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10.06 NOISE ELEMENT_ADDITONAL DOCUMENTS_OCTOBER 1974
*NEW FILE* 10.06 NOISE ELEMENT ADDITIONAL DOWMENTS_OCTOBER 7974 ?" PENT RESOLUTION NO. 5 3 G A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING THE NOISE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN WHEREAS, a phase of the city' s General Plan Program has involved the preparation of a Noise Element; and WHEREAS , this Element sets forth objectives and supporting policies which will serve as a guide for the future planning and development of the City; and WHEREAS, the Planning Commission of -the City of Newport Beach, pursuant to Section 707 of the Newport Beach City Charter, has held a public hearing -to consider the adoption of the Noise Element as a part of the City' s General Plan' and has adopted and has recommended that the City Council adopt said element; and WHEREAS, the City Council has conducted a public hearing to consider the adoption of -the Noise Element as a part of the City' s General Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach does hereby adopt -the Noise Element described above, a copy of which is on file in the office of the City Clerk. ADOPTED this 15th day of October 1974. Mayor ATTEST: 1"FOLIE7 OD"® .a !1 DO NOT RCMOV@ City Clerk DDO/bc 10/9/7n 1 COUNCILMEN CIIf OF NEWPORT BE*H MINUTES ROLL CALL N % f N Z a t0 OctoberINDEX Councilman Ryckoff stated for the record that he had o the Tentative Map when it first came up and he still oppose ro�ect, but that he would support the revision because of�th based development. Ayes x x x x A vote was taken on Councilman Store's mots hich motion carried. 3. Mayor McInnis opened the public hearing regarding General the adoption of the Noise Element of the Newport Plan Beach General Plan and the acceptance of an Environ- mental Impact Report (EIR/NB 74-d 7_. A report was presented from the Community Develop- ment Department. Milton Crane addressed the Council regarding the air- port noise. William Lindmeyer addressed the Council in support of the Noise Element. Jack Swing, representing Wyle Laboratories, addressed the Council and summarized their analysis. Motion x The hearing was closed. Ayes K x x x x x Motion x Environmental Impact Report EIR/NB 74-047 was accepted, Ayes K x x x x x I and the following resolution was a opte Resolution No. 8366 adopting the Noise Element R-8366 of "£fio Newport Beacli Cenerallan. 4. Mayor McInnis opened the public hearing regarding Alley consideration of alley paving in Block 10, East New- Paving/ port (City block bounded by 6th Street, Island Avenue, Blk 1 Balboa Boulevard and Ocean Front) using the procedure of Chapter 27 of the Improvement Act of 1911. A report was presented from the Public Works Directo . Mrs. Jane Lamar, representing the Ebell Club, addressed the Council and protested the all p ving. Motion x The hearing was closed after it was deter ed that Ayes C x x x x x no one else desired to be heard. r Motion The staff was directed to have subs c`t alley paved Ayes C x x x x x per plans as submitted, under the rocedures of Chapter 27 of the Improvement A'oE of 1911; and the staff was directed to make a special agreement with the Ebell Club to spread their assessment payments over a ten year period. 5. Mayor McInnis opened,the public hearing regarding Alley consideration of alley paving in Block 331, Lan- Paving/ caster's Addition, (City block bounded by 30th Street, Blk 331 31st Street, Viiia Way and Newport Boulevard) using the procedur of Chapter 27 of the Improvement Act of 1911. f Volume 28 - Page 247 u • •OMMUNITY DEVELOPMENT RESOLUTION NO. 8 36 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING THE NOISE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN WHEREAS, a phase of the City' s General Plan Program has involved the preparation of a Noise Element; and WHEREAS, this Element sets forth objectives and supporting policies which will serve as a guide for the future planning and development of the City; and WHEREAS, the Planning Commission of the City of Newport Beach, pursuant to Section 707 of the Newport Beach City Charter, has held a public hearing to consider the adoption of the Noise Element as a part of the City' s General Plan and has adopted and has recommended that the City Council adopt said element; and WHEREAS, the City Council has conducted a public hearing to consider the adoption of the Noise Element as a part of the" City' s General Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach does hereby adopt the Noise Element described above, a copy of which is on file in the office of the City Clerk. ADOPTED this 15th day of October , 1974. Mayor ATTEST: City Clerk DDO/bc 10/9/74 • /0.03 City Council Meeting October 15 , 1974 Agenda Item No . D-3 CITY OF NEWPORT BEACH October 8, 1974 TO: City Council FROM: Department of Community Development SUBJECT: Public Hearing on the Noise Element and Environmental Impact Report (EIR/NB 74-047 ) of the Newport Beach General Plan . At the September 30, 1974 City Council meeting , the Council set a public hearing for the October 15 , 1974 City Council meeting on the Noise Element of the Newport Beach General Plan and Environmental Impact Report EIR/NB 74-047. The Planning Commission at a public hearing on August 29 , 1974 recommended City Council adoption of this Noise Element and acceptance of EIR/NB 74-047. Copies of the Noise Element, EIR/NB 74-047 , relevant Planning Commission minutes , and supportive consultant reports were distributed to the City Council with the packet for the September 30 , 1974 Council meeting . Recommendation Staff recommends that the City Council adopt Resolution No. , adopting the Noise Element of the Newport Beach General Plan "Um, 0 L Ea Q'IZ-o"(DPY DO NOT REMOVE • • TO : City Council - 2 and accepting EIR/NB 74-047. Respectfully submitted , COMMUNITY DEVELOPMENT DEPARTMENT .. HomeyxOn ,, �D• ector ' RVN :TC: jmb , AFFIDAVIT OF PUBLICATION D -3 NEWPORT HARBOR ENSIGN STATE OF CALIFORNIA I ss. County of Orange I. ...............ARu'Q...&...11MRA................ being first duly sworn, and on oath depose and say that I am the printer and publisher of the Newport Harbor Ensign, a weekly newspaper printed and published in the City of Newport Beach, County of Orange, State of California, and that the.... NOIZC,E.,,OF,,, Q3LIC„HEARING„ -• - 'U"L NOTICE ............................................................................................................ NOTICE'OF PUBLIC HEARING ....................................................................................of which NOTICE IS ,HEREBY GIVEN copy attached hereto is a true and complete copy, was that the •CIty Council of the printed and published in the regular issue(s) of said City of Newport Beach.will hold a public hearing regarding newspaper, and not in a supplement, ......a........... consecu- consideration of adoption of the five times: to-wit the issue(s) of Noise Element of the�Newport Beach General Plan andac- ..............................Oct..... 3t....]1274................. ceptanee.of an Environmental Impact Report (PlIt NB 74 047). NOTICE IS HEREBY FUR-. ..................................................................................... THER GPJEN that the saidpub- lie hearing will be held on the 15th day of October, 1974, at .................................................................................... the hour of 7:30 P.M. in the Council!Chambers of the City I:u_ ,{ ` Hall .of; the City of Newport � LJ ,. (Signed)............................................. . ................/ Beach,California,atwhich time and place any and all persons. Subscribed and sworn to before me this.....3ra..day of interested may appear and be Uc t ob e r 74 heard thereon.. . ............................. Is......... Laura Lagios City Clerk R 't ° n City of Newport Beac a....'..:...:............. :...::.............r.............:. ...�... Publish: Oct. 3 1974 in the Notary Public inand for the ( Newport Harbor EnsigiL County of Orange, State of California. i� OFFICIAL SEAL ' L •-���cch��[[[�% PAARY A, HAAPA { —n ty�:<ry Public-Coflomia PRIMCIVAI OFFICE IN �' ORANGE COUNTY .,�&'�`�`-'CO,YIMISSION EXPIRES DECiM6ER LD,I'f�{ DO NOT REMOVE ' COUNCILMEN CITY OF NEWPORT BEACH MINUTES N0 ROLL CALL � �➢'y �a r September 30 1974 INDEX One Police Emergency Equipment Dispatcher in the Police Department to fill a position now vacant. On olice Clerk I in the Police Department to fill a position �w vacant. Three Refuse Crewmen - the General Services Department to fill positions now vaca -G. `_` One Groundsman Gardener I in the Par sk , eaches and Recreation Department to fill a position to be.yacant. One Administrative Assistant in the City Manager's offic for a position now vacanr_. 9. The following staff and committee reports were received and or�lc er--`e3'f3Te3: Report from Community Development Department regarding Noise recommendations of the Planning Commission in connection with noise ordinance. Memorandum from the City Attorney regarding Coastal EIR's Commission authority to require an EIR. Memorandum from the Chairman of the Citizens Environ- P lution mental Quality Control Advisory Committee regarding litter management and solid waste manageme/on mendations. 10. The following matters were set for public October 15, 1974: Consideration of adoption of the Noise E1gGeneral Newport Beach General Plan and acceptan,94 of an Environ- Plan mental Impact Report (EIR/NB 74-047) . 1(A report from the Community Development Departmen was presented.) Tentative Map of Tract No. 8480 (Revised), revision of Tract 8480 a previously approved Tentat a Map so as to subdivide 7.00 acres into four lots r residential condominium development where a one of subdivision was originally proposed, portion of Bock 55, Irvine's Subdivision located at the southeasterly corner of the proposed extension of Santa Barbara Drive and proposed San Clemente Drive Newport Center, zoned P-C. (A report from the Co ity Development Department was presented.) Tentative7Map of Tract No. 8762, subdividing 45.905 Tract 8762 acres eAo six lots for commercial development and one lot a•common parking lot, located on property bounded by MacArthur Boulevard, Von Karman Avenue, Birch ,Street and Jamboree Road in Koll Center Newport, zoned P-C. (A report from the Community Development Depart- ment was presented.) Consideration of alley paving in Block 10, East Newport Alley / (City block bounded by 6th Street, Island Avenue, Balboa Paving/ Blk 10 Volume 28 - Page 241 f' t � COUNCILMEN CITY OF NEWPORT BEACH MINUTES Pj 03 fv 0�0 ONa oil' �O v Z 1�a INDEX ROLL CALL m '� � N 2 A m September: 30 1974' \ One Police Emergency Equipment Dispatcher in the Police Department to fill a position now vacant. IN One Police Clerk I in the Police Department to fill a position now Vacant. Three Refuse Crewmen in the General Services Department t fill positions now vacant. One Gro ndsman Gardener I in the Parks, Beaches and Recreations epartment to fill a position to be vacant. One Administrat q Assistant in the City Manager's offic for a position now` Vacanr. 9. The following staff and bmmittee reports were received and ordered filed: Report from Community Development Department regarding Noise recommendations of the Planning Commk"ion in connection with noise ordinance. Memorandum from the City Attorney regarding Coastal EIR's Commission authority to require an FIR. Memorandum from the Chairman of the Citizens Environ- Pollution mental Quality Control Advisory Committee regarding litter management and solid waste management recom- mendations. 10. The following matters were set for public hearing on October 15, 1974: Consideration of adoption of the Noise Element of the General Newport Beach General Plan and acceptance of an Environ- Plan mental Impact Report (EIR/NB 74-047) . A report rom the Community Development Department was presented.) Tentative Map of Tract No. 8480 (Revised) , revision of Trac 480 a previously approved Tentative Map so as to subdivide 7.00 acres into four lots for residential condominium development where a one lot subdivision was originally proposed, portion of Block 55, Irvine's Subdivisi� located at the southeasterly corner of the proposed extension of Santa Barbara Drive and proposed"San Clemente Drive in Newport Center, zoned ],�C. (A report from the Community Development Depart et was presented.) Tentative Map of Tract No. 8762 subdividing 45.905 Tract 8762 acres into six lots for co cial development and one lot for a• common parking t, located on property bounded by MacArthur levard, Von Korman Avenue, Birch Street and Jambore oad in Koll Center Newport, zoned P-C. (A reporter� rom the Community Development Depart- ment was pre tinted.) Consi ation of alley paving in Block 10, East Newport Alley (C block bounded by 6th Street, Island Avenue, Balboa Paving/ Blk 10 f Volume 28 - Page 241 is 03 City, Council Meeting September 30 , 1974 Agenda Item No . H-7( a ) CITY OF NEWPORT BEACH September 23 , 1974 TO : City Council FROM: Department of Community Development SUBJECT: Noise Ordinance At the August 29 , 1974 Planning Commission meeting , the Commission tabled consideration of the proposed Noise Ordinance. Attached are copies of the relevant pages of the Planning Commission minutes , a copy of the memo from Chief Glavas to the Planning Commission , and a copy of the Noise Ordinance as considered by the Planning Commission . (The proposed Noise Ordinance is essentially the same as the Orange County Noise Ordinance . ) The Planning Commission , in general , expressed the following concerns with the proposed Noise Ordinance : 1 ) The types of noise sources that the proposed Ordinance is primarily directed to (noise created on private property and of a continuing nature , such as industrial operations ) are not major problems in Newport Beach , and 2) The major noise sources are aircraft and motor vehicles which cannot be controlled directly by local ordinance , and 3) The public nuisance noises (loud parties , etc . ) are currently being controlled by the Police Department under existing regulations . Respectfully submitted , (�a COMMUNITY DEVELOPMENT DEPARTMENTp®�1 R. V . Hogan , Director DO NOT REMOVE By T . m owell TC: jmb Advance P nning Administrator Att. 'COMMISSIONERS •CITY OF NEWPORT BUCK 9C M Y m 9 m MINUTES ROLL CALL August 29 , 1974 INDEX seriousness or meaning , he could read into it that someone may cite this as proof at a later date that this is factual information . Commissioner Beckley stated that he does not believe the conclusion and that he believes the techniques used in the appriasal but not the reasons for them. Commissioner Beckley stated that he does not support this portion of the element . Motion x .Motion that the Planning Commission adopt All Ayes solution 895 recommending to City� Council Absent x th adoption of the Noise Element and the acce ante of EIR/NB 74-047 , with the following revisi rLs\ to the element: 1 . Page3� Proposal No,/ 1 , add the following sentence'. " It is r•ccognized that revisions to the CAC equip•c�ments will be necessary to assure re at5ability and practicability in their appy tion to single-family residentiay deve pment. " 2. Page 39 , Proposal X lace with the foll. ing : "Consioption of a to noise controe. " , an to admonish the authors of t'h.� study p epared by Mawhinney and Long with.,a finding 'that the Mawhinney and Long report i3 suspect for some of the reasons earlier mention d in Commissioner Beckley ' s statement. \ Commissioner Seely requested that his voting\ for the element not be interpreted as a full - ' ., hearted endorsement of all the conclusions ` of the Mawhinney and Long report or of certain of the specifics of the Orange County Airport Policy which he agrees with the purpose but thinks some of the specific objectives are rather inflexible. -- - - - - -- --- --- -- ----- - - -- --- -Item #6 Proposal to amend the Newport Beach Municipal Noise Code by the adoption of a Noise Ordinance Ordinance (Continued Public Hearing ) . Tabled Initiated: The City of Newport Beach Community Development Director Hogan stated that the Commission has already considered this -9- COMMISSIONERS •CITY OP NEWPORT B&CH MINUTES ROLL CALL August 29 , 1974 INDEX Ordinance to some extent and has directed that it be brought back to them at the time the Commission considered the Noise Element. Advance Planning Administrator Cowell appeared before the Planning Commission and answered questions of the Commission relating to the fact that the proposed Ordinance is basically the Ordinance that was adopted by the County , and that the County hope<. that all cities will adopt such an Ordinance resulting in County-wide uniformity. Community Development Director Hogan advised the Commission that the City is not plagued with the kinds of operations that create noises of the type that this Ordinance is specifically designed to control and that most of the noises the City, has complaints about are those that are made by people in their every day activities , i . e. , loud stereos , parties , etc . Mr. Hogan further advised that the staff has no findings but perhaps the Planning Commission has some examples of noise sources that really should be controlled and would be effectively controlled by this Ordinance. He stated that the staff does not have the kind of evidence to enthusiastically support the Ordinance for that purpose. Planning Commission discussed that an individual cannot tell whether the levels that are proposed would not in actuality eliminate the kinds of noises that we tolerate or make them illegal . Chief Glavas appeared before the Planning Commission and stated that he feels that this Planning Commission as well as former Planning Commissions have done an admirable job insofar as keeping noisier areas from quieter ones . He then urged the Commission to "go slow" in an Ordinance whereby they adopt objective standards that may , in fact , .inhibit doing a job for the people of this community in terms of eliminating objectionable noise. He stated that for six years the Police Department has been attempting to get realistic decibel noise level ratings adopted by the California Highway Patrol and that they still find that despite some reduction , the .decibels permitted by the California Vehicle Code , adopted by the California Highway Patrol are -10- COMMISSIONERS CITY OF NEWPORT OACH m m£ Z m y MINUTES ROLL CALL m p m August 29, 1974 INDEX still in the terms of most people too high . He stated that thl Police Department has attempted to go out on the oadway and test under very exacting conditions and they find that very few vehicles exceed the decibel limit placed by the Vehicle Code . He pointed out that he feels the Police Department has been rather successful in stopping and eliminating those normal sources of noise which are found most objectionable in this community. He further stated that Newport Beach has a 1'imited amount of industry , a great amount of residential , and a considerable amount of commercial . He informed the Commission that the residential noise is generally from the residential occupants of the area and that he feels the Police Department has been reasonably successful in dealing with this . He stated that the Police Department deals with noise on a rather subjective basis , i . e. , if neighbors complain and find it objectionable and the Police Department finds that a substantial number of people in the area are disturbed , that is sufficient for the Police Department to act upon . He stated that once an Ordinance of this type is adopted , if the Police Department tries to proceed subjectively , he is sure that the courts will very shortly begin to question their subjective evaluations and suggest that as long as they have adopted objective standards , they should provide the court with the information relative to exceeding the objective standards . He then stated that this can be a very irksome and trying process because the testing process using a decibel meter has to be dealt V th in a court in terms of whdre it was placed , what obstructions , shrubbery , and the surrounding areas are relative to the use of the decibel meter. He informed the Commission that it isn ' t simply a matter of puttin the decibel meter down and getting a reading . lie stated that he made inquiry of the City of Ingle- wood , who adopted a very similar Noise Ordinance which gave authority to a department similar to the Newport Beach Community Development Department and did supply the supervising members of the Inglewood Pblice Department with decibel meters . He stated that he was told they are not using the decibel meters and they are referring all noise complaints to the Planning Agency , and , therefore , the City is getting referrals instead of action in response to their noise complaint's . He then read a report from P . Patrick Mann , Environmental Standards Supervisor, regarding -11 - COMMISSIONERS WITY OF NEWPORT BOCH m m y m m m ya F MINUTES < f m p 3 ROLL CALL m p N August 29 , 1974 INDEX a summary of Noise Ordinan.