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HomeMy WebLinkAboutOrdinance 1789 (Noise)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1789 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL REPEALING SECTION 8.12.150 AND ADDING NEW CHAPTER 8.13 TO THE SAN RAFAEL MUNICIPAL CODE ENTITLED "NOISE" is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 21" day of October, 2002. a SUMMARY of Ordinance No. 1789 was published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City held on the 4th day of November, 2002, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller and Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips and Mayor Boro WITNESS my hand and the official seal of the City of San Rafael this 6th day of November, 2002 JEARE�M. LEONdNI, City Clerk ORDINANCE NO 1789 AN ORDINANCE OF THE CITY OF SAN RAFAEL REPEALING SECTION 8.12.150 AND ADDING NEW CHAPTER 8.13 TO THE SAN RAFAEL MUNICIPAL CODE ENTITLED "NOISE." THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. A. The City Council finds that the noise regulations adopted herein are in general conformance with the intent, goals, policies and programs of the current San Rafael General Plan. B. The City Council further finds that the public necessity, convenience and general welfare require or clearly permit adoption of the noise regulations herein. C. The City Council finds that the noise regulations adopted herein are intended to and will enhance and protect the environment by controlling noise levels within the City, and are therefore exempt from the requirements of the California Environmental Quality Act ("CEQA") under Section 15308 of the CEQA Guidelines, which exempts actions taken by regulatory agencies to assure the maintenance, restoration, enhancement or protection of the environment, and under Section 15061(b)(3) of the CEQA Guidelines, which exempts projects that clearly have no potentially significant adverse environmental impacts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 2. Section 8.12.150 of the San Rafael Municipal Code, "Loud or Unusual Noises Prohibited," is hereby repealed. DIVISION 3. New Chapter 8.13, entitled "Noise," is hereby added to the San Rafael Municipal Code as follows: Section 8.13. 010 -- Declaration of Policy. It is hereby declared to be the policy of the City of San Rafael, in the exercise of its police power, to protect the peace, health, safety and general welfare of the citizens of San Rafael from excessive, unnecessary and unreasonable noises from any and all sources in the community. It is the intention of the City Council to control the adverse effect of such noise sources on the citizens by prescribing standards prohibiting detrimental levels of noise and by providing a remedy for violations. The provisions of this Chapter and the remedies contained in this Code shall be cumulative and are not intended to replace any otherwise available remedies for public or private nuisances, nor any other civil or criminal remedies otherwise available. In addition, the regulations contained herein are not intended to substitute for any noise analysis conducted as a part of the City's environmental review process for discretionary permit approvals, nor is it intended to limit more strict noise control requirements for discretionary permit approvals should more strict measures be found to be necessary in order to maintain noise levels that are not detrimental to the health and welfare of the citizens of the City. Section 8.13.020 — Definitions. For the purposes of this Chapter, certain terms are defined as follows: A. " `A' -Weighted Sound Level (dBA)" means a decibel scale that approximates the way the human ear responds to various acoustic frequencies. 2 B. "Commercial property" means property zoned for commercial, office, marine, marine commercial, or water uses, as provided in the City of San Rafael Zoning Ordinance, San Rafael Municipal Code Title 14, or properties zoned as Planned Development where the principal use is commercial, marine, marine commercial, or water use. C. "Constant" noise means a continuous noise produced where there is no noticeable change in the level of the noise source. Examples would include such noises as those associated with air conditioners and pool equipment. D. "Daytime" for purposes of this Chapter means the period between 7:00 a.m. and 9:00 p.m. Sunday through Thursday and between 7:00 a.m. and 10:00 p.m. on Friday and Saturday. E. "Decibel" means the measurement unit used for the level of sound/noise. F. "Holidays" mean those holidays designated as federal holidays and the day after Thanksgiving. G. "Industrial property" means property zoned for industrial or light industrial use as provided in the City of San Rafael Zoning Ordinance, San Rafael Municipal Code Title 14, or properties zoned as Planned Development where the principal use is industrial or light industrial. H. "Intermittent" noise means repetitive noises where there is a distinction between the onset and decay of the sound. Examples would include hammering and dog barking. 