HomeMy WebLinkAboutCD Noise Ordinance Amendments for Utility Power Outages____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: 11/04/2019
Disposition: Passed Ordinance 1977 to print
Agenda Item No: 6.b
Meeting Date: November 4, 2019
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Development Department
Prepared by: Don C. Jeppson, AIA CBO
Chief Building Official
City Manager Approval: ______________
TOPIC: NOISE ORDINANCE AMENDMENTS FOR UTILITY POWER OUTAGES
SUBJECT: CONSIDERATION OF AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY
COUNCIL AMENDING CHAPTER 8.13 OF THE SAN RAFAEL MUNICIPAL CODE
ENTITLED “NOISE” TO ADD AN EXEMPTION FROM NOISE REGULATIONS FOR
THE USE OF GENERATORS FOR EMERGENCIES AND UTILITY POWER OUTAGES
RECOMMENDATION:
Conduct a public hearing introducing a proposed ordinance to amend Chapter 8.13 of the San Rafael
Municipal Code entitled “Noise” to exempt generators for emergencies and utility power outages from the
existing noise regulations and pass the ordinance to print.
BACKGROUND:
In February 2019, PG&E announced plans to proactively de-energize high voltage transmission lines and
distribution lines in certain circumstances to prevent destructive wildland fires. Known as Public Safety
Power Shutoffs (PSPS), these power outages could last over a week. PG&E has suggested that
customers prepare for outages lasting longer than two days, particularly those who live in high-risk fire
areas. Before shutting off power, PG&E reported that it will attempt to notify affected customers with up
to 48 hours advance notice.
According to State fire investigators of the 18 Northern California fires in October 2017, all but the Tubbs
Fire were caused by PG&E’s electrical grid, Last year’s devastating Camp Fire in Butte County, the
deadliest and most destructive wildfire in State history, was also traced back to a PG&E transmission
tower. The massive and destructive wildfires from the past few years are the new normal in California.
In 2017, Northern California wildfires killed 44 people and destroyed 6,412 homes. In 2018, the Woolsey
Fire and Camp Fire killed at least 85 people and destroyed more than 18,000 structures. As of May
2019, insurance claims for these fires reached $12 billion.
Many residents in San Rafael depend on reliable electrical power for daily needs as well as medical
needs including medical equipment and care in their homes. Loss of power for any significant duration
places their safety and lives at risk. Therefore, it is necessary to add exemptions to Chapter 8.13 the San
Rafael Municipal Code (“Noise Ordinance”) to allow emergency use of portable generators and stationary
generators for the preservation of the public health, safety, and welfare.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:
Staff has prepared an ordinance that would exempt generators for emergencies and utility power outages
from the Noise Ordinance regulations. The intent is to ensure the City is prepared to review new permit
applications for stationary generators before emergencies and power outages occur. The ordinance is
attached (Attachments 1).
Noise limit on all generators is 65 dBa maximum during normal operations with no loads when measured
at seven meters and must meet setback requirements for mechanical equipment provided in Title 14.
Noise levels at 65 dBa would be similar to conversational discussion with another person or running of
common household appliances like a dishwasher or air conditioner. Stationary generators will need to
obtain building permits because of the alteration of the building electrical system, connection to the gas
line, and placement on site. Portable generators are required to be used within the manufacturer’s
recommendations and fuel storage per the Fire Code, but are not otherwise covered by the Building Code
and remain largely unregulated.
ENVIRONMENTAL REVIEW:
Staff has determined that the proposed ordinance is defined as an emergency project under the California
Environmental Quality Act (CEQA) Guidelines Section 15269c and is therefore exempt from
environmental review. This exemption applies to specific, short-term actions or activities that are
undertaken or deemed necessary to prevent or mitigate an emergency. Short-term use of a generator
during a power outage would fall in this category. This exemption would not apply to long-term projects
undertaken for the purpose of preventing or mitigating a situation that have a low probability of occurrence
in the short-term.
COMMUNITY OUTREACH:
Building Division staff reached out to several applicants with medical needs and others, including
contractors, that were interested in obtaining building permits. Staff also reached out to the Marin
Builder’s Association and San Rafael Fire Department. Ordinance information was given to the Wildfire
Advisory Committee at their meeting on October 30, 2019.
FISCAL IMPACT:
If the proposed ordinance is approved, staff anticipates an increase in the number of building permits
associated with the installation of generators, thus increasing the revenue of building permit fees. Staff
anticipates an estimated $10,000 increase in building permit revenues for the first year following approval
of the ordinance. This revenue would steadily decline in future years, as the demand for building permits
for generators decreases over time.
RECOMMENDED ACTION:
Conduct a public hearing introducing a proposed ordinance to amend Chapter 8.13 of the San Rafael
Municipal Code entitled “Noise” to exempt generators for emergencies and utility power outages from the
existing noise regulations and pass the ordinance to print.