--e enforcement information . He then stated that he wonders if it is necessary to add additional personnel to do a job that is presently handled in a satisfactory manner with existing personnel . He stated that if there is an overriding peed in the minds of the Commission , that they give some serious consideration to looking at. the Ordinance again in terms of perhaps dividing the enforcement responsibilities and eliminating the decibels of noise as an objective criteria for neighborhood noise that needs more immediate attention than coming out with a decibel meter. He then answered questions of the Commission pertaining to the amount of noise complaints received in a month and discussed the Criminal Abatement Process with the Commission . Public hearing was opened in connection with this matter and there being no one desiring to appear and be heard , the public hearing was closed. Motion x Following discussion , motion to table consideratio of the Noise Ordinance . Commissioner Seely stated that if this motion is approved , it might be appropriate for the staff to communicate this action to the Orange County Health Department and perhaps leave the door open for them to advise the Commission of the experiences , if any , that other cities may have that might make the Commission want to reconsider the Ordinance at some future time. Commissioner Parker stated that there apparently is no demonstrable noise problem in Newport Beach that this proposed Ordinance addresses itself to , and in his view this proposed Ordinance does not control , or attempt to control , the major sources of noise , i . e . , helicopter and airplane overflight and traffic noise. He stated that it will definitely complicate enforcement problems and if anything , has a tendency to perhaps encourage noise problems over and above what the City has now due to failure to enforce under this Ordinance. He stated that in his view it tends to once again expose the City to further outside governmental control over our own affairs by the County. Commissioner Beckley stated that he does not believe the proposed noise standards or the -12- COMMISSIONERS CITY OF NEWPORT RACH MINUTES August 29, 1974 ROIL CALL INDEX effect of the proposed standards is well enough understood to consider them as valid . Motion x Motiod to table consideration of, the Noise All Ayes Ordinance . Absent ADDITIONAL BUSINESS -- Item #7 Proposal of M. J . Brock and Sons to modify the street and lot design within a portion of Proposal Tentative Tract 7967 in Jasmine Creek so as to to/modify permit the construction of one-story dwellings t e where split-level homes would otherwise be / street required . and lot desi n Community Development Director Hogan stated .trhat within a some of the Commissioners saw this particu,.l'ar ortion of request at their Study Session of the la�srt Tentative meeting . He then stated that this is a. request Tract \essentia eveloper to approve a modification 7967 entative map which does not,.substantially Approved ale tentative map and , subsequently , included at the time they submit the He clarified that this/proposal is lly the opening of s9fne of those streets w13 • ch are presently/ closed and in cul -de-sac James Hewicker,\Assistant Director - Planning , showed the Planni g Commission on the map the three cul -de-sacs'% at would be removed. He stated that this ,-Pr o osal is to eliminate the area which was i'n the ul -de-sac and bring the streets through so that they tie into the loop collector. ,Afe then state that from a Public Works and fire standpoint , he design that is proposed is far superior to at which was originp9ly considered under th tentative map . lie fyther stated that the area hat is in the cul -'de-sacs would be used to enla a the lot t}xey have now and in so enlarging t e lot, would tie able to get a single-story dwellin on the larger parcel where they have a split- vel home on a smaller parcel . He informed t e Commission that there is no increase in th i number of lots and no increase in ridge hei t. Community Development Director Hogan explained\ that the staff ' s major concern in examining this proposal was to make sure the developer did not in any way encroach into those ridge height lines that were approved by the Planning -13- CITY OF NEWPORT BEACH POLICE DEPARTMENT July 12, 1974 TO: Tim Cowell, Advance Planning Administrator FROM: Chief of Police SUBJECT: NOISE ORDINANCE I have read with interest the proposed noise ordinance which I understand is essentially the same as one adopted by the County of Orange., While I recognize the desirability of im- proving our environment and living conditions in all possible respects I have some misgivings as to this being a suitable vehicle for such improvement. My concerns in the main are those of an operational or practical nature. Under present conditions the Police Department receives practi- cally all complaints relative to excessive noise or annoying noise. Officers are dispatched, contact the complainant and assess the situation in its totality. The hour of the day, the level of noise, the degree of aggravation, and the potential for citizen discomfort are all considered. Admittedly, their evaluation is subjective but subjective evaluations may be more satisfying to a resident who is disturbed by a barking dog or a loud stereo or even a swimming pool pump. Following an officer' s evaluation he will ordinarily advise the parties that (a) the level of noise is not in his opinion objec- tionable or (b) it is objectionable and must be stopped under authority of Section 415 of the Penal Code. If the noise con- tinues the officer may arrest. Section 415 reads as follows: "415. Disturbin the Peace. Every person who maliciously and wi• ully disturbs the peace or quiet of any neighborhood or person, by loud or unusual noise, or by tumultuous or offensive conduct, or threatening, traducing, quarreling, challenging to fight, ,or fighting, or who, on the public streets or any unin- corporated town, or upon the public highways in such unincorpor- ated town, run any horse race, either for a wager or for amuse- ment, or fire any gun or pistol in such unincorporated town, or use any vulgar, profane, or indecent language, within the presence or hearing of women or children, in a loud and boisterous manner is guilty of a misdemeanor, and upon conviction by any court of competent jurisdiction, shall be punished by fine not exceeding two hundred dollars , or by imprisonment in the county jail for not more than ninety days, or both fine and imprisonment, or either, at the discretion of the Court. " To: Tim Cowell, Advance Planning Administrator July 12 , 1974 Page 2 You may note that Section 415 gives sufficient latitude for judgment and does place a burden of discretion on the officer. If the noise ordinance is adopted we will be establishing an objective standard of noise which may preempt the officer' s judgment and rob the citizen of immediate relief from the annoyance. Another feature of the ordinance which I question is placing enforcement authority in the County Health Department or the Community Development Department. This is a diversion of res- ponsibility that I find irrational. The Police Department being the recipient of complaints would 6e referring such complaints to another agency who would be forced to staff and train personnel for a 24-hour seven day a week operation. Further than this, how will we divide the responsibility? Which agency will be given which kind of noise complaints? Nothing in the ordinance suggests that the Police Department would handle any noise violations. es Glava�� Chien£ of Police �� 1 CHAPTER 10. 30 NOISE CONTROL Sec . 10. 30. 010. Declaration of Policy. In order to control unnecessary , excessive and annoying noises , it is hereby declared to be the policy of the City of Newport 'Beach to prohibit such noises generated from all sources as specified in this Chapter. It is determined that certain sound levels are detrimental to the public health , welfare and safety , and contrary to public interest ; therefore , the City Council does ordain and declare that creating , maintaining , causing or allowing to create , maintain or cause any noise in a manner prohibited by , or not in conformity with , the provisions of this Chapter , is a public n.uisande and shall be punishable as such. ' Sec. 10. 30. 015. Definitions . The following words , phrases and terms as used in this Chapter shall have the meaning as indicated below: AMBIENT NOISE LEVEL shall mean the all -encompassing noise level associated with a given environment , being a composite of sounds from all sources , excluding the alleged offensive noise , at the location and approximate time at which a comparison with the alleged offensive noise is to be made. CUMULATIVE PERIOD shall mean an additive period of time com- posed of individual time segments which may be continuous or inter- rupted. DECIBEL (dB ) shall mean a unit which denotes the ratio between two (2 ) quantities which are proportional to power: the number of decibels corresponding to the ratio of two (2) amounts of power is ten ( 10 ) times the logarithm to the base ten ( 10) of this ratio. LMLRGLNCY MACHINERY , VEHICLE OR WORK shall mean any machinery , vehicle or work used , employed or performed in an effort to protect provide or resi.ore sate conditions in the community or for the citizenry , or work by private or public utilities when restoring • utility service. FIXED NOISE SOURCE shall mean a stationary device which creates sounds while fixed or motionless , including but not limited to industrial and commercial machinery and equipment , pumps , fans , compressors , generdtors , air conditioners and refrigeration equipment . GRADING shall mean any. excavating or filling of earth material or any combination thereof conducted to prepare a site for construction or other improvements thereon . IMPACT NOISE shall mean the noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest . MOBILE NOISE SOURCE shall mean any noise source other than a fixed noise source. NOISE LEVEL shall mean the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micronewtons per square meter. The unit of measurement shall be designated as dB(A) . PERSON shall mean a person , firm, association , co-partnership , joint venture , corporation or any entity , public or private in nature . PUBLIC INSTITUTIONAL PROPERTY shall mean a parcel of real property which is used for public or private school , library , hospital , or church purposes . RESIDENTIAL PROPERTY shall mean a parcel of real property which is located in a residential zoning district or which is designated for exclusive residential use in the General Plan , any Specific Area Plan , or Planned CommunityDistrict itric t of the Cityof Newport prt Beach. The term " residential property" shall not include 1 ) residentially- developed parcels or residential• units located in commercial , commercial - residential , or industrial zoning districts . SIMPLE TONI: NOISE shall mean d noise characterized by a predominant frr:yuency or frequencies so that other frequencies cannot be re,idily distinguished . t -2- SOUND LEVEL METER shall mean an instrument meeting American National Standard Institute ' s 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. SOUND PRESSURE LEVEL of' a sound , in decibels , shall mean twenty (20 ) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure , which reference pressure shall be explicitly s.tated . Sec . 10. 30. 020. Noise Level Measurement Criteria . Any noise level measurements made pursuant to the provisions of this Chapter shall be performed using a sound level meter as defined in Section 10. 30. 015. Sec. 10. 30. 025. Designated Noise Zones . The properties hereinafter described are hereby assigned to the following noise zones . Noise Zone 1 : All residential and public institutional properties as defined in Section 10. 30. 015 , in or adjacent to the City of Newport Beach. Sec. 10. 30. 030. Exterior Noise Standards . (a ) The following noise standards , unless otherwise specifically indicated , shall apply to all property within a designated noise zone. NOISE STANDARDS NOISE ZONE NOISE LEVEL TIME PERIOD 1 55 dB(A) 7 : 00 a.m. - 10: 00 p.m. 50 dB (A) 10 : 00 p.m. - 7 :00 a .m. (b ) It shall be unlawful for any person at any location within the City of Newport Beach to , create any noise , or to allow the creation of any noise on property owned , leased , occupied or otherwise controlled by such person , which causes the noise level when measured on any property , in a designated noise zone , to exceed : ( 1 ) Tho noise standard for a cumulative period of more than thirty minutes in any hour ; or ( 2 ) The noise standard plus 5 dB(A) for a cumulative period of more than fifteen minutes in any hour ; or - 3- (3 ) The noise standard plus 10 dB (A) for a cumulative period of more than five minutes in any hour ; or (4 ) The noise standard plus 15 dB(A) for a cumulative period of more than one 'minute in any hour; or ( , ) The noise standard plus 20 dB (A) for any period of tilne . (c ) In the event the ambient noise level exceeds any of the above five noise limit categories , the cumulative period applicable to said category shall be increased to reflect said ambient noise level . Furthermore , the maximum permissible noise level shall never exceed the maximum ambient noise level . ( d ) Each of the noise limits specified above shall be reduced by 5dB (A) for impact or simple tone noises , or for noises consisting of speech or music. Sec. 10. 30. 035. _ Interior Noise Standard. ' (a) It shall be unlawful for any person at any location within the City of Newport Beach to ,create any noise, or to allow the creation of any noise on property owned , leased , occupied or other- wise controlled by such person , which causes the noise level when measured within a dwelling unit on any residential property , as defined in Section 10. 30. 15 , during the period 10: 00 p.m. to 7: 00 a . m. to exceed : ( 1 ) 45 dB (A) for a cumulative period of more than 5 minutes in any hour; or (2) 50 dB (A) for a cumulative period of more than 1 minute in any hour; or ( 3 ) 55 dB (A) for any period of time . (b ) in the event the ambient noise level exceeds any of the above three noise limit categories , the cumulative period applicable to said category shall be increased to reflect said ambient noise level . Furthermore , the maximum permissible noise level shall never exceed the maximum ambient noise level . -4- Sec . 10. 30. 040. S•cial Provisions . • The following activities shall be exempted from the provisions of this Chapter: (a ) School bands , school athletic and school entertainment events . (b ) Outdoor gatherings , public dances , shows and sporting and entertainment events provided• said events are conducted pursuant to a permit issued by the City of Newport Beach , relative to the staging of such events . (c) Activities conducted on parks , public playgrounds and school grounds provided such parks , playgrounds and school grounds are owned and operated by a public entity. (d ) Any mechanical device , apparatus or equipment used , related to or connected with emergency machinery , vehicle or work. (e ) Noise sources associated with construction , repair , remodeling , or grading of any real property, provided said activities do not take place between the hours of 8: 00 p. m. and 7 : 00 a .m. on weekdays , including Saturday , or at any time on Sunday or a federal holiday. (f) Noise sources associated with the maintenance of real property used for residential purposes , provided said activities take place between the hours of 7: 00 a .m. and 8: 00 p.m. on any day except Sunday , or between the hours of 9 :00 a. m. and 8: 00 p . m. on Sunday. (g ) Any activity to the extent regulation thereof has been preempted by State or federal law. Sec. 10. 30. 045 . Air Conditioning and Refrigeration ; Special Provisions . Until January 19, 1979 , the noise standards enumerated in Sections 10. 30. 030 and 10. 30. 035 shall be increased 8 dB (A) where the alleged offensive noise source is an air conditioning or refrigeration •.ystem or dssociated equipment which was installed prior to the effective date of this ordinance. Sec . 10. 30. 050. Noise Level Measurement. The location selected for measuring exterior noise levels shall be at any point on the affected property. In the case of interior noise measurement , the windows shall be closed and the measurements - 5- shall be made at a point at least four (4) feet from the wall , ceiling or floor nearest the noise source. Sec. 10. 30. 055. Variance Procedure . The owner or operator of a noise source which violates any of the provisions of thi's Chapter may file an application with the Director of Community Development for a variance from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with said provisions , the reasons why immediate compliance cannot be achieved , a proposed method of achieving compliance , and a proposed time schedule for its accomplishment . Said application shall be accompanied by a fee in the amount of seventy-five dollars ($75. 