3 I. "Mixed use property" means property zoned for both residential and for office and/or commercial use as provided in the City of San Rafael Zoning Ordinance, San Rafael Municipal Code Title 14. J. "Multi -family residential structure" means any dwelling structure where two or more dwellings are separated by a common wall, floor, or ceiling, including but not limited to apartments, condominiums and townhouses. K. "Nighttime" for purposes of this Chapter means the period between 9:00 p.m. and 7:00 a.m. Sunday through Thursday and between 10:00 p.m. and 7:00 a.m. on Friday and Saturday. L. "Noise level" means the maximum constant or intermittent sound level produced by a source or group of sources as measured with a sound level meter using fast response and "A" -weighting. In order to measure a noise level, the controls of the sound level meter should be arranged to the setting appropriate to the type of noise being measured. M. "Sound level meter" means a device for measuring sound level in decibel units within the performance specifications in the American National Standards Institute Standard S 1.4, "Specification for Sound Level Meters." N. "Property plane" means a vertical plane including the property line that determines the property boundaries in space. O. "Public property" means property zoned for public/quasi-public or parks/open space use as provided in the City of San Rafael Zoning Ordinance, San Rafael Municipal Code Title 14, or the San Rafael City Plaza, or any public street, right-of-way, or easement. 4 P. "Residential power equipment" means any mechanically powered saw, sander, drill, grinder, leaf blower, lawnmower, hedge trimmer, edger, or any other similar tool or device, when used in or on any residential property. Q. "Residential property" means property zoned for residential use as provided in the City of San Rafael Zoning Ordinance, San Rafael Municipal Code Title 14, or properties zoned for mixed use or as Planned Development where the principal use is residential. Section 8.13.030 -- Loud or unusual noises prohibited. No person shall maintain, emit or make, or cause, suffer or permit to be maintained, emitted or made, any noise or sound produced by human, animal, mechanical or other means, which by reason of its raucous or nerve-wracking nature, shall disturb the peace or comfort or be injurious to the health of any person or persons; and such a noise or sound may be deemed in violation of this section regardless whether it is found to be within the noise limits established elsewhere in this chapter for the location or type of noise or sound. Section 8.13.040 -- General Noise Limits. Subject to the exceptions and exemptions set forth in Sections 8.13.050 and 8.13.060 of this Chapter, the general noise limits set forth in this Section shall apply. A summary of the general noise limits set forth in this section is set forth in Table 8.13-1. Where two or more noise limits may apply, the more restrictive noise limit shall govern. For purposes of determining sound levels from any source of sound, a sound level measurement shall be made at any point on any receiving private or public property. Notwithstanding the foregoing, in multi -family structures, the 5 microphone shall be placed no closer than 3-1/2 feet from a wall through which the source of sound at issue is transmitting, and shall also be placed 5 feet above the floor regardless of whether the source of sound at issue transmits through the floor, ceiling or wall. Sound level measurements shall be made with a Sound Level Meter (Type 1 or 2) set to A -weighting, and "fast" response for intermittent sound. Slow or fast response may be used for constant noise sources. For intermittent sound, the one second rms maximum level (Lmax) shall be used. For constant sound, the average level (Leq) shall be used. A. Residential Droperty noise limits. 1. No person shall produce, suffer or allow to be produced by any machine, animal or device, or by any other means, a noise level greater than the following, when measured on any residential property: a. Daytime: 60 dBA intermittent 50 dBA constant b. Nighttime: 50 dBA intermittent 40 dBA constant 2. No person shall produce, suffer or allow to be produced by any machine, animal, or device, or by any other means, a noise level greater than the following, when measured on any mixed use property: a. Daytime: b. Nighttime: 65 dBA intermittent 55 dBA constant 55 dBA intermittent 45 dBA constant 3. No person shall produce, suffer or allow to be produced by any machine, animal or device, or by any other means, within the interior of 6 a multi -family residential structure, a noise level greater than the following, when measured through a common interior partition (wall, floor or ceiling) from any other interior location: a. Daytime: 40 dBA intermittent 35 dBA constant b. Nighttime: 35 dBA intermittent 30 dBA constant B. Commercial property noise limits. No person shall produce, suffer or allow to be produced by any machine, animal, or device, or by any other means, a noise level greater than 65 dBA intermittent or 55 dBA constant, when measured on any commercial property. C. Industrial propertv noise limits. No person shall produce, suffer or allow to be produced by any machine, animal or device, or by any other means, a noise level greater than 70 dBA intermittent or 60 dBA constant, when measured on any industrial property. D. Public property noise limits. No person shall produce, suffer or allow to be produced by any machine, animal or device, or by any other means, a noise level, when measured on any public property, that is greater than the most restrictive noise standard applicable under this Chapter to any private property adjoining the receiving public property. 