ATTACHMENT:
1. Ordinance
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ORDINANCE NO. 1977
AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING CHAPTER
8.13 OF THE SAN RAFAEL MUNICIPAL CODE ENTITLED
“NOISE” TO ADD AN EXEMPTION FROM NOISE REGULATIONS FOR THE USE OF
GENERATORS FOR EMERGENCIES AND UTILITY POWER OUTAGES
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1. FINDINGS
WHEREAS, the City Council of the City of San Rafael deems it necessary to adopt an
ordinance to add exemptions to the Noise regulations of the San Rafael Municipal Code to allow
emergency use of portable generators not connected to a building’s electrical system and
placement of stationary generators permanently installed and connected to a building’s electrical
system, finding the need to do so based upon the following facts:
1. In February 2019, PG&E announced plans to proactively de-energize high voltage
transmission lines and distribution lines in certain circumstances to prevent destructive
wildland fires. Power outages could last over a week. PG&E has suggested that
customers prepare for outages lasting longer than two days, particularly those who live in
high-risk fire areas. Before shutting off power, PG&E says it will attempt to notify affected
customers, with up to 48 hours notice.
2. Of the 18 Northern California fires in October 2017, all but the Tubbs fire were caused by
PG&E’s electrical grid, according to state fire investigators. Last year’s devastating Camp
fire in Butte County, the deadliest and most destructive wildfire in state history, was also
traced back to a PG&E transmission tower.
3. The massive and destructive wildfires from the past few years are the new normal in
California. In 2017, Northern California wildfires killed 44 people and destroyed 6,412
homes. In 2018, the Woolsey Fire and Camp Fire killed at least 85 people and destroyed
more than 18,000 structures. As of May 2019, insurance claims for these fires reached
$12 billion.
4. Many residents in San Rafael depend on reliable electrical power for daily needs as well
as medical needs including medical equipment and care in their homes. Loss of power
for any significant duration places their safety and lives at risk.
WHEREAS, adoption of this Ordinance is consistent with the City's General Plan policies;
and
WHEREAS, the Council finds this Ordinance is defined as an emergency project under
the California Environmental Quality Act (CEQA) Guidelines Section 15269c and is therefore
exempt from environmental review. This exemption applies to specific, short-term actions or
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activities that are undertaken or deemed necessary to prevent or mitigate an emergency. Short-
term use of a generator during a power outage would fall in this category; and
WHEREAS, for all the foregoing reasons, the City Council finds and declares that adoption
of this Ordinance is necessary for the preservation of the public health, safety and welfare and is
hereby declared.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
HEREBY ORDAIN AS FOLLOWS:
DIVISION 2. MUNICIPAL CODE AMENDMENTS.
Chapter 8.13 of the San Rafael Municipal Code, entitled “Noise” is hereby amended as follows:
1. Section 8.13.020 is hereby amended to add a new definitions to read in its entirety as
follows (as shown below by strikethroughs for deletions and underline/italics for
insertions):
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.
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 seven a.m. (7:00
a.m.) and nine p.m. (9:00 p.m.) Sunday through Thursday and between seven a.m.
(7:00 a.m.) and ten p.m. (10:00 p.m.) on Friday and Saturday.
E. “Emergencies or utility power outages” means: Any city, county, or state declared
emergencies; any 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 other acts; or any event deemed to be an emergency by city
officials to preserve and protect life or property.
F. "Decibel" means the measurement unit used for the level of sound/noise.
G. "Holidays" mean those holidays designated as federal holidays and the day after
Thanksgiving.
H. "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.
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I. "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.
J. "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.
K. "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.
L. "Nighttime" for purposes of this chapter means the period between nine p.m. (9:00
p.m.) and seven a.m. (7:00 a.m.) Sunday through Thursday and between ten p.m.
(10:00 p.m.) and seven a.m. (7:00 a.m.) on Friday and Saturday.
M. "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.
N. “Portable generator” means any UL listed diesel or gas fired generator not connected
to a building’s electrical system and only intended to provide power during
emergencies or utility power outages. Generators must not exceed 69 dBA during full
speed diagnostics and normal operations when measured at 7 meters with no loads,
must meet setback requirements for mechanical equipment provided in the City of San
Rafael Zoning Ordinance, San Rafael Municipal Code Title 14 and must meet all fuel
storage requirements provided in the California Fire Code." Sound level meter" means
a device for measuring sound level in decibel units within the performance
specifications in the American National Standards Institute Standard S1.4,
"Specification for Sound Level Meters."
O. "Property plane" means a vertical plane including the property line that determines the
property boundaries in space.
P. "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.
Q. "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.
R. "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.
S. "Routine testing” means the required and routine testing per manufacturer’s
recommendations to maintain and keep ready stationary generators; usually on a
weekly or monthly schedule.
T. “Sound level meter" means a device for measuring sound level in decibel units within
the performance specifications in the American National Standards Institute Standard
S1.4, "Specification for Sound Level Meters."