00) . A separate application shall be filed for each noise source; provided , however, that several mobile sources under common ownership , or several fixed sources on a single property may be combined into one application . Upon receipt of said application and fee , the Director of Community Development shall refer it with his recommendation thereon within thirty ( 30) days to the Planning Commission for action at either a regularly scheduled or special meeting of the Commission. The applicant and any persons involved in the original complaint of violation shall be notified , in writings at least ten ( 10) days prior to the Planning Commission meeting at which the variance request is heard. An applicant for a variance shall remain subject to prosecution under the terms of this ordinance until a variance is granted. The Planning Commission shall evaluate all applications for variance from the requirements of this Chapter and may grant said variances with respect to time for compliance , subject to such terms , conditions , and requirements as it may deem reasonable , to achieve maximum compliance with the provisions of this Chapter . Said terms , condition. ,. and requirements may include , but shall not be limited to limitations on noise levels and operating hours . Each such variance shall set forth in detail the approved method of achieving maximum compliance and a time schedule for its accomplishment. In its -6- e determinations the Planning Commission shall consider the magnitude of nuisance caused by the offensive noise ; the uses of property within the area of impingement by the noise ; the time factors related to study design , financing and construction of remedial work ; the economic factors related to age and useful life of equipment ; and the general public interest and welfare . Any variance granted shall be by resolution and any violation of the terms of said variance shall be unlawful . Sec . 10. 30. 060. Appeals . Within twenty-one (21 ) days following the decision of the Planning Commission on an application , the applicant , other interested party , or any member of the City Council may appeal the decision to the City Council by filing ,a notice of appeal with the Director of Community Development. Within thirty ( 30) days following receipt of a notice of appeal the Director. of Community Development shall forward to the City Council copies of the application for varianceU the notice of appeal , and all evidence concerning said application received by the Planning Commission , and its decision thereon . In addition , any person may file with the City Council , written 'arguments supporting or attacking said decision and the City Council may in its discretion hear oral arguments thereon : The applicant and any persons involved in the original complaint of violation shall be notified , in writing , at least ten (10) days prior to the meeting at which the appeal is heard . Within sixty (60 ) days following its receipt of the notice of appeal the City Council shall either affirm„ modify or reverse the decision of the Planning Commission . Sec. 10. 30. 065. Relationship to Other Noise Regulations The provisions of this Chapter shall not be construed as permitting conduct not proscribed herein and shall not affect the enforceability of any other provisions of law relating to the control of noise. furthermore , wherever an apparent conflict between these provisions and any other noise regulations exists , the more stringent of the noise regulations shall apply. - 7- Y. A. City Council Meeting September 30 , 1974 Agenda Item No . H-8( a) CITY OF NEWPORT BEACH September 18, 1974 TO : City Council FROM: Department of Community Development SUBJECT : Noise Element of the General Plan and EIR/NB 74-047 At the Planning Commission meeting of August 29 , 1974, the Planning Commission adopted Resolution 895 recommending City Council adoption of the Noise Element and acceptance of EIR/,NB 74-047. Attached is ; a copy of the Noise Element, as recommended by the Planning Commission , a copy of EIR/NB 74-047 , and a copy of the relevant pages of the August 29 , 1974 Planning Commission minutes . Also attached , for your files , are copies of the following consultant reports : 1 ) "Analysis of Highway Traffic Noise in Newport Beach , California" , Wyle Laboratories , June , 1974, and 2) "Studies Related to Jet Aircraft-Originated Noise Levels and the Economic Impact Upon Residential Property Values Associated with the Orange County Airport" , Mawhinney and Long , and Paul S . Veneklasen and Associates , February , 1973. As noted in the minutes , the Planning Commission expressed concern with the Mawhinney and Long report in term§ of the rationale used in reaching the conclusion that the differential in real estate values is due solely to jet aircraft noise . F0LLI COP DO NOT REMOVE t_ t TO : City Council - 2 Staff suggests that a public hearing on the Noise Element and EIR/NB 74-047 be set for the City Council meeting of October 14 , 1974. Respectfully submitted , COMMUNITY DEVELOPMENT DEPARTMENT R. V . Hogan , Dir for By i Mowell Advance Planning Administrator TC: jmb Att. COMMISSIONERS CITY OF NEWPORT IDACH L m MINUTES � ROLL CALL m p N August 29 , 1974 INDEX Public hearing was opened in connection with this matter and there being no one dl,esiwFn'g to ap m a,_nd be heard , the pub j_c --Irearing was closed . Motion x Mown--Po"r approval subjeC-t -to_ the following All Ayes condition : Absent x J—' 1 . That a Parcel Map be filed . Item #5 Request to consider the adoption of the Noise Noise Element of the Newport Beach General Plan Element (Continued Public Hearing ) . Approved Initiated By : The City of Newport Beach with Revisions Advance Planning Administrator Cowell appeared before the Planning Commission and suggested two revisions to the draft Noise Element, as follows : 1 . Page 39 , Proposal No . 1 , add the following sentence : " It is recognized- that revisions to the CAC requirements will be necessary to assure reasonability and practicability in their application to single-family residential development. " (This revision was suggested in order to ameliorate the concerns expressed in the Irvine Company' s letter of August 26 , 1974. ) 2. Page 39 , Proposal No . 3 , replace with the following : " Consider the adoption of a local noise control ordinance . " (This revision was suggested so that the Planning Commission is not bound to the adoption of a Noise Ordinance in adopting the Noise Element. ) Advance Planning Administrator Cowell then reviewed the August 26 , 1974 letter from the Irvine Company and answered questions of the Commission relative to sound level measuring equipment and present standards . Community Development Director Hogan clarified for the Commission that the Noise Ordinance that is before them i.s to control the noise source. He stated that state law controls construction practices which protects residential multi -family development. He explained that -6- CbMMISSIONERS CITY OF NEWPORT WCH m m Y < MINUTES Z P A w ROLL CALL August 29 , 1974 INDEX the staff is recommending in the Noise Element that the City adopt an additional City Ordinance which would protect all sources of residential development to the same extent as far as external noise sources are concerned . The Commission questioned the factualness of the Noise Element on Page 26 which refers to the Aircraft Noise Level Study and states : "This study concluded that the measured noise levels found were consistent with the earlier CNEL contours , and that speech interference and sleep disturbance are frequent occurences . " (Underscore added) . Advance Planning Adminis- trator Cowell replied that this is a quote from a report prepared by Veneklasen and Associates . Public hearing was opened in connection with this item and Dave Neish , Planning Administration Manager of the Irvine Company , appeared and replied that the revisions that Mr. Cowell has submitted to the Commission for Page 39 of the element are agreeable to the Irvine Company and further replied that the other concerns expressed in the Irvine Company letter were merely concerns that they wished to raise for both the staff and Commission ' s edification . There being no others desiring to appear and be heard , the public hearing was closed . Planning Commission discussed the repetition in the Noise Element of the City' s policy regarding the Orange County Airport, i . e. , the section of the element that starts on Page 31 which is "Existing City Policy bn Orange County Airport" and also the portion of "Noise Control Program" starting on Page 39 , especially on Page 40 , Item 7 where it in effect incorporates the existing City policy on the Orange County Airport. Planning Commission discussed whether these sections are out of place in this Noise Element and whether it seems to go out on an "inflexible limb" . In response to the Commission ' s question as to whether the element should contain City Policy on Motor Vehicle Noise , Community Development Director Hogan brought to the attention of the Commission that on Page 40 of the Noise Element, Item 5 it states "Continue to enforce the California Vehicle Code Provisions relating to modified muffler systems" and that on Page 41 , Item 8 it states "Support the development and enforcement of more -7- CbMMISSIONERS CITY OF NEWPORT OkCH ` m � m m a x rc MINUTES• m y t x P j0 3 ROLL CALL August 29 , 1974 INDEX stringent State and Federal Vehicle and Aircraft Noise Control Legislation" . Planning Commission discussed the possibility of revising Item 8 to read "Support , and where appropriate , initiate the development and enforcement of local , State , and Federal Vehicle and Aircraft Noise Control Legislation " . Commissioner Beckley brought notice to the report , "Studies Related to Jet Aircraft- Originated Noise Levels and the Economic Impact Upon Residential Property Values Associated with the Orange County Airport" that was prepared by Mawhinney and Long , Real Estate Appraisers . Commissioner Beckley stated he had little: doubt that they had made an accurate appraisal of real estate values in the two areas , nambly that one changed so much and one changed the other. He then voiced his objection to the theory that the only cause for the differential in the real estate values to exist is the jet aircraft. He then stated that we have numbers of evidences of what makes the real estate values especially high in the Harbor View Hills area and then suggested that the increased development in Big Canyon and the finishing of the shopping center have a dominant effect on the real estate values . He stated that Mawhinney and Long compared a development that was 4 to 4-1 /2 years old with one that Was 11 years old and that they didn ' t compare the 4-1 /2 year old development with the houses immediately underneath the flight path on the same side of the hill . He stated that if it were vitally important to the Commission , he would suggest that that type of information be gathered as a comparison to see if those directly under the flight path appreciated to the same extent as those further up the hill and further away did . He stated that Mawhinney and Long ignored the military helicopter flyover in the area of Harbor View Hills essentially pretending that had no influence and yet the sound measurement shows that the military helicopters are putting out more DBA' s than the commercial jets are. He stated that Mawhinney and Long then came over to the west bluff side and didn ' t compare the west bluff appreciation with the area immediately to the west of it admitting it is in a different town and maybe that influences real estate values as well . He further stated that to accept this report with any degree of -8- t COMMISSIONERS * CITY OF NEWPORT WCH m tm* m y+ m v MINUTES ROLL CALL August 29 , 1974 INDEX seriousness or meaning , he could read into it that someone may cite this as proof at a later' date that this is factual information . Commissioner Beckley stated that he does not believe the conclusion and that he believes the techniques used in the appriasal but not the reasons for them. Commissioner Beckley stated that he does not support this portion of the element . Motion x Motion that the Planning Commission adopt All Ayes Resolution 895 recommending to City Council Absent x the adoption of the Noise Element and the acceptance of EIR/NB ' 74-047 , with the following revisions to the element: 1 . Page 39 , Proposal No. 1 , add the following sentence : " It is recognized that revisions to the CAC requirements will be necessary to assure reasonability and practicability in their application to single-family residential development. " 2 . Page 39 , Proposal No. 3 , replace with the following : "Consider the adoption of a local noise control ordinance. " , and to admonish the authors of the study prepared by Mawhinney and Long with a finding that the Mawhinney and Long report is suspect for some of the reasons earlier mentioned in Commissioner Beckley ' s statement. Commissioner Seely requested that his voting for the element not be interpreted as a full - hearted endorsement of all the conclusions of the Mawhinney and Long report or of certain of the specifics of the Orange County Airport Policy which he agrees with the purpose but thinks some of the specific objectives are rather inflexible. Item #6 Proposal to amend the Newport Beach Municipal Noise Code by the adoption of a Noise Ordinance Ordinance ( Continued Public Hearing ) . Tabled Initiated By : The City of Newport Beach Community Development Director Hogan stated that the Commission has already considered this -9- . ' • • • 4u CITY OF NEWPORT BEACH NEWPORT BEACH , CALIFORNIA EIR/NB 74-047 ENVIRONMENTAL IMPACT REPORT FOR THE NOISE ELEMENT OF THE NEWPORT BEACH GENCRAL PLAN . [his L . I . R . ha'. been prepared pursuant to the requirements of the C . F. . Q . A. and the quidelines of the City of Newport Beach . It is the intent of this report to explore and evaluate the significant city-wide environmental impacts of the Noise Element of the Newport Beach General Plan . The Noise Element provides a survey of the current noise environment and concludes with a proposed noise control program. It is intended that this Noise Element satisfy the State requirement that local General Plans contain a Noise Element (Section 65302 of the Government node) . SCOPE OF REPORT This "project" is not a development project in the normal sense , but rather a plan for control of noise. As such , there will be no immediate effect on the physical environment of the City . Therefore, this E . I . R. discusses the probable long-term environmental impacts resulting from the adoption and implementation of this Element. DESCRIPTION OF ENVIRONMENTAL SETTING The City of Newport Beach is blessed with a' unique geographical setting, located on the Pacific Ocean and containing Newport Bay. NOISE CONTROL OBJECTIVES The proposals contained in the Noise Element are based on the General Plan Policy report adopted by the City Council on March 13 , 1972. Following is the policy relating to the Noise Element excerpted from the General Plan Policy report : the City '.hall identify and measure the chief sources of noise and air pollutants within the community , and the it impact upon the local environment. The - city shall also encourage and promote the development of a comprehensive air and noise quality program r- to ensure adequate regulations and controls •for the preservation and enhancement of the environment. " THE ENVIRONMENTAL IMPACT OF THE PROPOSED ACTION The Noise Element proposes a program of noise eontrol which can only be, beneficial to the future environment . ANY ADVERSE LNVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROPOSAL IS�IMPLLMENTLD No adverse environmental effects will result from the adoption of this Element. MITIGATION MEASURES PROPOSED TO MINIMIZE THE IMPACT No mitigation measures can be proposed , since there will be no adverse environmental impact. ALTERNATIVES TO THE PROPOSED ACTION One alternative is simply not to adopt a Noise Element. This would be in violation of the State Government Code which requires cities to adopt a Noise Element. A second alternative would be to adopt a Noise Element which does not include proposals for a noise control program. This alternative would result in the adverse impact of uncontrolled noise. RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF MAN ' S ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY The Noise Element is a long-range plan for noise control . ANY IRREVERSIBLE ENVIRONMENTAL CHANGES WHICH WOULD BE INVOLVED IN THE PROPOSED ACTION , SHOULD IT BE IMPLEMENTED No irreversible changes will result. THE GROWTH- INDUCING IMPACT OF THE PROPOSED ACTION No growth- inducing impact will result. SUMMARY The adoption and implementation of the Noise Element will' result in no adverse environmental effects . Conversely , the adoption and imple- mentation of this Element will result in envirohmental improvement. w • • 1003 - ,City Council Meeting September 9 , 1974 Agenda Item No . G-2 CITY OF NEWPORT BEACH FEE EE c®mf September 4, 1974 F.� DO NOT REMOVE TO : City Council FROM: Community Development Department SUBJECT: General Plan -- Request for Time Extension Section 65302. 