7 Property type or zone Residential Mixed-use Multifamily residential (interior sound source) Commercial Industrial Public Property TABLE 8.13-1— GENERAL NOISE LIMITS Daytime limits 60 dBA Intermittent 50 dBA Constant 65 dBA Intermittent 55 dBA Constant 40 dBA Intermittent 35 dBA Constant 65 dBA Intermittent 55 dBA Constant 70 dBA Intermittent 60 dBA Constant Most restrictive noise limit applicable to adjoining private property Nighttime limits 50 dBA Intermittent 40 dBA Constant 55 dBA Intermittent 45 dBA Constant 35 dBA Intermittent 30 dBA Constant 65 dBA Intermittent 55 dBA Constant 70 dBA Intermittent 60 dBA Constant Most restrictive noise limit applicable to adjoining private property Section 8.13.050 -- Standard exceptions to General Noise Limits. The following standard exceptions to the provisions of Section 8.13.040 shall be allowed as of right, to the extent and during the hours specified. A summary of the standard exceptions provided in this section is set forth in Table 8.13-2. A. Construction. Except as otherwise provided in paragraph B of this section, or by the Planning Commission or City Council as part of the development review for the project, on any construction project on property within the City, construction, alteration, demolition, maintenance of construction equipment, deliveries of materials or equipment, or repair activities otherwise allowed under applicable law shall be allowed between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday, and 9:00 a.m. and 6:00 p.m. on Saturdays, provided that the noise level at any point outside of the property plane of the project shall not exceed ninety (90) dBA. All such activities shall be precluded on Sundays and holidays. For any construction project involving the construction of one or more new buildings or residences within the City, or when required by the Planning Commission or City Council as part of their development review for the property, the property owner or occupant shall post a sign at all entrances to the construction site upon commencement of construction, for the purpose of informing all contractors and subcontractors, their employees, agents, materialmen and all other persons at the construction site, of the basic requirements of this chapter. 1. Said sign(s) shall be posted in a conspicuous place visible from the public right-of-way near the entrance to the job site, at least five feet above ground level, and shall be of a white background, with legible black lettering, which lettering shall be a minimum of one and one-half inches in height. 2. Said sign shall read as follows (or as consistent with other hours approved by the Planning Commission or City Council): CONSTRUCTION HOURS (includes any and all deliveries) MONDAY — FRIDAY SATURDAY SUNDAY/HOLIDAYS NOISE LIMITS 7:00 a.m. to 6:00 p.m. 9:00 a.m. to 6:00 p.m. Prohibited Noise level at any point outside of the construction property plane shall not exceed 90 dBA. Violation of this Ordinance is enforceable as either an infraction or a misdemeanor punishable by fines or jail time or both, or by administrative or civil 9 action subject to monetary penalties (San Rafael Municipal Code Chapter 1.42). B. Residential power equipment and construction activities by residential property owners. Residential power equipment, and construction activities undertaken by residential property owners to maintain or improve their property, shall be allowed between the hours of 8:00 a.m. and 8:00 p.m. Monday through Friday, and 9:00 a.m. and 6:00 p.m. on Saturdays, Sundays and holidays, providing such equipment and/or activities do not produce a noise level that exceeds ninety (90) dBA beyond the property plane of the property on which the equipment is being used or the activity is occurring. For purposes of this paragraph, "construction activities undertaken by the residential property owner" shall include work personally done by the property owner(s) and by a family member, friend or other persons assisting the property owner(s). C. Sound performances; Sound -generating devices. Notwithstanding anything in this chapter to the contrary, on public property or any other open area to which the public has access, whether publicly or privately owned, sound generating devices or instruments used for any indoor or outdoor sound performances, athletic events, and special events shall be permitted, provided they do not exceed a noise level of eighty (80) dBA measured at a distance of not less than fifty feet from the property plane or such other limit as may be established by any required approvals and permits therefor obtained from the appropriate governmental entity. Except pursuant to an approved Special Event, Street Closure or Parade Permit, the use of 10 any sound generating device or instrument for such performances or events between the hours of 10:00 p.m. and 10:00 a.m. is unlawful. D. Refuse collection. Refuse collection activities shall be permitted as specified in this Section, provided they do not produce a noise level in excess of ninety-five (95) dBA measured at a distance of twenty-five feet from the activity: 1. Residential or mixed-use property: Between the hours of 6:00 a.m. and 9:00 p.m. Monday through Saturday. 