O 476 C.S.
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ORDINANCE NO. 476 C.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ADOPTING A NEGATIVE
DECLARATION, INSTRUCTING THE CITY CLERK TO
FILE A NOTICE OF DETERMINATION, AND ADOPTING
MUNICIPAL CODE TITLE 5 CHAPTER 21, ENTITLED
"NOISE"
WHEREAS, Section 65302 of the California Government Code directs all cities and
counties to prepare General Plan Noise Elements; and
WHEREAS, on June 8, 1993 the City Council of the City of Arroyo Grande adopted
a General. Plan Noise Element; and
WHEREAS, the City of Arroyo Grande has detennined that it is appropriate and
necessary to adopt an ordinance to implement the noise level standards contained in General Plan
Noise Element; and
WHEREAS, a noticed public hearing was held by the Planning Commission on April
18, 1995 at which all interested persons were given the opportunity to be heard; and
WHEREAS, the Planning Commission on April 18, 1995 recommended that the City
Council adopt Municipal Code Title 5 Chapter 21 entitled "Noise"; and
WHEREAS, a noticed public hearing was held by the City Council on May 14, 1996
at which time all interested persons were given the opportunity to be heard; and
WHEREAS, the City Council reviewed the potential environmental impacts. of the
proposed Noise Ordinance in compliance with California Environmental Quality Act (CEQA),
the State CEQA Guidelines, and the City's Rules and Procedures for Implementation of CEQA;
and
WHEREAS, the City Council has reviewed and considered the information and public
testimony presented at the public hearing and in the proposed document and staff report; and
WHEREAS, the City Council finds~ after due study, deliberation, and public hearing that
the following circumstances exist:
1. The proposed addition of Title 5, Chapter 21 "Noise" is consistent with the goals,
objectives, policies, and programs of the General Plan and specifically the Noise Element
of the General Plan.
2. The proposed addition of Title 5, Chapter 21 "Noise" is necessary and desirable to
,. implement the provisions of the Noise Element of the General Plan.
3. Based on the Initial Study and all the comments received, the potential environmental
impacts of the addition of Title 5, Chapter 21 "Noise" are insignificant.
Department of FISh and Game Required Fmdings of Exemption
1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of
the Guidelines of the California Environmental Quality Act (CEQA), for Title 5, Chapter
21 "Noise".
2. Based on the initial study, a negative declaration drafted for review by the public and
review and approval by the City Council.
Ordinance No. 476 C. S .
"Noise"
May 14, 1996
Page 2
3. After holding a public hearing pursuant to State and CitY Codes, and considering the
record as a. whole the City Council adopted the negative declaration and found that there
. is no substantial evidence of any significant adverse effect, either individually or
cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game
Code or on the habitat upon which the wildlife depends as a result of development of this
project.
NOW, THEREFORE, BE IT ORDAlNED that the City Council of the City of Anaya
Grande, California does hereby adopt a negative declaration, instruct the City Clerk to file a
Notice of. Determination and adopts Municipal Code Title 5 Chapter 21 entitled "Noise"
attached hereto as "Attachment "A" cmd incorporated herein by refereg,ce.
A summary of this ordinance shall be published in a newspaper published and circuIated
in the City of AIroyo Grande at least five (5) days prior to the City Council meeting at which
the proposed ordinance is to be adopted. A certified copy of the full text of the proposed
ordinaBce shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption
of the ordinance, the snmmary with the names of those City Council members voting for and
agamst the ordinance shall be published again, ami the City Clerk shall pOSt a certified copy of
the full text of such adopted ordinance.
On motion of Council Member Lady , seconded by Council Member Fuller ,
and by the following roll call vote, to wit
A~: Council Members Lady, Fuller, Souza, and Mayor Dougall
NOES: None
ABSENT: Council Member Brandy
the foregoing Resolution was adopted this 28t:hday of May , 1996.
ATTEST:
~a.~
NANCY A. VIS, CITY CLERK
APPROVED AS TO CONTENT:
tL-qrL. +t~
ROBERT L. HUNT, CITY MANAGER
APPROVED AS TO FORM:
-d~~ -C-
1ThfO~ J. , CITY ATTORNEY
d: \ord\noisc.cc.mcl
Ordinance No. 476 c. S .
"Noise"
May 14, 1996
Page 3
I, NANCY A. DA VIS, City Clerk of the City of AIroyo Grande, County of San Luis
._~ Obispo, State of California, do hereby certify, under penalty of perjury, that the foregoing
r Ordinance No. C.S. is a true, full and correct copy of said Ordinance passed and adopted at
a regul~ meeting of the Arroyo Grande City Council on the 28th day of ~ 1996.
WITNESS my hand and the Seal of the City of AIroyo Grande affixed this 30thday of
May , 1996.
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Ordlnance No. 4/b C.S.