2 of the California Government Code requires that all mandatory elements of local General Plans be adopted by September 20 , 1974, and , also , provides that the State Council on Intergovernmental Relations may grant extensions . There are two mandatory General Plan elements which the City of Newport Beach has yet to adopt: 1 ) Noise Element, and 2): Seismic• Safety and Safety. The Noise Element has been prepared and the Planning Commission has recommended City Council adoption ; the Council will receive this element at their September 30 , 1974 meeting to be set for public hearing at a subsequent meeting . A major portion of the Seismic Safety and. Safety Element has been completed. The Woodward-McNeill Geologic Seismic Study is providing the basis for the Seismic Safety portion of th+Ls element. Other sections , yet to be developed , include additional public safety considerations , such as fires and floods . Attached is a draft resolution requesting the CIR to grant an extension of three months for the Noise Element and six months for the r Y • • 4 � TO : City Council - 2 •Seismic Safety and Safety Element. It is anticipated that these elements will be adopted sooner than the requested extensions would indicate; however, some room for contingencies is desirable. Recommended Action Staff recommends adoption of the attached resolution . COMMUNITY, DEVELOPMENT DEPARTMENT V. Hog5,,et for RVH: TC:jmb Att. : Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REQUESTING THE COUNCIL ON INTERGOVERNMENTAL RELATIONS TO EXTEND THE TIME LIMIT FOR'COMPLETION OF CERTAIN ELEMENTS OF THE NEFIPORT BEACH GENERAL PLAN WHEREAS, Section 65302 .2 of the California Government Code requires the preparation and adoption of certain General Plan elements by September 20, 1974, and also provides that the Council on Intergovernmental Relations may grant extensions for a reasonable period of time beyond the abdve ;date, and WHEREAS , the City of Newport Beach is diligently pursuing completion of a comprehensive General Plan program which includes all of the mandated General Plan elements; and WHEREAS, certain problems and constraints will prevent the completion and adoption of the City's Noise Element and Seismic Safety and Safety Element prior to September 20, 1974, such as : A. Resignations resulting in loss of staff in the Community Development Department at the time these elements were being developed; B. City's providing for considerable public review of and contribution to the development of the General Plan, with the continuance of this high level of public involvement in the development and adoption of the remaining mandatory elements requiring additional time beyond the September 20, 1974 deadline; and C. City's preparation of these elements within a comprehensive General Plan program, including consideration of the interrelationships among the General Plan elements, which con- sideration will not be completed prior to the September 20, 1974 deadline. NOW, THEREFORE, BE IT RESOLVED that pursuant to Section 65302 .2 of the Government Code, the City Council of the City of Newport Beach does hereby respectfully request the California -1- Council on Intergovernmental Relations to grant an extension of three (3) months for adoption of the Noise Element (until December 20, 1974) and six (6) months for adoption of the Seismic Safety and Safety Element (until March 20, 1975) . ADOPTED this 9th day of September, 1974 . Mayor ATTEST: City Clerk RESOLUTION NO. 895 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH ADOPTING THE NOISE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN WHEREAS, a phase of the City's General Plan Program has involved the preparation of the Noise Element; and WHEREAS , said Noise Element sets forth objectives and supporting policies which will serve as a guide for the future planning and development of the City; and WHEREAS, pursuant to Section 707 of the City Charter of the City of Newport Beach, the Planning Commission has held public hearings to consider the adoption of the Noise Element of the Newport Beach General Plan. NOW, THEREFORE, 'BE IT RESOLVED that the Planning Commission does hereby adopt and recommend to the City Council the Noise Element of the Newport Beach General Plan described above, a copy of which is on file in the Newport Beach Community Development Department. Regularly passed and adopted by the Planning Commission of the City of Newport Beach held on the 29th day of August , 1974. AYES : Agee , Beckley, Hazewinkel , Heather, Parker, Seely NOES : None ABSENT: Williams wa__ C. c7airman William C. Wazewinkel cretar James M. Parker DRB:kb 9-23-74 7 DO NOT REMOVE J� ,O3 i NOISE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN (As recommended to the City Council by the Planning Commission on August 29, 1974) . 00'NOT REMOVE Y TABLE OF CONTENTS Pa e Introduction- ---------------------------------------- 1 Purpose and Scope-------------------------- ---------- 2 Quantification of Noise------------------------------ 4 Section 1 - Highway Noise---------------------------- 16 Section 2 - Aircraft Noise--------------------------- 25 Section 3 - Stationary Sources------------------------ 38 Section 4 - Noise Control Program---------- ---------- 39 i INTRODUCTION Urban noise is becoming a serious environmental problem in all urbanized areas of the United States . We are frequently subjected to intrusive and offensive sounds from such sources as : highway vehicles , aircraft , construction equipment , and the neighbor ' s lawnmower, air conditioner , or stereo. These noises produce annoyance , speech interference , sleep dis- turbances mental anguish , and , in some cases , adverse physiological effects . Noise also has an adverse economic effect ; in many noise-impacted areas , property values have fallen drastically. The Orange County Health Department has stated that noise levels will increase as the County continues to grow, and that noise will become a wide-spread health problem by the year 1990, unless steps are taken to control noise and its impact. -1 - PURPOSE AND SCOPE This Element of the Newport Beach General Plan provides a survey of the current noise environment, indicating the major contributors to the noise problem, and concludes with a proposed "noise control program" , which includes all practicable City actions towards reduction of noise and mitigation of its adverse effects . Noise is discussed in terms of three different categories of noise sources : 1 ) Motor Vehicles 2) Aircraft 3) Stationary Sources It is intended that this Element satisfy the State requirement that local General Plans contain a Noise Element. Section 65302 of the Government Code states , in part , that General Plans shall include : "A noise element in quantitative , numerical terms , showing contours of present and projected noise levels associated with all existing and proposed major transportation elements . These include but are not limited to the following : (1 Highways and freeways , • (2 � Ground rapid transit systems , 3) Ground facilities associated with all airports operating under a permit from the State Depart- ment of Aeronautics . These noise contours may be expressed in any standard acoustical scale which includes both the magnitude of noise and frequency of its occurrence. The recommended scale is sound level A , as measured with A-weighting network of a standard sound level meter, with corrections added for the time duration per event and the total number of events -2- per 24-hour period. Noise contours shall be shown in minimum increments of five decibels and shall be continued down to 65 db (A) . For regions involving hospitals , rest homes , long-term medical or mental care, or outdoor recreational areas , the contours shall be continued down to 45 db (A) . Conclusions regarding appropriate site or route selection alternatives or noise impact upon compatible land uses shall be included in the general plan . The state, local , or private agency responsi - ble for the construction or maintenance of such transportation facilities shall provide to the lbcal agency producing the general plan ; a- statement of the present and projected noise levels of the facility, and any information which - was used in the development of such levelt . " Additionally, this Element is intended to further the accomplishment of the policy on noise and air pollutants contained in the General Policy Report (Pg. .20, Policy i ) adopted March 13 , 1972 : "The City shall identify and measure the chief sources of noise and air pollutants within the community, and their impact upon the local environment. The City shall also encourage and promote the development of a comprehensive air and noise quality program to ensure adequate regula';ions and controls for the preservation and enhancement of the environment. " a -3- QUANTIFICATION OF NOISE This section of the Noise Element was provided by Wyle Laboratories , as part of their report "Analysis of Highway Traffic Noise in Newport Beach , California" , prepared under contract with the City of Newport Beach . It is reprinted here in order to assist in the understanding of the several terms utilized in this Element for the description and measurement of noise levels . -4- Generation of Sound Sound in the air is generated by forces acting on the air molecules. This may result from a complicated interaction of air leaving an exhaust pipe or something as simple as a panel vibrating against the air. Whatever the mechanism, the result is that ut any one instant, the air will be slightly compressed at one point and will be rarified at another point. This pattern or pressure disturbance moves through the air as a sound wave. Figure I presents this concept in the case of the vibrating panel driven by an eccentric shaft and rod. As the panel moves to the right, air is com- pressed and as it moves to the left, air is decompressed or rarified. This effect continues with time and a pressure wave is transmitted into the air. Thus, a rare- faction wave progresses to the right as a result of the panel moving to the left. As the panel moves again to the right, another compressional wave is generated and the distance between two successive compressional waves is called the wavelength. Noise — How Do We Describe It? Noise is usually defined as unwanted sound. One person's music may be nothing but noise to another. For example, the-sound of rock music from your teenager's hi-fi may be music to him or her, but noise to you, if you are trying to converse or relax in an adjoining room. To describe noise and its effect on people in a quanti- tative way, we must include human factors related to the way we perceive noise. These factors include differences in the way our ears hear sounds at different fre- quencies, whether the sound contains any irritating "screech" like squeaky chalk on the blackboard and how long the sound lasts. Applying all these factors enables us -5- Direction of Sound Wave —►Compression -.—Rarefaction—.- �' Wavelength Figure I Illustration of Generation of an Acoustic Wave -fi- to translate from a physical measurement of a sound to its value on a subjective, "perceived noise," scale. Acoustic levels that we normally experience are very small compared to the usual static (or barometric) pressure in the atmosphere. An acoustic pressure of 1 micrbbar would be average for normal conversational speech tones. This pressure is equal to 1/1,000,000 of the usual barometric pressure of 14.7 psi. Thus, at a time and place where the atmospheric pressure was exactly 14.7 psi, the total peak pres- sure during average speech would be 14.700021 and the minimum pressure would be 14.699979 psi. The decibel scale (discussed below) would specify this very small pressure fluctuation as 74 decibels. At 134 decibels, a sound level much higher than normal experience, these two pressure extremes would be 14.721 and 14.679, respectively. In this example, the acoustic pressures have changed by a factor of 1000 with an insignificant variation in the total atmospheric pressure. The Decibel An explanation is in order regarding some basic properties of any scale for stating the magnitude of a sound. The ear responds to sound pressure fluctuations with an increased sensory response for an increase in pressure. The range between the smallest sound pressure which is sensed by the human ear and the highest sound pressure physically tolerable covers a ratio of approximately 1,000,000 to 1. If we assign the number 1 to the sound pressure coresponding to the smallest sound that we can hear, then the sound pressure from our voice in quiet conversational tones would correspond to the number 1,000. A loud voice would be approximately 30,000, and physical pain would be felt in the ear at a sound pressure over 1,000,000. While our brains have no trouble handling the range of sounds sensed by our ears, it is inconvenient for us to think in terms of numbers with all these zeros. It becomes more convenient., therefore, if we base our scale on the number of zeros rather than the actual number. The logarithm to the base 10 does just this. Thus, we may assign -7- the zero on our scale to the number we can just hear, since the logarithm of 1 is zero. Our quiet conversational tones will then be assigned the number 3, since the logarithm of 1,000 is 3, and the highest pressure mentioned above (1,000,000) would receive the number 6. All of the numbers assigned -- 1, 3, and 6 -- are equal to the logarithm of the actual numbers, and the quantity measured in such a scale is called a level. Engineers and scientists prefer to work in terms of energy, which is proportional to sound pressure squared instead of sound pressure. Thus, all the above numbers for sound pressures P must be squared. Making this adjustment, 1 squared becomes 1; 1,000 squared becomes 1,000,000; and 1,000,000 squared becomes 1,000,000,000,000. Fortunately, the logarithm of a squared number is just two times the logarithm of the number; so, instead of the level ranging from 0 to 6, it ranges from 0 to 12. This scale is similar to the famous Richter scale for measuring earthquake magnitude, which is also logarithmic. In the fields of electronics and acoustics, the unit on this scale is called the Bel in honor of Alexander Graham Bell. For convenience, the Bel is divided up into 10 smaller units, so that the scale of level now extends from 0 to 120 decibels or tenths of Bels. Figure 2 provides an illustration of these concepts for converting from an incon- venient magnitude scale (linear pressure) to a more convenient scale of level (loga- rithmic) with decibels as the units. Utilizing this basic idea of a level scale, acousticians have invented a profusion of different kinds of levels, all in decibels, abbreviated dB. The most common of these is the "sound pressure level" defined by: Sound Pressure Level (SPL) = 10 log p 2 in dB 10 /� preference Preference is the reference pressure equal to .00002 newtons per square meter which is the some as 0.000,000,002,9 pounds per square inch. This reference pressure was chosen as being near the smallest sound pressure that we can hear. it sets the location of the zero on our basic SPL scale. -8- 4 10,000 I 100,000,000 80 1.0ou 1,000,000 60 ..................... �''.. .. :For Exampla lU'); •; Sgw,mi�160a I001 ,•- •IR000 And,10 Wyf10 NO) ,�'v+;40 0 100 20 0 Pmisom pw....0 0e6hel Swle Sq...ed Buie Stela Figure 2. The Logarithmic Nature of the Decibel The Frequency Content or Pitch of Noise While the magnitude of a sound pressure is of primary importance, its frequency or pitch is also a primary consideration. The frequency or pitch of a sound represents the rate of oscillations of the acoustic pressure. The human ear is less sensitive to low frequency sounds and very high frequency sounds than it is to mid-frequency sounds. The frequency limits of audible sounds extend from 20to 20,000 Hz (cycles per second). The moving panel of Figure I-1 may move back and forth 20 times or cycles each second to create a 20 Hz acoustic signal or 1000 times each second to create a 1000 Hz signal. The lowest note on a moderately large pipe organ will be 32 Hz, and the highest note from a piccolo will be around 4700 Hz. Overtones from each of these instruments will extend to beyond audibility. As mentioned above, however, the ear is not equally sensitive to all these frequencies. The ear is 50 dB less sensitive at 20 Hz than it is at 1000 Hz. Figure 3 demonstrates the different sensitivity of the ear at different frequencies and shows how it affects a given sound spectrum, happily reducing the annoyance caused by low frequency noise. Figure I-3(b), showing the allowance for -9- 0 - -10 -20 - a liilj!f� -30 Sound Spectrum -40 - 0 - --- T2 C-1 -10 - c -20 - o - Allowance for m -30 Hearing > a -40 (b) 0 0000 y ;-� Original Q � ) lot ; -10 - ( 1 ! Spectrum1 -20 -30 / / 4 — Spectrum -40 - Weighted for Human Hearing 50 100 200 500 IK 2K 5K 10K Frequency, Hz (c) Figure 3. Weighting the Measured Spectrum to Account for the Frequency Response of the Human Ear -10- human hearing, has been defined as the "A" weighting scale. Electronic filters having this frequency response have been incorporated in most sound measuring equip- ment. When such filters are used, the resulting reading is said to be "A" weighted or "A" scale. Use of these filters allows us to determine a single decibel number which, to some extent, represents human response to a given noise. Time Factors in Defining Noise Environments So far we have talked only about the magnitude and frequency of noise along with the decibel scale with which we measure the magnitude. The perceived level (that is - the way our brains react to it) that we subjectively apply to a noise seems to depend upon its duration also. In addition, the actual annoying effect of the sound may depend on the time of day as well. This time of day sensitivity simply relates to our daily cycle of activity. In other words, a short loud blast of a whistle announcing noon (and lunch) would not be found so irritating as a less intense noise sounding over a period of several hours during the day. The same short blast, or even the long duration "less intense noise" might be found quite irritating during the middle of the night when we are trying to sleep. Thus, in order to produce a rating scale for the annoying effect of noises we consider, in addition to the level and frequency content, the duration of the sound. Further, we attempt, in a crude way, to account for varying inter- ferences with our daily life. We therefore consider the time of day during which the noise is generated. Sound waves are a form of energy just like electricity and light. The rate of release of energy or power may be measured in terms of kilowatts just as electrical power is. The power associated with acoustics within our normal experience is quite small compared with the power available from the electric lines. Where a very small electric light 6u16 will use 25 to 30 watts of electricity, normal conversational speech power will be around 27/1,000,000 watt10 and where a powerful hi-fi is pouring 100 watts into a loudspeaker, little more than 1/4 to 1 watt of acoustic power is -11 - 4 being generated. Even so, ;this little bit of power is more than adequate to shake the windows and rouse the neighbors. The acoustic power generated by earlier models of commercial jet aircraft far exceeds the output of the hi-fi or even the 80 or so watts produced by an energetic orchestra in concert. These craft will generate as much as 40,000 watts at full take- off throttle. It is possible for a person to briefly generate as much as 1/10 watt and a trained singer can approach a full 1 watt acoustic output for a short time. It is possible to convert acoustic power into a flow of heat and this may be accumulated as heat energy. If this energy can be contained so that it can be accumulated over a long period of time, the normal conversational talker can heat up a cup of tea in 39 years or 100,000 football fans could, conceivably, do it in 4 seconds. The point is that it is possible to measure noise in terms of the time inte- grated (accumulated) measure of noise intensity. This will result in a measure of total acoustic energy. The 'reasoning behind this measurement is that people seem to react to the total energy of noise environments rather than to only the power generated by single events. Thus, it is desirable to define fluctuating noise environments in terms of the constant noise level which generates the some energy. This is done to obtain an average level over a given period of time, nominally one hour. The Hourly Noise Level (HNL) can thus be defined as the total acoustic energy found at a given point over a one hour period divided by the number of seconds in the hour. Again, the decibel scale is used and it is defined such that the HNL of a steady tone is the same as the SPL (sound pressure level). The end result of all this is just to say that a loud noise for a short time may receive the same rating as a soft noise over a long period of time. The same HNL reading would be obtained if one truck passed by and generated a noise level of 88 dB for 10 seconds or 78 dB for 100 seconds. If ten trucks, each making 88 dB for 10 seconds, went by during the hour, an HNL meter would read 73 dB — a tenfold -12- increase in noise energy represented by a 10 dB increase in the Hourly Noise Level. Thus, 100 such trucks would give a reading of 83 dB and 1000 of them would increase the level to 93 dB, and so forth. Community Noise Equivalent Level (CNEL) So far in our example, nothing has been said