2. Industrial or commercial property: Between the hours of 4:00 a.m. and 9:00 p.m. daily. TABLE 8.13-2 — STANDARD EXCEPTIONS TO GENERAL NOISE LIMITS Type of Activity, Construction Residential Power Equipment and Construction Activities Undertaken by Residential Property Owners Sound performances Refuse Collection Maximum Noise Level 90 dBA 80 dBA measured fifty (50) feet or more from property plane, or as excepted by permit approval 95 dBA 11 Days/Hours Permitted Mon -Fri 7:00 a.m.- 6:00 p.m. Sat 9:00 a.m. — 6:00 p.m. Sun, Hol. — prohibited Or as otherwise set by City approval Mon -Fri 8:00 a.m.- 8:00 p.m. Sat, Sun, Hol. 9:00 a.m. — 6:00 p.m. Every day 10: a.m. —10:00 p.m., or as excepted by permit approval Residential or mixed-use property: Mon -Sat 6:00 a.m. — 9:00 P.M. Industrial or commercial property: Daily 4:00 a.m. — 9:00 P.M. Section 8.13.060 — Exceptions allowed with permit. A. In addition to the standard exceptions permitted pursuant to section 8.13.050 of this Chapter, the Director of Community Development or his designee may grant a permit allowing an exception from any or all provisions of this Chapter where the applicant can show that a diligent investigation of available noise abatement techniques indicates that immediate compliance with the requirements of this Chapter would be impractical or unreasonable. Any such permit shall be issued with appropriate conditions to minimize the public detriment caused by the permitted exceptions. Any such permit shall be of such duration as approved by the Director of Community Development or his designee, up to a maximum period of six months, but shall be renewable upon a showing of good cause, and shall be conditioned by a schedule for compliance and details of methods therefor in appropriate cases. In the discretion of the Director of Community Development or his designee, an exception permit may be issued and reissued for successive short periods of time in order to allow monitoring of the adverse noise impacts of the excepted activity, and additional conditions may be imposed upon reissuance of the permit, if the Director of Community Development or his designee determines that such additional conditions are necessary to mitigate noise impacts from the excepted activity to a level he deems acceptable under all the circumstances. B. Any application for an exception permit under this Section shall be accompanied by a fee to be set by resolution of the City Council. C. Prior to granting any permit under this Section, the Director of Community Development or his designee shall provide at least 10 calendar days 12 written notice to all property owners within 300 feet of the property for which the application is made, and shall consider any objections to the granting of such permit received before issuance of the permit. D. Any person aggrieved with the decision of the Director of Community Development or his designee may appeal to the City Council, by writing filed with the City Clerk within five (5) business days after the date of such decision, however, such decision shall not stay the effective date of the permit. Section 8.13.070 — Exemptions. The following shall be exempt from the provisions of this Chapter: A. Aerial warning devices which are required by law to protect the health, safety and welfare of the community; B. Emergency vehicle responses and all necessary equipment utilized for the purpose of responding to an emergency, or necessary to restore, preserve, protect or save lives or property from imminent danger of loss or harm; C. Aviation, railroad, and public transit operations; D. The operation of any municipal or public utility vehicles; E. Public safety training exercises conducted between the hours of 8:00 a.m. and 8:00 p.m.; F. Uses established through any applicable discretionary review process containing specific noise conditions of approval and/or mitigation measures; G. Work on capital improvements, or repairs on public property by employees or contractors of the City. 13 Code. H. Vehicle noise subject to regulation under the California Vehicle I. Emergency repair work performed by, or at the request of, a property owner on his or her private property, where the delay required to obtain an exception permit under this Chapter would result in substantial damage, personal injuries, or property loss to the owner, provided that such emergency work shall be subject to such reasonable conditions as may be imposed by authorized City employees to mitigate the noise level of the activity. Section 8.13.080 — Violations, Penalties. Any violation of this Chapter may be enforced either as an infraction or as a misdemeanor, or by any remedy available to the City under this Code, or under State law. DIVISION 4: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. 14 DIVISION 5: A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for or against the Ordinance. ALB RT J. BOR, Mayor ATTEST: J M. LEONCINI, City Clerk The foregoing Ordinance No. 1789 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 21st day of October, 2002 and ordered passed to print by the following vote, to wit: 15 AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Cohen, Heller, Phillips and Mayor Boro None Miller and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 4th day of November, 2002. jEVNNE M. LEO im, City Clerk