturbs or unduly annoys patients In the hospital, provided conspicuous signs are displayed In such streets, sidewalk or pubUc place indicating the presenceofa school, church or hospital, 54 6.44.020 Continued - 6.44.050
E. Animals and Fowl
No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied, or controlled by such person any animal or fowl otherwise permitted to be kept which, by any sound, cry, or behavior, shall cause annoyance or discomfort to a reasonable person of normal sensitiveness ln any residential neighborhood.
• F. Machinery, Equipment, Fans. and Air Conditioning
It shall be unlawful for any person to operate any machinery, equipment, pump, fan, air conditioning apparatus, or similar mechanical device In any manner so as to create any noise which would cause the noise level at the property line of any property to exceed the ambient base noise level by more than five (5) decibels.
6.44.030 Construction
A. construction of Buildings and Projects
It shall be unlawful for any person within a residential zone, or within a radius of 500 feet therefrom, to operate equipment or perform an outside construction or repair work on buildings, structures, or projects ort operate any pile drive, p0wer shovel, pneumatic hammer, derrick. power hoist, or any other construction type device (between the hours of 10:00 p.m. of one day and 7:00 a.m, ofthe next day) In such a manner that a reasonable person of normal sensitiveness reslding in the area Is caused discomfort ofannoyance unless beforehand a permit therefor has been duly obtained from the Loyalton City Council. No permit shall be required to perform emergency work as defined In section
6.44.010 8. of this chapter.
B. Motor Driven Vehicles
It shall be unlawful for any person to operate anymotor driven vehicle within the City In such a manner that a reasonable person of normal sensitiveness residing In the are.a Is caused discomfort or annoyance; provided, however, any such vehicle which Is operated upon any public highway, street, or right-of-way shall be excluded from the provisions of this section.
6.44.050 Amplified Sound
A. Purpose
The Council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety, and welfare of its citizenry. While recognizing that the use ofsound amplifying equipment is protected by the constitutional rights of freedom of speech and assembly, the Council nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment In order to protect the correlative constitutional rights ofthe citizens of this community to privacy and freedom from public nuisance of loud and unnecessary noise.
8. Registration: Required
It shalt be unlawful for any person, other than personnel oflaw enforcement or governmental agencies, to install, use, or operate within the City a loudspeaker or sound amplifying equipment in a fixed or movable p0sltlon or mounted upon any sound addresses, lectures, or transmitting music to any 55 6.44.050 (Continued)
persons orassemblages of persons In or upon any street, alley, sidewalk, park, place, or public property without first flllng a registration statement and obtaining approval thereof as setforth In thissection.
C. Registration: Requirements and Duties
(a) Registration statements: Fifing
Every userofsound amplifying equipment shall file a registration statement with the City Clerk seven {7) days prior to the date on which the sound amplifying equipment is Intended to be used. which statement shall contain the following Information:
(1) The name, address and telephone number of both the owner and user of the sound amplifying equipment
(2) The maximum sound producingpower of the sound amplifying equipment which shall Include the wattage to be used, the volume in decibels of sound which will be produced, and the approximate distance for which sound willbe audible from the sound amplifyfng equipment;
(3) The license and motor number Ifa sound truck Is to be used:
(4) A general description ofthe sound amplifyingequipment which is to be used; and (5) Whetherthe sound amplifying equipment will be used for commercial or noncommercial purposes.
(bl RegistrationStatements: Approval
The City Councll shall retum to the applicant an approved certified copy of the registrationstatement unless he finds that·
(1) The condition of the motor vehicle movements are such that In the opinion of the City Council use of the equipment would constitute a detriment to traffic safety; or (2l The conditions of pedestrian movement are such that use ofthe equipment would constitute a detriment to traffic safety; or
(3) The registration statement required reveals that the applicant would violate the provisions set forth In section 8. of Section 6.44.050or any other provisions ofthis Code.
(c) Disapproval
In the event that the registration statement Is disapproved, the Council shall endorse upon the statement their reasons for disapproval and return it forthwith to applrcant, D. Appeals
Any person aggrieved by disapproval of a registration statement may appeal by complying with the provisions of Chapter 1.24 ofPart 1 General Provisions ofthis Code relating to appeals.
E. Fees
Prior to the Issuance of the registrationstatement, a fee In the amount of $5.00perday, or any portion thereof, shall be paid to the City, Ifthe loudspeakeror sound amplifying equipment Is to be used for commercial purposes. No fee shall be required for the operation of a loudspeaker or sound amplifying equipment for noncommercial purposes.
56 6.44.050 (Continued) - 6.44.060
F. Regulations
The commercial and noncommercial use ofsound amplifying equipment shall be subject to the followingregulations:
(a) The only sounds permitted shall be either music orhuman speech, or both. (b) Theoperation ofsound amplifying equipment shaft only occur between the hours of 8:00 a.m. and S:00 p.m. each day except on Sundays and legal holidays. No operationof sound amplifying equipment for commercial purposes shall be permitted on Sundays or legal holidays. The operation of sound amplifyingequipment for noncommercial purposes on Sundays and legalholidays. The operation of sound amplifying equipment for noncommercial purposes on Sundays and legalholidays shall onlyoccur between the hours of 10:00 m. and 6:00 p.m.
(cl sound level emanating from sound amplifying equipment shall not exceed (151 decibels above the ambient base noise level.
(di Notwithstanding the provisions of subsection (cl of this section, sound amplifying equipment shalt not be operated within 200 feet ofchurches, schools, hospitals, or City buildings.
(e) In any event, the volume ofsound shall be so controlled that It will not be unreasonably loud, raucous, jarring, disturbing, ora nuisance to reasonable persons of normal sensitiveness within the area of audibility.
6.44.060 General Noise Regulations
Notwithstanding any other provision ofthischapter, and In addition thereto, It shall be unlawful for any personto willfully make or continue, or causeto be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace orquiet of any neighborhood or which causes discomfort or annoyance to any person ofnormal sensitiveness residing In the area.
The standard which shall be considered In determining whether a violation of the provision of this section exists shall lndude, but not be llmlted to, the following:
(a) The level ofthe noise;
(b) The Intensity of the noise;
(c) Whether the nature of the noise Is usual or unusual; (d) Whether the origin ofthe noiseis natural, or unnatural, (e) The level and intensity of the background noise, If any; (f) The proximity of the noise to residential sleepln1 facilities; (g) The nature and zoning ofthe are, within which the noise emanates; (h) The density of the inhabitation ofthe area within which the noise emanates; (i) The time of the day or nightthe noise occurs;
Ol The duration of the noise;
(k) Whether the noise Is recurrent, Intermittent, or constant; and (I) Whether the noise Is produced by a commercial or non-commercial activity. 57