about the time of day the trucks were going by. The time-integrated measure of noise which attempts to account for this time of day sensitivity is called the Community Noise Equivalent Level. It is developed in the following way. Early studies of community noise exposure indicated that one intruding sound during the evening hours will be approximately as annoying as three occurrences of the same sound during the day. During sleeping hours at night, this time-of-day penalty seems to be about 10. The factors of 3 and 10 are only approximate, but they seem to give a reasonable accounting of the weighting that should be applied for evening and nighttime noises. The times have been customarily specified for daytime, evening and nighttime and are 7:00 a.m. to 7:00 p.m., 7:00 p.m. to 10:00 p.m.'and 10:00 p.m. to 7:00 a.m. respectively. Therefore, if 33 trucks passed by during the evening hours, they would be counted.as 100 trucks and given the same effective HNL value of 83 dB as the 100 trucks during the daytime hours (add 5 dB for three times as many and 10 dB for 10 times as many). During night- time hours, only, 10 trucks would be counted as equivalent to 100 trucks and would yield the same HNL effective value of 83 dB. Thus, the noise energy is defined in terms of the Hourly Noise Level for each hour of the day. This energy for each hour over the entire day, after having been appropriately weighted to account for the time of day as above, would be added together and divided by 24 to give the weighted average noise level for the day. When expressed in decibel form, this number is called the Community Noise Equivalent Level (CNEL). It provides a single number to show the relative noisiness of a given location on a given day. Generally, this number does not vary substantially at a given community location over a period of weeks. In areas where there are large variations in seasonal traffic, there will be seasonal variations in the CNEL. When the CNEL is dominated by highway traffic, -13- I as it often is, the traffic must double to effect a 3 d6 change in the CNEL. An annual average of the daily CNELs for a given area would tend to exhibit little change from year to year, providing the nearby land use and traffic flow do not change markedly. Single Event Noise Exposure Level (SENEL) The Single Event Noise Exposure Level is also dependent upon time, but it is somewhat different in its application. Essentially, it is designed to determine the total acoustic energy associated with a single event such as would be generated by the passage of a single vehicle or aircraft. A flyby of a single aircraft will cause the acoustic level to gradually rise, reach a peak and then fall. The total area under a curve representing this flyby is proportional to the SENEL. The SENEL differs from the other measures discussed above in that they are averaged in time. That is, the total energy is divided by the total number of seconds required to make the record. The main difference between these two records, then, is that an SENEL will always result in a number that is higher than the peak level measured and will represent a single event, while an HNL (at CNEL) will always result in a number that is lower than the peak levels measured and will represent the integrated energy-average level for all of the events that occurred during the time period specified by the measurement (one hour, one day, or one year). An approximation of SENEL may be obtained by the following procedure: 1. Obtain a level versus time trace of the sound pressure level (SPL). 2. Determine the time duration in seconds that the SPL is within 10 dB of the peak SPL. 3. Determine the logarithm to the base 10 of this duration (characteristic an d mantissa); multiply o this logarithm b 10 9 y 4 Add the number found in step 3 to the peak SPL. Subtract 3 d6. This is the approximate SENEL. -14- 1f a stopwatch is used to measure the time that the level, as seen by a sound level meter, drops from its maximum valve to 10 dB below that level, a rough approxi- mation of SENEL may be obtained by adding 10 times the: logarithm of the number of seconds to the maximum noise level, ' -15- SECTION 1 - HIGHWAY NOISE Existing Highway Noise Existing highway noise levels and contours were measured and calcu- lated by Wyle Laboratories as a major p6rtion of their consultant study : "Analysis of Highway Traffic Noise in Newport Beach , California" . Wyle Laboratories ' major findings are included herein in the form of a map entitled " Existing CNEL Contours " , several charts , and a general discussion of the existing highway noise environment. (Please refer to the Wyle Laboratories report for a more-detailed discussion of their methodology and findings . ) COMMUNITY NOISE EQUIVALENT LEVEL CONTOURS The Existing CNEL Contours map (Figure 4) illustrates the penetration of highway noise into adjacent neighborhoods . Each contour line represents the measured and calculated maximum penetration of noise at each particular "Community Noise Equivalent Level " (CNEL ) . - As previously discussed , CNEL is a time-integrated measure of noise , over a 24-hour period , with a weighted dverage whi6h accounts for greater sensitivity to noise in the evening hours . CNEL numbers indicate the relative noisiness of various locations over a 24-hour period . An examination of Figure 4 shows that CNEL values above 60 decibels (dB ) may be found at most locations within a block of any major arterial street. CNEL values in the area of 60 dB will interfere with some activities and may result in sporadic complaints . More critical are those areas where the 65 or 70 dB CNEL contours extend into residential neighborhoods , such as : 1 ) Coast Highway in the -16- West Newport , Bayshores ,, and Corona del Mar areas ; 2) Balboa Boulevard on the Balboa Peninsula ; 3) Dover Drive , and 4) Irvine Avenue. -17- y • i HOURLY NOISE LEVELS Another useful measure of highway noise is the "Hourly Noise Level " (HNL ) which represents the average noise level for a one-hour period , as previously discussed in the "Quantification of Noise" section of this Element. Figures 5 through 13 illustrate the Hourly Noise Levels (HNL ) at various curbside locations within the City during a single 24-hour period . Busy areas such as Pacific Coast Highway at Dover Drive and Newport Boulevard (Figures 5 and 6) show constant levels throughout the 24-hour day with less than a 10 dB total variation . Figure 7 , Pacific Coast Highway at Bayside Drive , shows some variation with traffic decreases between 1 : 00 and 6 : 00 a . m. , but even here there is only 13 dB variation between the low and high points during the day. Greater variation is seen at Jamboree and Ford Roads and Irvine and Francisco (Figures 8 and 9) . These locations become quieter at night and only an occasional vehicle will pass by during the early morning hours . Variations above 15 or 16 dB are common on these streets . Figures 10 through 13 , showing calculated noise levels derived from traffic data , indicate similar results. These latter figures contain noise levels calculated from both summer and winter traffic. They graphically illustrate the tendency for lower traffic levels and hence less noise at night in the winter. This i ; particularly obvious at Balboa Boulevard and Pacific Coast Highway , as reported in Figure 10. -18- r a Q NN 010 J i Crl Jul r Do ^ ,.f �•✓ � �t����� i//�bl�w� •".o.'s�d rY -wel�v��f;� ,�����/' so• 'u� ; u u G��/�"� i/ :r,.� I':.0 pip � � d:moo°°' �Da �a � g — `:.:= ``•-' _ �`� �* -y � ��11 ,. . LL E rN•.x4 C wLwL atm •iS1.W0.� �� y]�L C m •,;-� ."� (s -�,.,�" g�`�.� � a app 0h "C.7C3C8C�C� J� \\\l _-----_—_ ' t �--__ .L-....QWWW®©���� �`�RT3 ✓ -:Y� ��82 f, � �� ��JJ _ ,�NNo,.J.JL• -; ...L�w ILs.-;�=:��L�-+>:., "*— ��LL �g•� �C .��'*`�R ii,_..._-1� � a�g©Ql(]���(y](ry� l�,L ' — .LNOJ f: ` OLIPo a s BtS e a I F' ��`. N6 I�•v/).Y' + a �R -LMN MMLL 1 L34d[I�LIt� ' � 1 ` � --� dt1e55:e46d`.5siSiii?fY�aoa`aa �u ty`ffi �.- ,•? �'�' ll itDEA CITY OF NEWPORT BEACH FIGURE-4 EXISTING CNEL t F C k � ` C E _ ,v a xxa� cwm, rwewa. SOURCE: WYLE LABORATORIES 90 CNEL = 77dB 80 70 - - — 60 50 Figure 5, Measured Curbside Hourly Noise Levels — Pacific Coast Highway at Z Dover Drive 0 90 N m CNEL = 81.5 dB 80 + a, - m 70 0 60 C p' N a 50 S m Figure 6. Measured Curbside Hourly Noise Levels — Newport Boulevard at 3 Hospital Road 4 90 CNEL = 78 dB 80 — 70 - - — 60 - 50 24 02 04 06 08 10 12 14 16 18 20 22 24 Time of Day in Hours Figure 7. Measured Curbside Hourly Noise Levels — Pacific Coast Highway at Boyside Drive SOURCE : , WYLE LABORATORIES -19- 90 CNEL = 75dB 80 - 70 60 — — — 50 N Z Figure $, Measured Curbside Hourly Noise Levels —Jamboree Road at Ford Road CO 90 m 80 L CNEL = 76 dB _�-I- - N 70 N N N V ti 60 c 0 N v 50 rn Figure 9 . Measured Curbside Hourly Noise Levels — Irvine Avenue at Francisco Drive a 90 - CNEL = 69 dB — Winter ----- 73.5 dB — Summer 80 70 _ --------------- 60 50 24 02 04 06 08 10 12 14 16 18 20 22 24 Time of Day in Hours Figure 10. Computed Curbside Hourly Noise Levels Based on Highway Traffic Data (Reference 5) — Balboa Boulevard at Pacific Coast Highway SOURCE : WYLE LABORATORIES -20- 90 AIML ---- CNEL = 72 dB — Winter CN EL =75 dB — Summer 80 70 - - 60 IN j 50 EFigure 11 , Computed Curbside Hourly Noise Levels Based on Highway Traffic Data Z (Reference 5) — Newport Boulevard at 30th Street N 90 ----- CNEL = 70 dB — Winter my --CNEL = 73 dB — Summer c 80 v 70 ,a 60 — c 0 v) ,a -- .Q, 50 rn Figure 12. Computed Curbside Hourly Noise Levels Based on Highway Traffic Data (Reference 5)— Balboa Boulevard at Adams Q 90 -----CNEL = 74,5;dB — Winter CN EL = 77 dB — Summer 80 — 70 — - % -- - - - - 60 — - — - 50 24 02 04 06 08 10 12 14 16 18 20 22 24 Time of Day in Hours Figure 13. Computed Curbside Hourly Noise Levels Based on Highway Traffic Data (Reference 5)_ Newport Boulevard at Arches Bridge -21 SOURCE : WYLE LABORATORIES 4 PROPAGATION OF TRAFFIC NOISE INTO THE COMMUNITY "All the levels reported in Figures 5 thr6ugh113 were measured or calculated at curbside. According to Wy'le 'Laboratories , where inhere are no barriers to the sound fields , such as store fronts , walls , hills , or other solid partitions , the sound levels may be expected to attenuate by approximately 5 to 7 dB in the first 50 feet of distance . The existence of barriers may reduce the nearby levels , by an additional 10 to 15 dB. -At distances beyond 200 feet, the effects of such barriers are small . However , the normal spreading losses at 200 feet will generally reduce the traffic noise to less than 60 dB , thus , "normally removing any cause for concern . ' ` COMPARISON OF NEWPORT BEACH NOISE LEVELS WITH OTHER AREAS - .Figure 14 illustrates the HNL values found in Newport Beach as compared to other areas throughout the United States , including rural farming communities and downtown locations in °Loy Angeles and New York City. This chart indicates that the noise levels near major arterials in Newport Beach are substantially lower than those found in large cities . The noise levels in the ,Newport Beach residential neighborhoods are average , falling Within the range of those found in residential neighborhoods in ' other parts of the country. -22- 90 80 a:f';:! rials : •: is ;':,:;Ne rM in Art (U. .) ',: • :> t: 70 Near Arterials (Newport Beach) N E ZL eS`deo� N 60 ? Residential (Newport Beach). 50 {' > a v N 40 'o Z 10 .2 30 rn a .20 10 AM PM 12 2 4 6 8 10 12 2 4 6 8 10 Time of Day Figure 14. Comparison of HNL Values in Newport Beach with Corresponding Values Measured in, Several Areas Throughout the United States SOURCE : WYLE LABORATORIES ..i'.0;. 'Projected Highway Noise "• ' Future highway noise levels and contours were projected by Wyle Laboratories , based on roadway capacities . These noise levels and contours are illustrated on the map entitled "Projected Future CNEL Contours " (Figure 15 ) . It is anticipated that these noise levels and contours will be reached at approximately the same time as the City of Newport Beach is "built-out" (all vacant land being developed ) , which should occur by 1990. fhe noise levels and contours shown in Figure 15 are based 'On current and assumed typical highway configurations and dUrrent automotive design . A change in these factors could reduce noise levels at the source and reduce the propagation of wn° ise, thus pulling the contour lines in closer to the roadway . y. d "An average propagation loss , as shown in Figure 16 , has been 11,"lSed to determine the actual placement of each contour line where the roadway is level with the surrounding ground level (or assumed to be ) . If a roadway is elevated , the high level contours ,• „ '"(?b and 65 dB curves ) will shrink in . This is because the 04-ge of the road will shield some of the noise of the cars from -residences very close to the road. At greater distances (such as the 60 decibel contour) , this shielding is non-existent and the raised roadway does not offer any reduction . In areas where a roadway is depressed , there will be a 5 or 6 dB reduction of all levels . Short sections of depressed roadway do not offer much advantage , but a long section would give this desirable effect. -23- �I ,r L 119] c 1,�a.'�a�►r �,�', �������� � ••' k: I Oar - � 1 �\ \ � //! P'�r/— .�� i."� ff1 � �_ � a'!!'lr v14.,a•..enTn��uz.rr__.—.-`--!'�: _ Is �4 _ � • I t• M t • {j s I. VQ � "tlRr•��i`f 90 F CIA 80 135,000 Vehicles/Day 40,000 Vehicles/Day 0 o 25,000 Vehicles/Day N 20,000 Vehicles/Day 70 o / c • d J a 60 0 Z T N 7 a =° 50 o For 48 miles per hour, Subtract 3 dB s � For 75 miles per hour, Add 3 d6 - .a Q40 30 10 100 1000 10,000 Distance from Center of Roadway, feet Figure 16, Predicted Decay of Sound from Roadways Having Various Average Daily Traffic Counts at 60 mph SECTION 2 - AIRCRAFT NOISE Since the appearance of turbojet and turbofan propulsion systems in the field of commercial aviation , a significant noise intrusion has invaded many homes located near flight paths within the City of Newport Beach . In addition , military heli - copters from the nearby marine airfield and police helicopters contribute to the overall noise levels in some parts of the City . It is not the intent of this section of the Noise Element to attempt a comprehensive survey of aircraft noise conditions which are covered in depth in many other studies , but to indicate the noise impact areas and general effects of aircraft noise as ydentified by others . Commercial Jets In 1970, the City of Newport Beach contracted with the consulting firms of Wilsey & Ham, Planners , Paul S . Veneklasen & Associates , Acoustical Engineers , and Darley/Gobar Associates , Economists , to study the impact of Orange County Airport on the City of Newport Beach . This study culminated in the report : "Orange County Airport Impact Study" , January , 1972 . As part of this study , Paul S . Veneklasen & Associates conducted a noise measurement survey and then constructed noise level contours . These contours are shown in Figure 17 . The contours shown are based on level of operations which were determined by . observation during the noise measurement survey and on the, then , current 1972 airline schedules . In order to illustrate the benefits from noise abatement takeoffs , Veneklasen drew contours -25- AW MEAN Ilk Ow= ♦. -_ f .� ram'' Mum � MUM •halt'ty.aa. Number of Aircraft Operations Type of Day Evening Night DouglasBoeing 737 or 2 Engine Bus. Jets 4 0 0 MAP MlPM- with and without power cutback procedures . In their report Veneklasen & Associ•ates strongly recommended that a CNEL value of 60dBA be used as a boundary defining the noise impact area around Orange County Airport. Veneklasen based this recommendation upon the results of studies which have quantified certain aspects of noise which may have a bearing on the psychological state of individuals or of a large population exposed to high levels of aircraft noise. The noise impact area as defined by Veneklasen (within the 60 dBA CNEL contour) includes several residential neighborhoods designated for continued residential land use in the Residential Growth Element , including portions of Santa Ana Heights , Dover Shores , and the Bluffs . A more recent study conducted by Veneklasen & Associates , "Aircraft Noise Level Study" , October 18, 1972 , measured aircraft take-off : noise levels at ten residential sites in Newport Beach . This study concluded that the measured noise levels found were consistent with the earlier CNEL contours , and that speech inter- ference and sleep disturbance are frequent occurences . The purpose of this study was to provide support data for the larger report illustrating the adverse effect of aircraft noise on property values : "Studies Related to Jet Aircraft-Originated Noise Levels and the Economic Impact Upon Residential Property Values Associated with Orange County Airport" , February 12 , 1974 , Manhinney & Long , and Veneklasen & Associates . This study concluded that the aircraft noise has caused a relative decline in property values in excess of 14% for those homes located under or near the flight path . -26- » • STATE REQUIREMENTS The State of California has adopted the following noise criteria for defining airport noise impact boundaries (Orange County Airport falls into the " (b )" category ) : " Limitations on airport noise in residential communities are hereby established. (a ) The criterion community noise equivalent level (CNEL ) is 65 dB for proposed new airports and for vacated military airports being converted to civilian use . (b ) Giving due consideration to economic and technological feasibility , the criterion community noise equivalent level ( CNEL ) for existing civilian airports (except as follows ) is 70 dB until December 31 , 1985 , and 65 f- dB thereafter. (c ) The criterion CNEL for airports which have 4-engine turbojet or turbofan air carrier air- craft operations and at least 25 , 000 annual air carrier operations (takeoffs plus landings ) } is as follows : Date CNEL in decibels Effective date of regulations to 12-31 -75----80 1 -1 - 76 to 12- 31 -80---------------------------75 1 - 1 -81 to 12-31 -85---------------------------70 1 -1 -86 and thereafter- ---------- -------------651, x� it -27- e I Section 5005 of the California Administrative Code lists the �Jb dings of the state in adopting these airport noise standards : "Citizens residing in the vicinity of airports are exposed to the noise of aircraft operations . There have been numerous instances wherein individual citizens or organized citizen groups have complained about airport noise to various authorities . The severity of these complaints has ranged from a few telephone calls to organized legal action . Many of these cases have been studied by acoustics research workers under sponsorship of governmental and private organizations . These studies have generally shown that the severity of the complaint is principally associated with a combination of the following factors : (a ) Magnitude and duration of the noise from aircraft operations ; xY��;-'.