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A TT ACHl\1ENT "A"
TITLE 5
Chapter 21 NOISE
Sec 5-21.01 - Noise Standards: This chapter establishes standards for acceptable exterior and
interior noise levels and describes how noise is to be measured. These standards are intended
to protect persons from excessive noise levels, which are detrimental to the public health,
welfare and safety and contrary to the public interest because they can: interfere with sleep,
communication, relaxation and the full enjoyment of one's property; contribute to hearing
impainnent and a wide range of adverse physiological stress conditions; and adversely affect the
value of real property. It is the intent of this chapter to protect persons from excessive levels
of noise within or near various residential development and other specified noise-sensitive land
uses.
Sec 5-21.02 - Definitions:
A-Weighted Sound Level: The sound level in decibels as measured on a sound level meter using
the A-weighting network (scale) at slow meter response. The unit of measurement is referred
to as dB.
Ambient Noise Level: The composite of noise from all sources excluding the alleged offensive
noise. In this context, the ambient noise level is the normal or existing level of environmental
noise at a given location for a specified time of the day or night.
Decibel. dB: A unit for measuring the amplitude of a sound, equal to twenty times the
logarithm to the base ten of the ratio of the pressure of the sound measured to the. reference
pressure, which is twenty micropascals.
Equivalent Sound Level (Lcq): The sound level containing the same total energy as a time
varying signal over a given sample period. Lcq is typically computed over 1, 8 and 24-hour
sample periods.
Impulsive Sound or Noise: Sound of short duration, usually less than one second, with an
abrupt onset and rapid decay. Examples of impulsive sound include explosions, hammering and
discharge of firearms.
Intruding Noise Level: The sound level created, caused, maintained, or originating from an
alleged offensive source, measured in decibels, at a specified location while the alleged offensive
source is in operation. .
Noise: Any sound that can be measured on a A-weighted sound level meter.
Simple Tone Noise: Any noise which is distinctly audible as a single pitch (frequency) or set
of pitches as determined by the City.
Sound Level Meter: Any instniment for the measurement of sound levels, which meets or
exceeds the American National Standard Institute Standard S1.4-1971 for Type 1 or Type 2
sound level meters, or an instrument and the associated recording and analyzing equipment
which will provide equivalent data.
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Sec 5-21.03 - Exceptions to Noise Standards: The standards of this chapter are not applicable
to noise from the following sources:
a. Activities conducted in public parks, public playgrounds and public or private school
. grounds, including but not limited to school athletic and school entertainment events;
b. The use of any mechanical device, apparatus or equipment related to or connected with
emergency activities or emergency work to protect life or property;
c. Safety signals, warning devices, and emergency pressure relief valves;
d. Noise sources associated with construction, provided such activities do not take place
before seven a.m. or after ten p.m. or any day except Saturday or Sunday, or before
eight a.m. or after five p.m. on Saturday or Sunday;
e. Noise sources associated with the routine maintenance of a residential, commercial,
industrial, or public/quasi-public property provided that such maintenance activities take
place between the hours of seven a.m. and ten p.m.;
f. Noise sources associated with agricultural land uses, including but not limited to wind
machines used for direct climate control, water well pumps and pest-repelling devices,
provided that such pest-repelling devices are used in accordance with accepted standards
and practices;
a Noise sources associated. with a lawful use which is other than a residential use caused
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by mechanical devices or equipment, including air conditioning or refrigeration systems,
installed prior to the effective date of this chapter; this exemption shall expire one year
after the effective date of this chapter;
h. Noise sources associated with work performed by the City or private or public utilities
in the maintenance or modification of its facilities;
1. Noise sources associated with the collection of waste or garbage from property devoted
to other than residential uses.
J. Any activity to the extent regulation thereof has been preempted by state or federal law .
Sec. 5-21.04 - Exterior Noise Level Standards: The exterior noise level standards of this section
are applicable when a land use affected by noise is one of the following noise-sensitive uses:
Residential development,
Schools, preschools, child care facilities,
Hospitals, nursing homes,
Churches,
'. Meeting halls, auditoriums, music halls, theaters, libraries, museums,
Transient lodging - motels, hotels, bed and breakfast inns, recreational vehicle parks and
campgrounds,
Playgrounds, parks, and
Offices
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a. No person shall create any noise or allow the creation of any noise at any location within
the City on property owned, leased, occupied or otherwise controlled by such person
which causes the exterior noise level when measured at any of the preceding noise-
sensitive land uses to exceed the noise level standards in the following table. When the
receiving noise-sensitive land use are playgrounds or parks, the following noise level
standards shall be increased by 10 dB.
I EXTERIOR NOISE LEVEL STANDARDS I
Daytime Nighttime1
(7 a.m. to 10 p.m.) (10 p.m. to 7 a.m.)
Hourly Equivalent Sound Level
(Lcq, dB) 50 45
Maximum level, dB 70 65
lApplies only to uses that operate or are occupied during nighttime hours.
