ORDINANCE NO. 3914
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TORRANCE, CALIFORNIA, AMENDING SECTIONS 46.1.2
"DEFINITIONS" AND 46.7.3 "EXCEPTIONS" OF DIVISION 4
"PUBLIC HEALTH AND WELFARE", CHAPTER 6 "NOISE
REGULATION" OF THE TORRANCE MUNICIPAL CODE TO
EXEMPT STATIONARY GENERATORS FOR RESIDENTIAL
USE FROM THE CITY OF TORRANCE NOISE
REGULATIONS
RECITALS
THE CITY COUNCIL OF THE CITY OF TORRANCE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1
a) The City of Torrance is a charter city under California law with a recognized mandate to preserve, protect, and enhance the general health and welfare of its residents. b) The City Council of the City of Torrance has determined it necessary to adopt an Ordinance amending the Noise Regulations of the Torrance Municipal Code to allow emergency use of stationary generators for residential use during a declared emergency or scheduled power outage by a utility provider.
c) A stationary generator is the ultimate backup for a residential home in the event of a power outage caused by a natural or man-made event.
d) The residents of Torrance require a reliable source of electrical power for their daily needs and operations to provide items such as food and toiletries, life-saving medical equipment, and to maintain utility service, and loss of power for any significant duration places the health and safety of residents at risk.
e) To support the Torrance community's need for readily available emergency power during unexpected catastrophes or scheduled power outage by a utility provider, the City Council of the City of Torrance has determined it is necessary to adopt amendments to Division 4 "Public Health and Welfare", Chapter 6 "Noise Regulation" to exempt stationary generators for residential use from the strict application of the noise standards.
SECTION 2 MUNICIPAL CODE AMENDMENT 46.1.2
Section 46.1.2, entitled "Definitions", of Chapter 6, Article 1 of Division 4 of the Torrance Municipal Code is amended in its entirety to read as follows:
46.1.2 DEFINITIONS.
As used in this Chapter, unless the context otherwise clearly indicates, the words and phrases used in this Chapter are defined as follows:
a) Ambient noise is the all encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far, without inclusion of intruding noises from isolated identifiable sources.
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b) Decibel (db) shall mean a unit of level which denotes the ratio between two (2) quantities which are proportional to power; the number of decibels corresponding to the ratio to two (2) amounts of power is ten ( 10) times the logarithm to the base ten ( 10) of this ratio. c) Emergency or utility power outages shall mean any City, County or State declared emergency, or interruption of utility power due to preventive utility shut-off measures or due to damage to utility infrastructure from accidents, earthquakes, fires, floods, storms, winds, or their acts; or any event deemed to be an emergency by City officials to preserve and protect life and property. d) 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 danger.
e) Noise level, in decibels, is the A-weighted sound pressure level as measured using the slow dynamic characteristic for sound level meters specified in ASA S1 .4-1961, American Standard Specification for General Purpose Sound Level Meters, or latest revision thereof.
The reference pressure is twenty (20) micronewtons/square meter (2 x 10-4 microbar). f) Person shall mean a person, firm, association, co-partnership, joint venture, corporation or any entity, public or private in nature.
g) Sound level meter shall mean an instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of noise and sound levels in a specified manner as specified in ASA S1.4-1961, American Standard Specification for General Purpose Sound Level Meters, or latest revision thereof. h) Sound pressure level, in decibels (db) of a sound is twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of this sound to the reference pressure. For the purpose of this Chapter the reference pressure shall be twenty (20) micronewtons/square meter (2 x 10-4 microbar).
i) Impulsive sound means a short duration sound (such as might be produced by the impact of a drop hammer or pile driver) with one (1) second or less duration. j) Motor vehicles shall include, but not be limited to, minibikes and go carts. k) Routine testing of stationary generators for residential use shall mean the required and routine testing per manufacturers' recommendations to maintain and keep ready stationary generators for residential use. However, such routine testing shall not occur more than once a week for a time period longer than 30 minutes and only between the hours of 10:00 a.m. and 4:00 p.m., Monday -Friday.
I) Sound amplifying equipment shall mean any machine or device for the amplification of the human voice, music, or any other sound. Sound amplifying equipment shall not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. Sound amplifying equipment, as used in this Chapter, shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes. m) Sound truck shall mean any motor vehicle, or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment.