• w . (b ) Number of aircraft operations ; and ( c ) Time of occurrence during the day (daytime , evening or night) . There are many reasons given by residents for their complaints ; however, those most often cited are interference with speech communication , TV and sleep. A number of studies have been made related to speech interference and hearing damage , and some studies have been made related to sleep disturbance and other physiological effects . These studies provide substantial evidence for the relationship between noise level and its interference with speech communi - cation and its effect relative to hearing loss . Significantly less information is available from the results of sleep and physiological studies . In order to provide a systematic method for evaluating and eventually reducing noise incompatibilities in the vicinity of airports , it is necessary to quantify the noise problem. For this purpose , these regulations establish a procedure for defining a noise impact area sur- rounding an individual airport . The criteria and noise levels utilized to define the boundaries of the noise impact area have been based on existing evidence from studies of community noise reaction , noise interference with speech and sleep , and noise induced hearing loss . " "The purpose of the state regulations and a methodology for lltrolling and reducing noise problems are also listed within a • t the California Administrative Code: "The purpose of these regulations is to provide a positive basis to accomplish resolution of existing noise problems in communities surrounding airports and to prevent the development of new noise problems . To accomplish this purpose , these regulations establish a quantitative framework within which the various interested parties ( i . e. , airport proprietors , aircraft operators , local communities , counties and the state) can work together effectively to reduce and prevent airport noise problems . The methods whereby the impact of airport noise shall be controlled and reduced include but are not limited to the following : (a ) Encouraging use of the airport by aircraft classes with lower noise level characteristics and discouraging use by higher noise level aircraft classes ; (b ) Encouraging approach and departure flight paths and procedures to minimize the noise in residential areas ; (c ) Planning runway utilization schedules to take into account adjacent residential areas , noise characteristics of aircraft and noise sensitive time periods ; (d ) Reduction of the flight frequency , par- ticularly in the most noise sensitive time periods and by the noisier aircraft; (e ) Employing shielding for advantage , using natural terrain , buildings , et cetera ; and (f) Development of a compatible land use within the noise impact boundary . Preference shall be given to actions which reduce the impact of airport noise on existing communities . Land use conversion involving existing residential communities shall normally be considered the least desirable action for achieving compliance with these regulations . " Section 5062 of the California Administrative Code probides that : ".No airport proprietor shall operate his airport with a noise impact ,area of other than zero unless said operator has a variance as .prescribed in Article 11 of this subchapter of these regulations " . -29- i • • 4 ' Orange County Airport does currently have a noise impact area of +-,greater than zero (since the 70 dB CNEL contour includes residential neighborhoods ) and has submitted an application for variance , as .contained in the " Report to the State of California Director of .•Aeronautics on the Compliance of Orange County Airport with the 'Adopted Noise Regulations for California Airports" , January 26 , 1974. This variance request is currently under consideration by the Cdlifornia Department of Aeronautics . r -30- �IXISTING CITY POLICY ON ORANGE COUNTY AIRPORT The current City of Newport Beach policy regarding Orange County Airport was adopted by the City Council on February 14, 1972 and ;States : " In developing its position regarding issues related to Orange County Airport , the Newport Beach City Council has always carefully examined pertinent aviation technical studies ; has weighed the desires of citizens of the County for commercial air transportation ; the assumed benefits in employment and trade from business and industry attracted to the airport and adjacent airport industrial development; the continuing commitment of the County of Orange to preserve viable general aviation facilities ; and finally, the responsibility of public officials to protect and enhance the comfort , well -bbing and quality of residential living for the citizens they serve . After considering these factors , the Newport Beach City Council has concluded that it is in the best interest of the City and an important responsibility to assure its citizens , and the tens of thousands of patrons of its water-oriented recreation attractions , a continuation and enhance- ment of the residential and outdoor recreational environment. Therefore , it is essential that effective measures be employed so that the noise and pollution emanating from jet aircraft operations at Orange County Airport can be constrained and abated . To accomplish such objectives , the City of Newport Beach offers the following findings and recommendations for operation of Orange County Airport. Control of Commercial Jet Departures The control of commercial jet departures through terminal lease restrictions appears to be the most productive technique for immediate management by local authorities of the noise problem. The following conditions should govern the con- tinuance of terminal access privileges by com- mercial carriers at Orange County Airport : (a ) The hours of operation should be from 7: 00 a . m. to 10 : 00 p . m. only. j, (b ) The type of jet aircraft should be limited to those no louder than the Boeing 737 or Douglas DC-9 and with a gross weight not to exceed 95 ,000 pounds . -31 - I� • EXISTING CITY POLICY (Continued) ( c ) The permitted number of daily operations should be restricted to a number not to exceed the average daily level for the twelve months immediately preceding expiration of the present leases . (d ) Noise abatement flight procedures should be vigorously enforced by airport management. To aid in this effort and to provide a reliable and scientific basis for assessing the noise problem, suitable measurement equipment and competent operators should continue to be maintained at the airport . (e ) No terminal access privileges should be granted to any new carrier who proposes to use jet aircraft , or who may receive authority to serve any point where the ultimate destination is more than 400 miles from Orange County. No expanded terminal facilities should be permitted , nor should any commercial carrier be allowed to construct terminal facilities which would be independent of the County ' s regulatory controls . (f) No commercial carrier should be permitted to use aircraft not equipped with the latest smoke reduction retrofit equipment. General Aviation Operations Piston-driven private and commercial aircraft do not appear to constitute a serious environmental pollution problem. However , the uncontrolled operation of privately owned jet powered aircraft poses an increasingly serious noise problem . The County should maintain strict measures to limit times of operation , flight procedures and noise abatement patterns for such aircraft. If the Director of Aviation cannot attest to a significant improvement in this problem within a reasonable period of time , the use of such jet powered aircraft should be banned from the airport. New Facilities The Orange County Board of Supervisors has elected to be the local agency providi�ig commercial airline facilities for this metropolitan area . The Board should acknowledge that the Orange County Airport is not , and in all probability will never be , an acceptable facility for jet powered aircraft . Further , numerous technical studies have demonstrated that the only sensible solution to the county ' s aviation facilities needs is the development of an alternate jet capable airport. The City Council urges the Board of Supervisors and all aviation authorities to make a strong commitment to this objective. -32- EXISTING CITY POLICY ( Continued) Until such time as such a facility is available for use , strong measures must be employed to control the environmental problems created by Orange County Airport. " The City of Newport Beach has filed a complaint , on May 16 , 1974 , against the County of Orange which seeks to abate the public nuisance caused by aircraft noise. This lawsuit asks that the court order the county to provide assurances that effective noise abatement actions will be taken . It is hoped that this lawsuit will provide the vehicle by which the City of Newport Beach and the County of Orange can agree ; by way of a written , binding document ; to the elements which are necessary to provide said effective aircraft noise abatement. -33- Y � • , " HELICOPTERS Helicopters , both police and military , are another significant source Y —of aircraft noise within Newport Beach . This subsection on heli - c4pter noise is based on the helicopter noise section of the Wyle Laboratories Study : "Analysis of Highway Traffic Noise in Newport 16ach , California" . 11'P01,ICE HELICOPTERS 'The City of Newport Beach operates two police helicopters for Surveillance of areas sensitive to crime. These craft have no set rpattern of operation and might be found at any point at- any time. During emergency situations when the helicopter is moving to a Scene of action , noise generation is quite high , but duration ,•and frequency (as received by a given resident under the flight -path ) are very low . _ Figure 18, below , lists the three different operating altitudes together with a progression to CNEL figures under some different � alAumed flight patterns . Ftg . 18 - Noise Levels for Operation bf Police Helicopter Height Above Ground Level in Feet Noise Measurement 500 800 1500 "A" Weighted Sound Pressure Levels 70 65 60 in dB (re: 20 µ N/m2) SENEL Under Flight Track Assuming 85 82 80 Cruise Speed of 30 mph CNEL Under Flight Track Assuming 49 43 41 One Flight/Day and Two Flights/ Night CNEL Under Craft Assuming a 55 50 48 10 Minute Hover at One Location Source : Wyle Laboratories -34- Figure 18 indicates that the police helicopter , though quite noticea- ble during the time when it is flying over , generates relatively 'low total acoustic energy averages over a day. Helicopter overflights are very singular , relatively nonrepetitive -events . The foregoing data therefore tends to confirm a conclusion that can be drawn from everyday experience , that during the day such _events will not usually cause extended annoyance and complaints . 'At night , however , repetition throughout the night is not a necessary Condition for annoyance. A single event which produces complete „-,awakening or even adequate recall can produce severe annoyance . Oofitinuous night-after-night repetition will lead to inevitable Complaint and in some cases only a few repetitions will arouse %Ytgorous action . `s2ii LtTARY HELICOPTERS Military helicopters flying over the City of Newport Beach are usually from the Marine Corps Air Station (MCAS ) in Santa Ana in support of operations at Camp Pendleton . The FAA has assigned a total of eight routes for their use over populated areas . These routes are used when visual flight is possible. The military helicopters are permitted to fly under any weather Conditions wherein the pilots can maintain ground contact. The normal minimum altitude requirements are 600 feet above sea level ;for inbound , and 800 feet for outbound craft. All aircraft are required to fly 500 feet below cloud banks under special Visual Plight Rule conditions , but the military helicopters are permitted the additional allowance of being able to fly if they can maintain ; ground contact. Under clear skies , these craft fly at about 1800 -35- feet above sea level , leaving considerably more clearance with less �hd'isa. ` be one route for military helicopters that affects the City of '�ewport Beach is called the " Palisades Route" . This route is used to fly from MCAS to the sea , and may be described as running due south from the Big Canyon Reservoir and 30 degrees east from that reservoir. The assigned path is 1 /4 mile wide . . Figure 19 indicates this flight path and the60 and 55 dB (A) CNEL contours . "Populated areas within the city limits , directly under the flight path , include sections of Corona del Mar and the Harbor View Hills areas . "A flight path 600 feet above sea level is only 300 feet above the Big Canyon Reservoir. The developments being constructed around Spyglass Hill are even higher and could , conceivably , be within 120 feet of a helicopter if a craft used the eastern-most edge of the path. The whole of Surrey Drive in the Cameo- Highlands is approximately 4:00 feet below this flight path minimum altitude . The helicopter CNEL contours were developed by Wyle Laboratories based on an average sound level generation of four types of military helicopters operating in this flight path and an assumed altitude of 1 , 000 feet . "Maximum sound pressure levels that may be expected along this 60 dB CM contour will approximate 83 dBA. Flyovers of military heli - copters may cause some annoyance , possibly leading to complaints , yihere residences are less than 2400 feet from the flight path -36- a ` a within the 60 dB (A) CNEL contour. At greater distances , the an"hoyance will decrease to levels below those of traffic noise. The Harbor View Elementary School and the Intermediate School ,on San Joaquin Hills Road are the most potentially sensitive recipients of military helicopter noise . -37- { I �1 \ HeLrcoPrER DO ® HFI/COPTER i . 41t Elm � � WL - 0 n ®o ff m`Y:. 1 •� _ _ , '\ a IN tit irt lij 01 � 4® ,; ¢. © -o�� ®� 4�1dg4�9C�f3f9CCBCBC9CB aa�� ©�� �®� •. o . l — � o � f3 �®(0'� 7C.1C7f� �C9 �� � '� ��� �� ��`°�' �� •--_'-- web p :g. a �pgpapo�c� Mf�,��gra d�C167fS��V� a B �` H -, rvww•M".aw lT�uiT�ue-�� '.atat^e.. - a tom`♦ �- i=- �� II��(� {; �I{{{ f� �`.I 3 ^..�J Zl1 • 1 .."[x"IYf� ��493Y{-(��N(�I \ - __^ --� -- �����.:y�� � o -a> •,, •'" °�4Qll�f��l�EB�nOn ���QQ° ��., �� -- . frY� —rg 1 tg+'Z^i j -cjtc�o<eeve o Ob w� /��' •`s,}�4r� ��� ���L,+O -.. R -- -ems' 1 � �%�llt al-.F=z-.z� _e ee'0000 °"oaT V'y ✓]�° �„e Y+-�.�. a "01 rU��,o_oc `��� :.. ..vim � - lii{4?:;f3a;SEi: atA 1 ' • e Q CITY OF NEWPORT BEACH dE1�1111E 19 CIlNI'IlIl&S CIF Cd9�FS�'NT l;I�EL F , Ic o E N , fOR IwILITAIlY HE'LICOP'I IS SOURCE: WYL'E I.ABORATOMES SECTION 3 - STATIONARY SOURCES Existing Conditions_ This category of noise impacts includes such sources as : 1 . Industrial Operations 2. Air Conditioning and Swimming Pool Motors 3. Maintenance and Construction Operations While no research studies have been conducted on stationary noise sources in Newport Beach , it is apparent that this category of noise has a relatively minor impact. Few complaints of continuing noise from stationary sources have been received. i Most of the industry in the City of Newport Beach could be classified as " light" industry involving mostly research and development activities ; no major " heavy" industries (with large noise-producing machinery ) are located in the City. In view of the large amount of building activity in the City , periodic noise impacts from operation of construction equipment must be expected. However , these noise impacts are temporary in nature and generally occur only in the daytime . Future Conditions It is anticipated that noise from stationary sources will not become a major problem in the future . All of the developing industrial areas are of the " industrial park" type , consisting of " light" industrial operations . As the City becomes more fully developed, noise from construction activity should taper off. -38- 3 • SECTION 4 - NOISE CONTROL PROGRAM In order to protect the citizens of the City from the adverse effects of an uncontrolled noise environment, the City of Newport Beach will undertake a "noise control program" , including the control of noise at its source , and the attenuation of noise between the ,source and the receiver. The City will : 1 . Extend the California Administrative Code requirements for noise mitigation in the design and construction of new multi -family residential developments (Article 4 of the CAC) to include all types of residential development. ( It is recognized that revisions to the CAC requirements will be necessary to assure reasonability and practicability in their application to single-family residential development. ) 2. Exert all possible influence on the design of the Corona del Mar freeway to assure that it will be constructecl as a "depressed" roadway and that all other practical noise mitigation measures will be implemented. 3. Consider the adoption of a local noise control ordinance . 4. Continue to require that noise impact analysis be included in Environmental Impact Reports , including the noise impact of the proposed development on other properties , and the effect of existing or projected noise levels on the future users or residents of the -39- proposed development. 5. Continue to enforce the California Vehicle Code Provisions relating to modified muffler systems . 6. Consider noise impacts when purchasing City vehicles and other City-owned equipment. 7. Continue to vigorously oppose the expansion of Orange County Airport and work towards imple- mentation of the City ' s airport policy , as stated in Section 2 of this Element. In addition. the City will : A. Encourage the reinstatement of the "Preferential Runway Program" . This program, which involved scheduling takeoffs in a northerly direction during morning hours when wind condi- tions were favorable , had a - definite bene- ficial effect in reducing jet aircraft noise over the City of Newport Beach. The program was terminated by the Board of Supervisors contrary to the advice of the airport noise abatement staff. B. Encourage the County Board of Supervisors to initiate a program of economic incentives for airlines to reduce the levels of noise generated by their aircraft. C. Support the implementation of programs for reduction of noise emissions from aircraft , as retrofit devices . -40- i • • I �c• • 8. Support the development and enforcement of more stringent State and Federal vehicle and Aircraft Noise Control Legislation . -41 - F COMMISSIONERS CITY OF NEWPORT BEACH m = m < 2 MINUTES 9 � jD A Z 0 ROLL CALL January 22, 1976 INDEX spaces shall be maintained on the site . Item #7 Request to hearb or posed General ENERAL heePlan Amendmentfot ry , pr6 , General LAN lan Amendment Session. MENDMENTS 1 . lanning Commission reviewed the request as ET FOR we 1 as the results of the meeting with the iEARING neig orhood associations , the developer, The Irvine 0mpany, and representatives of Parks , Beaches d Recreation . It was pointed out that the p posed General Plan Amendment could be advertise in such a manner so as to allow consideration all the options available . Dave Neish , with T Irvine Company, appeared before the Commissio to comment on the request and the polici of The Irvine Company with respect to grants m e by the Irvine Foundation . Motion X Following discussion , motion wa made that a Ayes X X X X X public hearing be set for Februar 12 , 1976 , Absent X X to consider a proposed amendment to he Land Use Element, and possibly the Recreat n and Open Space Element, to either add "Admi 'stra- tive , Professional and Financial Commerci " as an alternate use, in addition to the "Recreational and Marine Commercial " designa- tion , or to change the designation to " Recrea- tional and Environmental Open Space ," for the property at the southeast corner of Bayside Drive and Marine Avenue. 