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U. “Stationary generator” means any UL 2200 listed natural gas and/or propane fired
generator permanently connected to the building’s electrical system and only intended
to provide power during emergencies or utility power outages. Generators must not
exceed 69 dBA during full speed diagnostics and normal operations when measured
at 7 meters with no loads and must meet setback requirements for mechanical
equipment provided in the City of San Rafael Zoning Ordinance, San Rafael Municipal
Code Title 14.
2. Section 8.13.070 is hereby amended to read in its entirety as follows (as shown below
by strikethroughs for deletions and underline/italics for insertions):
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 eight a.m. (8:00 a.m.)
and eight p.m. (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;
H. Vehicle noise subject to regulation under the California Vehicle Code;
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.
J. Portable Generator used during emergencies or utility power outages per
manufacturer’s recommendations.
K. Stationary Generator installed and used during emergencies, utility power outages or
routine testing per manufacturer’s recommendations. Routine testing for stationary
generators shall be conducted between the hours of ten a.m. (10:00 a.m.) and four
p.m. (4:00 p.m.).
DIVISION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT
This Ordinance is exempt from the California Environmental Quality Act (“CEQA”) since it is an
emergency project under the California Environmental Quality Act (CEQA) Guidelines Section
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15269c, which applies to specific, short-term actions or activities that are undertaken or deemed
necessary to prevent or mitigate an emergency.
DIVISION 4. SEVERABILITY
If any provision of this Ordinance or the application of any such provision to any person or
circumstance, shall be held invalid, the remainder of this Ordinance, to the extent it can be given
effect, or the application of those provisions to persons or circumstances other than those to which
it is held invalid, shall not be affected thereby, and to this end the provisions of this Ordinance are
severable.
DIVISION 5. EFFECTIVE DATE OF ORDINANCE.
This Ordinance shall be published once, in full or in summary form, before its final passage, in a
newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be
in full force and effect thirty (30) days after its final passage. If published in summary form, the
summary shall also be published within fifteen (15) days after the adoption, together with the
names of those Councilmembers voting for or against same, in a newspaper of general circulation
published and circulated in the City of San Rafael, County of Marin, State of California.
_
GARY O. PHILLIPS, Mayor
ATTEST:
______
LINDSAY LARA, City Clerk
The foregoing Ordinance No. 1977 was introduced at a Regular Meeting of the City Council of
the City of San Rafael, held on the 4th day of November 2019 and ordered passed to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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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 18th day of November 2019.
_______
LINDSAY LARA, City Clerk
Legal No.
Marin Independent Journal
4000 Civic Center Drive, Suite 301
San Rafael, CA 94903
415-382-7335
legals@marinij.com
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years, and
not a party to or interested in the above matter. I am the
principal clerk of the printer of the MARIN INDEPENDENT
JOURNAL, a newspaper of general circulation, printed and
published daily in the County of Marin, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Marin,
State of California, under date of FEBRUARY 7, 1955,
CASE NUMBER 25566; that the notice, of which the
annexed is a printed copy (set in type not smaller than
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement
thereof on the following dates, to-wit:
10/25/2019
I certify (or declare) under the penalty of perjury that the
foregoing is true and correct.
Dated this 25th day of October, 2019.
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Marin
Signature
PROOF OF PUBLICATION
0006414578
2070419
CITY OF SAN RAFAEL
CITY OF SAN RAFAEL
CITY CLERK, ROOM 209
1400 FIFTH AVENUE, SAN RAFAEL, CA 94901
SAN RAFAEL, CA 94915-1560
r.BP7-11/10/16 1
CITY OF SAN RAFAEL
NOTICE OF PUBLIC HEARING
BEFORE THE SAN RAFAEL CITY COUNCIL
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SAN RAFAEL AMENDING CHAPTER
8.13 OF THE SAN RAFAEL MUNICIPAL CODE TO
ADD AN EXEMPTION FROM NOISE REGULA·
TIONS FOR THE USE OF GENERATORS FOR
EMERGENCIES AND UTILITY POWER OUTAGES
DATE/TIME: Monday, November 4, 2019
at 7:00 PM
LOCAT ION : City Council Chambers, City Ha ll ,
1400 Fifth Avenue, San Rafael, CA
PURP OS E: Th e San Rafael City Council w ill hold
a public hearing to r eceive public comments
and to consider adoption of a proposed ordi-
nance to amend Chapter 8.13 of the San Rafael
Municipal Code ("Noise") to exempt genera-
tors used for emerge ncies and utility power
outag es from the chapter's noise regulations.
IF YOU CANNOT ATTEND:
You can send a letter with your comments
regarding the proposed ord in ance to Linds ay
Lara, City Clerk, City of San Rafae l, 1400 Fifth
Avenue, San Rafae l CA 94901, or by emai l to
lindsay.la ra@cityofsanrafael.org. You can
also hand deliver a letter prior to the public
hearing.
FOR MOREFor additional information regarding
the above, you can contact Don Jeppson, Chief
Building Official for the City of San Rafa el at
(415) 485-3357 . Office hours are Monday-
Friday, 8:30 AM to 5:00 PM .
Lindsay Lara
City Clerk
City of San Rafae l
NO.1339 OCT. 25, 20 19