2 n) Stationary generator for residential use shall mean any Underwriters Laboratories (UL) listed, or third party listed by an agency approved by the City of Torrance, natural gas and/or propane fired generator permanently installed and connected to the building's electrical system with building permits issued by the City, and only intended to provide power during emergencies or utility power outages.
Generators must meet the setback requirements of the applicable zone and have a maximum capacity of 24kW.
o) Commercial purpose shall mean and include the use, operation or maintenance of any sound amplifying equipment for the purpose of advertising any business or any goods or any services, or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage or customers to or for any performance, show, entertainment, exhibition, or event, or for the purpose of demonstrating any such sound equipment. p) Noncommercial purpose shall mean the use, operation or maintenance of any sound equipment for other than a commercial purpose. Noncommercial purposes shall mean and include, but shall not be limited to, philanthropic, political, patriotic and charitable purposes.
q) Residential land shall mean that land which is utilized for residential purposes or zoned for residential purposes.
r) Residential purpose means any purpose involving routine and relatively permanent use of a building as a dwelling, as opposed to relatively transient uses such as hotels and motels. s) Day means the time period from 7:00 A.M. to 10:00 P.M. t) Night means the time period from 10:00 P.M. to 7:00 A.M .
SECTION 3 MUNICIPAL CODE AMENDMENT 46.7.3
Section 46. 7 .3, entitled "Exceptions", of Chapter 6, Article 7 of Division 4 of the Torrance Municipal Code is amended in its entirety to read as follows:
46.7.3 EXCEPTIONS.
The following noise sources are specifically excluded from the provisions of this Chapter:
1) Aircraft in flight.
2) Motor vehicles operating in accordance with Sec. 46.4.2. and in accordance with all the sections of the California Motor Vehicles Code.
3) Stationary Generator for Residential Use, as defined in accordance with Section
46.1.2(n); and, installed and used during emergencies or utility power outages, as defined in accordance with Section 46.1.2(c); or for routine testing and maintenance, as defined in accordance with Section 46.1.2(k)." 3 EXHIBIT A.
REGIONS COARl!SPOIC)ING TO
NOISE LNTS SET FORTH 1H
SECTION 48.7.2
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SECTION 4
Any provisions of the Municipal Code or its appendices, or any other ordinances of the City of Torrance inconsistent with this ordinance to the extent of the inconsistencies and no further, are repealed.
SECTION 5
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance.
The City Council of the City of Torrance hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional.
4 SECTION 6
This ordinance was reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"). This ordinance is exempt pursuant to CEQA Guidelines 15269(c), as this action would allow a specific, short-term action or activity that is to be undertaken or deemed necessary to prevent or mitigate an emergency.
Additionally, the general text amendments to Division 4 "Public Health and Welfare", Chapter 6 "Noise Regulation" of the Torrance Municipal Code is exempt pursuant to CEQA Guidelines §15061(b)(3), as these revisions , in and of themselves, do not have the potential for causing a significant effect on the environment as they do not allow for any new or expanded uses not otherwise permitted under existing federal, state and local regulations.
SECTION 7
This ordinance will take effect thirty days after the date of its adoption. Within fifteen days following adoption, th is ordinance or a summary of this ordinance, if authorized by the City Council, will be published at least once in the Daily Breeze, a newspaper of general circulation, published and circulated in the City of Torrance.
INTRODUCED and APPROVED this 24th day February 2023 .
ADOPTED and PASSED this 14th day of March 2023.
APPROVED AS TO FORM :
PATRICK Q. SULLIVAN, City Attorney
by
Tatia Y .
5 Mayor Pro Tern Sharon Kalani
irier, City Clerk
TORRANCE CITY COUNCIL ORDINANCE NO. 3914
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF TORRANCE
ss
I, Rebecca Poirier, City Clerk of the City of Torrance, California, do hereby certify that the foregoing Ordinance was duly introduced and approved at an adjourned regular meeting of the City Council held on the 28th day of February, 2023 and was duly adopted at a regular meeting of said Council held on the 14th day of March, 2023 by the following roll call vote:
AYES : COUNCI LMEMBERS
NOES: COUNCILMEMBERS
ABSTAIN : COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
Griffiths, Kaji, Lewis, Mattucci, Sheikh and
Mayor Pro Tern Kalani
None.
None.
Mayor Chen
This ordinance was duly published in accordance with State law (GC 40806).
Date: 1;/91 /rJJ ----~---
Rebe~
City Clerk of the City of Torrance
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