2. Community Development Director Hogan reviewed the airport noise level contours contained in the Airport Environs Land Use Plan as opposed to those contours expressed in the Noise Element of the Newport Beach General Plan . He informed the Commission of the Mayor' s concern that the width of protection not be reduced until such time as it is proven to be warranted . Motion X Following discussion , motion was made that the Ayes X X X X pro ose amen men o e o se Temen-f'fo " Absent X revise. the airport noise level contours was unwarranted at this time. Page 10. COMMISSIONERS CITY OF NEWPORT %ACH /p 0 m m ya m < v MINUTES x P A U ROLL CALL August 29 , 1974 INDEX seriousness or meaning , he could read into it that someone may cite this as proof at a later date that this is factual information . Commissioner Beckley stated that he does not believe the conclusion and that he believes the techniques used in the appriasal but not the reasons for them. Commissioner Beckley stated that he does not support this portion of the element. Motion x tion that the planning Commission adopt All Ayes Res lution 895 recommending to City Council Absent x the a option of the Noise Element and the accept ce of EIR/NB 74-047 , with the following revision to the element: 1 . Page 39 , roposal No. 1 , add the following sentence : " It is recognized that revisions to the CAC r quirements will be necessary to assure reas nability and practicability in their applic ion to single-family residential devel ment. " 2 . Page 39 , Proposal No. , replace with the following : "Consider t adoption of a local noise control ordin ce. " , and to admonish the authors of th study prepared by Mawhinney and Long wit a finding that the Mawhinney and Long report i suspect for some of the reasons earlier mentio d in Commissioner Beckley ' s statement. Commissioner Seely requested that his voting for the element not be interpreted as a full - hearted endorsement of all the conclusions of the Mawhinney and Long report or of certain of the specifics of the Orange County Airport Policy which he agrees with the purpose but thinks some of the specific objectives are rather inflexible. Item #6 Proposal to amend the Newport Beach Municipal Noise Code by the adoption of a Noise Ordinance Ordinanc (Continued Public Hearing ) . Tabled Initiated By : The City of Newport Beach Community Development Director Hogan stated that the Commission has already considered this kl';� ® , RLE DO NOT REMOVE 1 COMMISSIONERS CITY 00 NEWPORT WCH MINUTES ROLL CALL August 29 , 1974 INDEX Ordinance to some extent and has directed that it be brought back to them at the time the Commission considered the Noise Element. Advance Planning Administrator Cowell appeared before the Planning Commission and answered question 's of the Commission relating to the fact that the proposed Ordinance is basically the Ordinance that was adopted by the County , and that the County hopes that all cities will adopt such an Ordinance resulting in County-wide uniformity. Community Development Director Hogan advised the Commission that the City is not plagued with the kinds of operations that create noises of the type that this Ordinance is specifically designed to control and that most of the noises the City has complaints. about are those that are made by people in their every day activities , i . e. , loud stereos , parties , etc. Mr. Hogan further advised that the staff has no findings but perhaps the Planning Commission has some examples of noise sources that really should be controlled and would be effectively controlled by this Ordinance. He stated that the staff does not have the kind of evidence to enthusiastically support the Ordinance for that purpose. Planning Commission discussed that an individual cannot tell whether the levels that are proposed would not in actuality eliminate the kinds of noises that we tolerate or make them illegal . Chief Glavas appeared before the Planning Commission and stated that he feels that this Planning Commission as well as former Planning Commissions have done an admirable job insofar as keeping noisier areas from quieter ones . He then urged the Commission to "go slow" in an Ordinance whereby they adopt objective standards that may , in fact , inhibit doing a job for the people of this community in terms of eliminating objectionable noise. He stated that for six years the Police Department has been attempting to get realistic decibel noise level ratings adopted by the California Highway Patrol and that they still find that despite some reduction , the decibels permitted by the California Vehicle Code , adopted by the California Highway Patrol are -10- COMMISSIONERS CITY OF NEWPORT OACH m m >Z pm y MINUTES ROIL CALL Z( August 29, 1974 INDEX still in the terms of most people too high . He stated that the Police Department has attempted to go out on the roadway and test under very exacting conditions and they find that very few vehicles exceed the decibel limit placed by the Vehicle Code . He pointed out that he feels the Police Department has been rather successful in stopping and eliminating those normal sources of noise which are found most objectionable in this community. He further stated that Newport Beach has a limited amount of industry, a great amount bf residential , and a considerable amount of commercial . He informed the Commission that the residential noise is generally from the residential occupants of the area and that he feels the Police Department has been reasonably successful in dealing with this . He stated that the Police Department deals with noise on a rather subjective basis , i . e . , if neighbors complain and find it objectionable and the Police Department finds that a substantial number of people in the area are disturbed , that is sufficient for the Police Department to act upon . He stated that once an Ordinance of this type is adopted , if the Police Department tries to proceed subjectively , he is sure that the courts will very shortly begin to question their subjective evaluations and suggest that as ' long as they have adopted objective standards , they should provide the court with the information relative to exceeding the objective standards . He then stated that this can be a very irksome and trying process because the testing process using a decibel meter has to be dealt lith in, a- court in terms of where it was placed , what obstructions , shrubbery , and the surrounding areas are relative to the use of the decibel meter. He informed the Commission that it isn ' t simply a matter of puttin the decibel meter down and getting a reading . He stated that he made inquiry of the City of Ingle- wood , who adopted a very similar Noise Ordinance which gave authority to a department similar to the Newport Beach Community Development Department and did supply the supervising members of the Inglewood Police Department with decibel meters . He stated that he was told they are not using the decibel meters and they are referring all noise complaints to the Planning Agency, and , therefore , the City is ' getting referrals instead of action in response to their noise complaints . He then read a report from P . Patrick Mann , Environmental Standard$ Supervisor , regarding -11 - ' COMMISSIONERS CITY OF NEWPORT WCH m m f MINUTES m " August 29, INDEX 1974 ROLL CALL r a summary of Noise Ordinance enforcement information . Hei then stated that he wonders if it is necessary to add additional personnel to do a job that is presently handled in a satisfactory manner with existing personnel . He stated that if there is an overriding need in the minds of the- Commission , that they give some serious consideration to looking at the Ordinance again in terms of perhaps dividing the enforcement responsibilities and eliminating the decibels of noise as an objective criteria for neighborhood noise that needs more immediate attention than coming out with a decibel meter. He then answered questions of the Commission pertaining to the amount of noise complaints received in a month and discussed the Criminal Abatement Process with the Commission . Public hearing was opened in connection with this matter and there being no one desiring to appear and be heard , the public hearing was closed. Motion x Following discussion , motion to table consideratio of the Noise Ordinance. Commissioner Seely stated that if this motion is approved , it might be appropriate for the staff to communicate this action to the Orange County Health Department and perhaps leave the door open for them to advise the Commission of the experiences , if any, that other cities may have that might make the Commission want to reconsider the Ordinance at some future time . Commissioner Parker stated that there apparently is no demonstrable noise problem in Newport Beach that this proposed Ordinance addresses itself to, and in his view this proposed Ordinance does not control , or attempt to control , the major sources of noise , i . e . , helicopter and airplane overflight and traffic noise. He stated that it will definitely complicate enforcement problems and if anything , has a tendency to perhaps encourage noise problems over and above what the City has now due to failure to enforce under this Ordinance. He stated that in his view it tends to once again expose the City to further outside governmental control over our own affairs by the County. Commissioner Beckley stated that he does not believe the proposed noise standards or the -12- COMMISSIONERS CITY OF NEWPORT &CH v m 2 Z o T MINUTES August 299 1974 ROLL CALL r INDEX effect of the proposed standards is well enough understood to consider them as valid . Motion x Motion to table consideration of the Noise All Ayes Ordinance . Absent ADDITIONAL BUSINESS Item #7 Proposal of M. , J . Brock and Sons to modify the street and lot, design within a portion of Proposal Tentative Tract 7967 in Jasmine Creek so as to to modify permit the construction of one-story dwellings the where split-level homes would otherwise be street required . and lot design Community Development Director Hogan stated that within a some of the Commissioners saw this particular Dortion of request at their Study Session of the last Tentative \tae . He then stated that this is a request Tract developer to approve a modification 7967 tentative map which does not substantially he tentative map and , subsequently , Approved wou included at the time they submit the final . clarified that this proposal is essentiall the opening of some of those streets whic are presently closed and in cul -de-sacs . James Hewicker, sistant Director - Planning , showed the Plannin Commission on the map the three cul -de-sacs th would be removed. He stated that this propo al is to eliminate the area which was in the c -de-sac and bring the streets through so that tWey tie into the loop collector. He then stated at from a Public Works and Fire standpoint , th design that is proposed is far superior to tha which was originally considered under the ntative map. He further stated that the area th t is in the cul -de-sacs would be used to enlarge the lot they have now and in so enlarging the ot, would be able to get a single-story dwelling the larger parcel where they have a split-lev 1 home on a smaller parcel . He informed the Commission that there is no increase in the number of lots and no increase in ridge height. Community Development Director Hogan explained that the staff' s major concern in examining this proposal was to make sure the developer did not in any way encroach into those ridge height lines that were approved by the Planning -13- COMMISSIONERS CITY OF NEWPORT MACH ia.0 m x m a < FULE COPY MINUTES r P y 4• m 3 ROLL CALL m N August 29 , 19,74• DO NOT REMOVEINDEX Public hearing was opened in connection with s matter and there being no one desiring to appea be heard , the public hearing was closed . Motion x Motion for approval subject to ollowing All Ayes condition : Absent x ' 1 . That a Parcel Map be filed . Item #5 Request to consider the adoption of the Noise Noise Element of the Newport Beach General Plan Element (Continued Public Hearing ) . Approved Initiated By : The City of Newport Beach with Revisions Advance Planning Administrator Cowell appeared before the Planning Commission and suggested two revisions to the draft Noise Element , as follows : 1 . Page 39 , Proposal No . 1 , add the following sentence : " It is recognized that revisions to the CAC requirements will be necessary to assure reasonability and practicability in their application to single-family residential development. " (This revision was suggested in order to ameliorate the concerns expressed in the Irvine Company' s letter of August 26 , 1974. ) 2. Page 39 , Proposal No. 3 , replace with the following : "Consider the adoption of a local noise control ordinance . " (This revision was suggested so that the Planning Commission is not bound to the adoption of a Noise Ordinance in adopting the Noise Element. ) Advance Planning Administrator Cowell then reviewed the August 26 , 1974 letter from the Irvine Company and answered questions of the Commission relative to sound level measuring equipment and present standards . Community Development Director Hogan clarified for the Commission that the Noise Ordinance that is before them i.s to control the noise source . He stated that state law controls construction practices which protects residential multi -family development. He explained that -6- COMMISSIONERS CITY OF NEWPORT %kCH m m a m v MINUTES ROLL CALL August 29 , 1974 INDEX the staff is recommending in the Noise Element that the City adopt an additional City Ordinance which would protect all sources of residential development to the same extent .as far as external noise sources are concerned. The Commission questioned the factualness of the Noise Element on Page 26 which refers to the Aircraft Noise Level Study and states : "This study concluded that the measured noise levels found were consistent with the earlier CNEL contours , and that speech interference and sleep disturbance a-re frd,quent occurences . " (Underscore added ) . Advance Planning Adminis- trator Cowell replied that this is a quote from a report prepared by Veneklasen and Associates . Public hearing was opened in connection with this item and Dave Neish , Planning Administration Manager of the Irvine Company , appeared and replied that the revisions that Mr. Cowell has submitted to the Commission for Page 39 of the element are agreeable to the Irvine Company and further replied that the other concerns expressed in the Irvine Company letter were merely concerns that they wished to raise for both the staff and Commission ' s edification . There being no others desiring to appear and be heard , the public hearing was closed. Planning Commission discussed the repetition in the Noise Element of the City' s policy regarding the Orange County Airport, i . e. , the section of the element that starts on Page 31- which is "Existing City Policy bn Orange County Airport" and also the portion of "Noise Control Program" starting on Page 399 especially on Page 40 , Item 7 where it in effect incorporates the existing City policy on the Orange County Airport. Planning Commission discussed whether these sections are out of place in this Noise Element and whether it seems to go out on an "inflexible limb" . In response to the Commission ' s question as to whether the element should contain City Policy on Motor Vehicle Noise , Community Development Director Hogan brought to the attention of the Commission that on Page 40 of the Noise Element, Item 5 it states "Continue to enforce the California Vehicle Code Provisions .relating to modified muffler systems" and that on Page 41 , Item 8 it states "Support the development and enforcement of more -7- COMMISSIONERS CITY OF NEWPORT WCH m MINUTES Z P a N ROLL CALL August 29 , 1974 INDEX stri-ngent State and Federal Vehicle and Aircraft Noise Control Legislation" . Planning Commission discussed the possibility of revising Item 8 to read "Support , and where appropriate , initiate the development and enforcement of local , State , and Federal Vehicle and Aircraft Noise Control Legislation" . Commissioner Beckley brought notice to the report , "Studies Related to Jet Aircraft- Originated Noise Levels and the Economic Impact Upon Residential Property Values Associated with the Orange County Airport" that was prepared by Mawhinney and Long , Real Estate Appraisers . Commissioner Beckley stated he had little doubt that they had made an accurate appraisal of real estate values in the two areas , namely that one changed so much and one changed the other. He then voiced his objection to the theory that the only cause for the differential in the real estate values to exist is the jet aircraft. He then stated that we have numbers of evidences of what makes the real estate values especially high in the Harbor View Hills area and then suggested that the increased development in Big Canyon and the finishing of the shopping center have a dominant effect on the real estate values . He stated that Mawhinney and Long compared a development that was 4 to 4-1 /2 years old with one that was 11 years old and that they didn ' t compare the 4-1 /2 year old development with the houses immediately underneath the flight path on the same side of the hill . He stated that if it were vitally important to the Commission , he would suggest that that type of information be gathered as a comparison to see if those directly under the flight path appreciated to the same extent as those further up the hill and further away did. He stated that Mawhinney and Long ignored the military helicopter flyover in the area of Harbor View Hills essentially pretending that had no influence and yet the sound measurement shows that the military helicopters are putting out more DBA' s than the commercial jets are. . He stated that Mawhinney and Long then came over to the Bluff' s side and didn ' t compare the Bluff appreciation with the area immediately to the west of it admitting it is in a different town and maybe that influences real estate values as well . He further stated that to accept this report with any degree of -8- COMMISSIONERS * CITY OF NEWPORT *ACH ; q41 T ➢ m Y m � m MINUTES ROLL CALL August 29 > 1974 INDEX seriousness or meaning , he could read into it that someone may cite this as proof at a later date that this is factual information . Commissioner Beckley stated that he does not believe the conclusion and that he believes the techniques used in the appriasal but not the reasons for them. Commissioner Beckley stated 'that he does not support this portion of the element. Motion x Motion that the Planning Commission adopt All Ayes Resolution 895 recommending to City Council Absent x the adoption of the Noise Element and the acceptance of EIR/NB 74-047 , with the following revisions to the element: 1 . Page 39 , Proposal- No. 1 , add the following sentence : " It is recognized that revisions to the CAC requirements will be necessary to assure reasonability and practicability in their application to single-family residential development. " 2. Page 39 , Proposal No. 3 , replace with the following : "Consider the adoption of a local noise control ordinance. " , and to admonish the authors of the study prepared by Mawhinney and Long with a finding that the Mawhinney and Long report is suspect for some of the reasons earlier mentioned in Commissioner Beckley ' s statement. Commissioner Seely requested that his voting for the element not be interpreted as a full - hearted endorsement of all the conclusions of the Mawhinney and Long report or of certain of the specifics of the Orange County Airport Policy which he agrees with the purpose but thinks some of the specific objectives are rather inflexible. Item #6 Proposal to amend the Newport Beach Municipal Noise e by the adoption of a Noise Ordinance Ordinance (Con d Public Nearing ) . Tabled Initiated By : ity of Newport Beach Community Development Direc ogan stated that the Commission has already consi a this -g- • • /�. 