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b. In the event the measured ambient noise level exceeds the applicable exterior noise level
standard in subsection (a), the applicable standard shall be adjusted so as to .equal the
ambient noise level.
c. Each of the exterior noise level standards specified in subsection (a) shall be reduced by
five dB for simple tone noises, noises consisting primarily of speech or music, or for
recurring impulsive noises. .
d. If the intruding noise source is continuous and cannot reasonably be discontinued or
stopped for a time period whereby the ambient noise level can be measured, the noise
level measured while the source is in operation shall be compared directly to the exterior
noise level standards.
Sec. 5-21.05 - Interior Noise Level Standards: The interior noise level standards of this section
are applicable when the land use which is the source of noise and the land use which is affected
by nois'e are both residenti~ uses.
a. No person shall operate or cause to be operated a source of noise within a residential use
in any location in the City or allow the creation of any noise which causes the noise level
when measured inside a neighboring residential use to exceed the interior noise level
standards in the following table:
I 1NTERIOR NOISE LEVEL STANDARDS I
Daytime Nighttime
(7 a.m. to 10 p.mM) (10 p.m. to 7 a.m.)
Hourly Equivalent Sound Level
(Lcq, dB) 40 35
Maximum level, dB 60 .55
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b. In the event the measured ambient noise level exceeds the applicable interior noise level
standard in subsection (a), the applicable standard shall be adjusted so as to equal the
ambient noise level.
c. Each of the interior noise level standards specified in subsection (a) shall be reduced by
five dB for simple tone noises, noises consisting primarily of speech or music, or for
recurring impulsive noises.
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! d. If the intruding noise source is continuous and cannot reasonably be discontinued or
stopped for a time period whereby the ambient noise level can be measured, the noise
level measured while the source is in operation shall be compared directly to the interior
noise level standards.
Sec. 5-21.06 - Other Noise Sources: The noise level standards in this section apply to the
following noise sources:
a. Air conditioning and "refrigeration: Notwithstanding the provisions of Section 5-21.04,
when the intruding noise source is an ,air conditioning or refrigeration system or
associated equipment installed prior to the effective date of this chapter, the exterior
. noise level as measured as provided in Section 5-21.01 shall not exceed 55 dB, except
where such equipment is exempt from the provisions of this chapter. The exterior noise
level shall not exceed fifty dB for such equipment installed or in use after one y~ after
the effective date of this chapter.
b. Waste and garbage collection eauipment: Notwithstanding the .provisions of Section 5-'
21.04, noise sources associated with the collection of waste or garbage from' a residential
use by persons authorized to engage in such activity, and who are operating truck-
mounted loading or compacting equipment, shall not take place before seven a.m. or
after seven p.m., and the noise level created by such activities when measured at a
distance of fifty feet (50') in an open area shall not exceed the following standards:
(1) Eighty-five (85) dB for equipment in use, purchased or leased within six months
from the effective date of this chapter.
(2) Eighty (80) dB for the equipment set forth above after five years from the
effective date of this chapter.
(3) Eighty (80) dB for new equipment purchased or leased after six months from the
effective date of this chapter.
(4) Seventy-five (75) dB for new equipment purchased or leased after thirty-six
~ months from the effective date of this chapter.
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s Electrical substations: Notwithstanding the provisions of Section 5-21.04, noise sources
c.
associated with the operation of electrical substations shall not exceed an exterior noise
level of fifty (50) dB.
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Ordinance No. 4/b c.~.
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Sec 5-21.07 - Noise Level Measurement: For the purpose of evaluating conformance with the
standards of this chapter, noise levels shall be measured as follows:
a. Use of meter: Any noise measurement made pursuant to the provisions of this chapter
shall be made with a sound level meter using the A-weighted network (scale) at slow
meter response. Fast meter response shall be used for impulsive type sounds.
Calibration of the measurement equipment utilizing an' acoustical calibrator shall be
performed immediately prior to recording any noise data.
b. Measuring exterior noise levels: Except as otherwise provided in this chapter, exterior
noise levels shall be measured at the property line of the affected noise-sensitive land use
listed in Section 5-21.04. Where practical, the microphone shall be positioned three to
five feet above the ground and away from reflective. surfaces.
c. Measurin~ interior noise levels: Interior noise levels shall be measured within the
affected residential use listed in-Section 5-21.05, at points at least four (4) feet from the
wall, ceiling or floor nearest the noise source, with windows in the normal seasonal
configuration. The reported interior noise level shall be determined by taking the
arithmetic average of the readings taken at the various microphone locations.
Sec 5-21.08 - Violations: The violation of any of the provisions of this chapter shall be an
infraction. The provisions of this chapter may also be enforced by an injunction issued from
the Superior Court upon suit of the City. An.y violation of the provisions of this chapter shall
be deemed to be a public nuisance.
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