Item #04
CITY COUNCIL MEETING | Page 1 of 3
Date: November 21, 2023
To: Mayor and City Council
From: Kathy Pease, Planner Consultant
Jim Schaad, City Manager
Subject: Draft Noise Ordinance
Recommendation:
Pass a Motion to 1) Set November 21, 2023, for the second reading and consideration for adoption 2) waive the second reading of the Ordinance and 3) follow the Planning Commission recommendation that the City Council adopt an Ordinance to add a new section the Marysville Municipal Code: Title
19.070: Noise Sources for Transportation and New Construction.
Background
This item is being brought forward at the request of the City Council. The City does not currently have a municipal noise ordinance protecting the peace, health, safety and general welfare of its citizens that sets a standard to measure excessive, or unreasonable noise for transportation noise or new construction activities. Such a municipal noise ordinance would allow the City to set a noise standard and require mitigation for new development.
Noise impacts are generally defined as a loud, unpleasant, unexpected, or undesired sound that is typically associated with human activity and that interferes with or disrupts normal activity.
Sound is generally characterized by several variables, including frequency and intensity. Frequency describes the pitch of the sound and is measured in Hertz (Hz), while intensity describes the sound’s loudness and is measured in decibels (dB). Decibels are measured using a logarithmic scale.
The perception of sound to the human ear is usually quantified by the minimum change in the sound level of individual events that an average human ear can detect which is about a three to five dB change. It should be noted that if a sound’s intensity is doubled, the sound level increases by 3 dB, regardless of the initial sound level (i.e., 60 dB + 60 dB = 63 dB).
Item #04
CITY COUNCIL MEETING | Page 2 of 3
Day-Night Standards
Because sensitive land uses such as residential may be more impacted by sound at night, Day-Night Average Noise Level (Ldn) describes noise exposure over a 24-hour period. It is calculated by adding a 10-decibel penalty to sound levels at night (10:00 p.m. to 7:00 a.m.) to compensate for the increased sensitivity to noise during the quieter evening and nighttime hours.
Ldn is commonly used by jurisdictions (such as the State of California and local jurisdictions) to define acceptable land use compatibility with respect to noise.
Several noise ordinances from various cities were referenced and examined, including Fremont, Fresno, Roseville and others. This Noise Ordinance is largely adapted from the City of Fresno.
Table 1 below indicates the levels at which average (Ldn) sound is acceptable:
Table 1, Noise Level Criteria
Normally Acceptable Conditionally
Acceptable
Normally
Unacceptable
Clearly
Unacceptable
50-65 Ldn 66-70 Ldn 71-75 Ldn 76-85 Ldn
Proposed Amendment
A copy of the proposed Noise Ordinance is attached (Attachment 1). The ordinance would regulate highway and new construction noise as it relates to noise sensitive land uses and would set the following standards:
» 65 Ldn for exterior noise
» 45 Ldn for interior noise
» Projects that exceed the standard would be required to provide acoustical study and provide measures such as berming or sound walls.
Transportation noise would be measured 50-feet from the center line at neighboring properties. In instances where noise exceeds the City’s standards, mitigation or sound attenuation would be required.
Many activities would be exempt from this provision, including, but not limited to emergency work; entertainment events (such as Bryant Field) and permitted special events, maintenance of residential property, garbage pickup and utility work.
Item #04
CITY COUNCIL MEETING | Page 3 of 3
In addition, as part of the General Plan update, AECOM will conduct noise monitoring to establish a baseline for existing noise levels in the City. The General Plan will establish noise policies in addition to the proposed Noise Ordinance.
Planning and Historic Preservation Commission Consideration The Planning Commission had a robust discussion of this item at their July 23, August 23, and September 27th, meetings. The Planning Commission was generally supportive of the proposed Noise Ordinance but wanted to make sure that it did not impact existing business operations and asked that staff explore exemptions for construction noise on certain holidays or during heat events when it would be beneficial for construction to start early. Those amendments were made to the attached noise ordinance.
No members of the public provided feedback at any of the meetings.
On September 27, 2023, the Planning Commission voted 6-0-2 (Kroeger and Langsdorf absent) to recommend that the City Council adopt the proposed Noise Ordinance Environmental Review
The proposed zoning Code Amendment is considered exempt from CEQA pursuant to CEQA Guidelines section 15061 (b) (3), Common Sense Exemption. The Project, by itself, does not result in any physical changes in the environment and will provide an avenue to ensure that existing residents and businesses are not exposed to excessive noise. Future development would be required to conduct environmental review for any associated impacts.
Fiscal Analysis:
Funding for this activity has been included in the FY2023/2024 budget. There are minimal costs associated with this item.
Attachment:
1) Proposed Ordinance