6 2 Planning Commission Meeting August 29 , 1974 Agenda Item No . 5 CITY OF NEWPORT BEACH August 29 , 1974 TO: Planning Commission FROM: Community Development Department SUBJECT: Noise Element -- Suggested Revisions Staff would suggest two minor revisions to the draft Noise Element, as follows : 1 . Page 39 , Proposal No . 1 , add the following sentence : " It is recognized that revisions to 'the CAC requirements will be necessary to assure reasonability and practica- bility in their application to single-family residential development. " (This revision is suggested in order to ameliorate the concerns expressed in the attached letter from the Irvine Company. ) 2 . Page 39 , P.roposal No . 3 , replace with the following : "Consider the adoption of a local noise control ordinance. " (This revision is suggested so that the Planning Commission is not bound to the adoption of a Noise Ordinance in adopting the Noise Element. ) COMMUNITY DEVELOPMENT DEPARTMENT R. V. Hogan Dire or FELE By TiK we'll DO NOT REMOVE Advance Pla ng Administrator TC: jmb IRVINE COMR W 550 Newport Center Drive Newport Beach, California 92663 (714) 644-3011 r co August 26, 1974 �G0.o! OC Dap�.�0�1 Newport Beach Panning Commission 3300 Newport Boulevard Q� Go�� I1 Newport Beach, California 92660 �GP Subject: Noise Element/Noise Ordinance ti Gentlemen: The Irvine Company has reviewed the City's proposed Noise Ordinance and Noise Element. In general, Lwe believe this to be a commendable endeavor worthy of support. However, TIC is concerned about one specific aspect of the Noise Element-Noise Control Program. In particular, it is proposed to "extend the California Administrative Code requirements for noise mitigation in the design and construction of new multi-family residential developments to include all types of residential development." The referenced code was specifically designed to address noise problems in multiple units with common walls and floor-ceiling combinations, as well as exterior noise impacts. It is our belief that a simple 'extension' of these requirements to include detached dwelling units may be inappropriate. Of particular concern is Subsection (d) Sound Transmission Control Between Dwelling Units of the CAC, Title 25. This subsection should be clarified to pertain only to attached dwelling units. This subsection was originally intended to relate specifically to attached dwelling units and, as previously mentioned, should not be applicable to single family detached structures. Discussions with City staff have confirmed that substantial changes are con- templatad to appropriately apply the provisions of CAC Article 4 to single family detached units. However, to date we have not had an opportunity to review these intended revisions or clarifications to the code. The Irvine Company would like to raise several other questions related to the implications of the noise program. The answers to these questions are critical to assessing the full impact of this proposal. 1. How will the requirements be enforced and who will be responsible for the enforcement. According to the County Health Department (see attached letter from Orangetree EIR) , the County may not have the time or money to provide this service. 2. Who will be responsible for preparation of the acoustical analysis re- port. If it is the developer, this will add to the increasing cost of a home. Newport Beach Planning Commission August 26, 1974 Page 2 3. When will the developer receive approval of his housing design as far as meeting the noise requirements (at time of filing for a building permit, or another time prior to actual construction?) . This could adversely affect housing costs if approval is denied after the developer has begun or completed his architectural plans. 4. What would happen and who would be responsible if, after construction is completed and noise attenuation approval granted by the responsible agency, if the noise standards were not attained? Would the responsibility lie with the builder, City or individual owner. 5. What will the basis be for the noise measurements. As indicated in the CAC, the standard is an annual CNEL of 45 (for interior noise levels) . The precise definition of annual CNEL should be explained and clarifi- cation made that this rating would pertain to the overall annual average daily noise spectrum rather than any one single maximum event. It is requested that the Planning Commission not endorse Section 1 of the Noise Control Program until a specific proposal is drafted which sets forth the requirements contemplated to be imposed including standards, approval procedure, enforcement provisions and any other pertinent criteria. The Irvine Company supports the principle that residential occupants should be protected from undesirable noise impacts regardless of whether the dwelling units are attached or detached. However, we request the opportunity of reviewing a specific proposal and are concerned about the potential blanket application of standards developed for a specific purpose to a diverse range of products. Thank you for your consideration of this matter. Sincerely, William J. Soto Manager - Engineering Planning RK:lab Attachment (.1 1 •i I / 1 I . it 1(LAL.T11 orrlCCli , (• � I I tel �•.... •. � I .,,)� snHT•n nHA orncr. r .•_:%,'C..1•J{ `./' 1•—^• (./s UOUTu rIO,S STlu:rT (\� ) 1/ ' d �' I �� �= 1t SA11TA AIIA, CAL11-011rt1A 927 I•Ln .!:5 �J UI• Tr.1.1.1910H1:1 OJ4-J131 „ —•--�, A(olllny l.ddrx.t: P. O. llox .T SS � r Sanfo lam, Gae(ornla 92102 C:) ! I :';,/r'1,��V G; I:� �I �l n?rfl.^.,'1 1)• Allnn F.IG( orrlCC Y Ll-Il .l�ll'.11 LLl { . 10115UU111 LAST STHCCT J/ AH/.HI:II/.. CALIFOHNIA 71:1.I.PIIOIf F_: %7G•-I•!.51 HEALTH PL•PARTb1 Ltt T Hulllnp l.dd.xr.: P. 0. I1ax 355 Santa Ana, Callfornla 92702 1 s: I 'j Iebru,lry 26, 1974 I Plm'nti.ng llcltal:Lulc:uL ' city of ')reiilc Irvine, Califot:n in O'LGG4 Rea Dxcift r.I.lt, fur 73-ZC-13 I Guullemen: As the aitOVe iliJtrU1'Ii.7C!llCa]. Itl:pact itel)UI:I: 11aF h(•CIl T'OViC:Wcd • � by this 'l'IIc 1'o.tLol7111l; coin:ncnLs are Offered for your cousider:lLi.ou in I:he preparaLi.on of the final report. 1. 1'he rep(n-L indicated Lhal L'hc proposed pl:ojecL ].i.es within C?iit 'I,onr ?, all co.L'i of hif;h aircrart liaise c•:`l,osur.c. IL i Slcl.nolal.ecit"(•" LIIaL' Lhe Inrls',ItiLude Of: b0Ci1 i.nlerior and e::L'cri.ot: Ilo.-se c;;posntfc v"ItIlill this COIlt-Oul; is rcaL enough LhaC toast i acourLirll, nulllrtri.l-ies i.liclu(lill„ lit)D consider iL to be unaccepl':Iblc for r(:sicleulirl), developincnL. I' l or xa1n111 c'> spr.ecil was descri.becl in 1:the cr)orL as being I "inaudible" .IL .I di.sCunce c.f five f0c.t -I ,(I firemen living I ; 011-5il'e found noise Lo be "very disturbing". Ilovc•v(•r, as an al•paT-enL oliPil;aP:ulg nwa:.ut:e, Lhc report . indicated tlult' inlerii,i voice Levels \di] I. bu aLLonunLcd to IllceL the Uran,c COUIlLy ilcalLh UcparLmcnt' s t:c•guiaeion i . of 45 clBA. F ;Is!•llt-e IlinL LhIs sl.;nl(l;rrd is saCi.sf.icd the rcpor.L' nl.so inllicalc(I 111.11 Lhc llc.'lll.11 l)cjmi:LlivaiL \Ji1.1 he on si.tc. during II. CUiI 1'll('l.•i oil LU :111p;I I'Ci1Lly provldu ill Sipection of dwC11111gs noisC aL'LL•lllla Li ll(; IIIa CCri.c11 S. III , III 1 II A I It: shan] (i 1>c: )Dint rci out l:hal N:hi 1.n thi . T)r•pal:llnanl: has tie eva].u::Lc+d the public hcal.th :u•ul sufcly factors ns,oc:inlyd +.•,•.'.''• t..r,•;, s I \P1111 itll'Qrlol. :Ind ext(:ricir• noi.s(1 CxpOsllrc.S wi.Lllill COO Zone 2, ^,1,+,}'A;,�;'•1{ it' s (rally ):c•+;u1nLi(•nl is Lhc pot i.cy of ]:Ccua:ucndi.ni; denJ.ctJ. •• . '' tr5,t• •. of. ally 1>ti:ohoscll resideaLial or ::Ghoul. sitC located the;):ci.u. 4. ;::• In addi.l'iorl, it must be, u1,1(10 •cicnr that. this Dop:irLment does nut r,cnd h;lvo, nor has i.t: hod in t:he pa:;t, the personnel or t an ,in<:crin Lo deL(:)aai.nn iuhCt.i)c,: buildi.n:; materials ] x', aril.). sa Li :fy a ,+liven decibel ICVCL and has never Illade Icorllrac;tuul acr.(uli;cmcnLs to do so. 2, 1'hc 'r.cpor.P a ra:a:: on page 29 L'hal "lanl.ls and hcrms ioould redunn. tbo noi ::c" cuun(tlLi.ng; i7:(Jtll '10,000 vchicles per clay aloll" Moultoll }:rrlc•rly. . ! t',Y?+ Ilm:ovo :, .it dial nol• 11)(11cn Lc• L'h: L' thisulCa::u):e, if iuq>l.cmcn led,, } I ]+'.1.3.1, s:IL:i.sT>' rrCu(,ni.'J.cd :.P('ndards for 1:r.:,Jdc:nLi.al, noise exposu•res, lhi' basic cr;i.lCri.n nl this llaparLuumt i.:: . ' . Ci.rcnlar 1390. J, a nation„1J) l:ccoi;nizcrl :;Lundahl oL the U.S. ' Ucpartalent of iiauui.ng and Urban DcvC1.ol,nlcut (IIUD). ? '•=,::�•..; '1'hcn.Cfurec, ;Is a Ili; Li-Pot DIF, Ineaslirc for Lhis potcmLi:ll adverse i.mpacL, i.t is rccolnmerlded t.11n1. Lhe ):cpo1:L be suppl-6111entcid to in(ii.cnLC lhnl. HUD' s "normally Acccptabka" cntc;;ory for C::Le1:J or ,+t,I '•O r::I,C;•lU'C atld it' S C(:pl:ul)lc" CFl Legury' for I.r i.nt.Crior noise expos•ln:c will be Satisfied. 3. The report. c.clntowLcdgcd Thal SouLhoru California L•'dison I :s Comp:n]y abi ] i ly to provide adequate service Ill be jeopardy LCn months hence. j , ;,tf,}• 1 1'et:, ll0 mc<sures W01.0 offered to liel p compensate for. Lhi s :') + •.' pT polc:ntin) c]:i:.i:: :uul app:n roll t.l,y Lh that; report concludes ,•,,. ^ it is llll(l CAdabl•e alld (Idvcr, Se. :.',, '�• , lloa'evcr, Lhis Ilel,arUnc•nl: t+•ould like Ln ;u^,l;c:.;L lhnt phasing Ule d+^.vclopn,dul of Llli.s pro.jccL a,il.h Lhat. Of. adequate electrical i;Clt L']':,1 i11f, CaI)aCi.l ]C,y' 1n.9)' Avoid LhC (11oraIller L'ielle(li a •B, +"•,'"+i'''�(,;':jnq' factor alllicil the ]:Cpo,:t should consider as n nlJti.g(ILiug measure,' If you have any qu<atian:, conco]:ning Lhc: above COI1d.1.la.OnS please do not: its+•: ± . 1 hesitate to conLa(;t Lhis off-ice. Very Lruly yours, ilar.l ali C. Scl,rut-h, R. S. )CC In 1. :t l '•tlth 1 t, '.tt . vironnc 1 I Ic r I.n s. nlal Ik alLh O neJ.].unlar. , 'visa n o L L 'r Di • • hao Z Adjourned Planning Commission Meeting August 29 , 1974 Agenda Item Nos . 5 and 6 CITY OF NEWPORT BEACH August 22 , 1974 TO : Planning Commission \ FROM: Department of Community Development SUBJECT: Eloise Element and Noise Ordinance (Continued Public Hearings ) . At its meeting of August 15 , 1974 , the Planning Commission continued the public hearings for the Noise Element and the Noise Ordinance to the meeting of August 29, 1974. Attached are draft copies of the Noise Element , Noise Ordinance , previous staff memos , dated August 15, 1974 and July 9 , 1974 and the memo from the Police Chief regarding the Noise Ordinance. Staff would suggest that two separate public hearing sessions be held at the August 29 , 1974 meeting on the two items . COMMUNITY DEVELOPMENT DEPARTMENT R. V. Hogan , Dir for By 1-fln Cowell Advance Planning Administrator ' O� ®i�V TC: j mb DO NOT REMOVE lilt Att. r • N,OIS,E ELEMENT OF THE NEWPORT BEACH GENERAL PLAN FILE COPY DO NOT REMOVE • A • TABLE OF CONTENTS Page Introduction----------------------------------------- 1 Purpose and Scope------------------------------------ 2 Quantification of Noise------------------------------ 4 Section 1 - Highway Noise---------------------------- 16 Section 2 - Aircraft Noise--------------------------- 25 Section 3 - Stationary Sources----------------------- 38 Section 4 - Noise Control Program-------------------- 39 INTRODUCTION Urban noise is becoming a serious environmental problem in all urbanized areas of the United States . We are frequently subjected to intrusive and offensive sounds from such sources as : highway vehicles , aircraft , construction equipment, and the neighbor ' s lawnmower, air conditioner, or stereo . These noises produce annoyance , speech interference , sleep dis- turbance , mental anguish , and , in some cases , adverse physiological effects . Noise also has an adverse economic effect; in many noise-impacted areas , property values have fallen drastically. The Orange County Health Department has stated that noise levels will increase as the County continues to grow , and that noise will become a wide-spread health problem by the year 1990, unless steps are taken to control noise and its impact. -1 - Y y PURPOSE AND SCOPE This Elemedt of the Newport Beach General Plan provides a survey of the current noise environment, indicating the major contributors to the noise probl-em, and concludes with a proposed "noise control program" , which includes all practicable City actions towards reduction of noise and mitigation of its adverse effects . Noise is discussed in terms of three different categories of noise sources : 1 ) Motor Vehicles 2) Aircraft 3) Stationary Sources It is intended that this Element satisfy the State requirement that local General Plans contain a Noise Element. Section 65302 of the Government Code states , in part , that General Plans shall include: "A noise element in quantitative , numerical terms , showing contours of present and projected noise levels associated with all existing and proposed major transportation elements . These include but are not limited to the following : (l ) Highways and freeways , (2) Ground rapid transit systems , (3) Ground facilities associated with all airports operating under a permit from the State Depart- ment of Aeronautics . These noise contours may be expressed in any standard acoustical scale which includes both the magnitude of noise and frequency of its occurrence. The recommended scale is sound level A , as measured with A-weighting network of a standard sound level meter, with corrections added for the time duration per event and the total number of events -2- f y • • s > per 24-hour period. Noise contours shall be shown in minimum increments of five decibels and shall be continued down to 65 db (A) . For regions involving hospitals , rest homes , long-term medical or mental care , or outdoor recreational areas , the contours shall be continued down to 45 db (A) . Conclusions regarding appropriate site or route selection alternatives or noise impact upon compatible land uses shall be included in the general plan . The state, local , or private agency responsi - ble for the construction or maintenance of such transportation facilities shall provide to the local agency producing the general plan ; a statement of the present and projected noise levels of the facility, and any information which was used in the development of such levels . " Additionally, this Element is intended to further the accomplishment of the policy on noise and air pollutants contained in the General Policy Report (Pg. 20, Policy i ) adopted March 13 , 1972: "The City shall identify and measure the chief sources of noise and air pollutants within the community , and their impact upon the local environment. The City shall also encourage and promote the development of a comprehensive air and noise quality program to ensure adequate regulations and controls for the preservation and enhancement of the environment. " -3- i QUANTIFICATION OF NOISE This section of the Noise Element was provided by Wyle Laboratories , as part of their report "Analysis of Highway Traffic Noise in Newport Beach , California" , prepared under contract with the City of Newport Beach . It is reprinted here in order to assist in the understanding of the several terms utilized in this Element for the description and measuPement of noise levels . -4- Y � • • Generation of Sound Sound in the air is generated by forces acting on the air molecules. This may result from a complicated interaction of air leaving an exhaust pipe or something as simple as a panel vibrating against the air. Whatever the mechanism, the result is that at any one instant, the air will be slightly compressed at one point and will be rarified at another point. This pattern of pressure disturbance moves through the air as a sound wave. Figure I presents this concept in the case of the vibrating panel driven by an eccentric shaft and rod. As the panel moves to the right, air is com- pressed and as it moves to the left, air is decompressed or rarified. This effect continues with time and a pressure wave is transmitted into the air. Thus, a rare- faction wave progresses to the right as a result of the panel moving to the left. As the panel moves again to the right, another compressional wave is generated and the distance between two successive compressional waves is called the wavelength. Noise — How Do We Describe It? Noise is usually defined as unwanted sound. One person's music may be nothing but noise to another. For example, the sound of rock music from your teenager's hi-fi may be music to him or her, but noise to you, if you are trying to converse or relax in on adjoining room. To describe noise and its effect on people in a quanti- tative way, we must include human factors related to the way we perceive noise. These factors include differences in the way our ears hear sounds at different fre- quencies, whether the sound contains any irritating "screech" like squeaky chalk on the blackboard and how long the sound lasts. Applying all these factors enables us -5- t y • • Direction of Sound Wave —►Compression Rarefaction—► �� II b II I I Wavelength Figure I Illustration of Generation of an Acoustic Wave to translate from a physical measurement of a sound to its value on a subjective, "perceived noise," scale. Acoustic levels that we normally experience are very small compared to the usual static (or barometric) pressure in the atmosphere. An acoustic pressure of 1 microbar would be average for normal conversational speech tones. This pressure is equal to 1/1,000,000 of the usual barometric pressure of 14.7 psi. Thus, at a time and place where the atmospheric pressure was exactly 14.7 psi, the total peak pres- sure during average speech would be 14.700021 and the minimum pressure would be 14.699979 psi. The decibel scale (discussed below) would specify this very small pressure fluctuation as 74 decibels. At 134 decibels, a sound level much higher than normal experience, these two pressure extremes would be 14.721 and 14.679, respectively. In this example, the acoustic pressures have changed by a factor of 1000 with an insignificant variation in the total atmospheric pressure. The Decibel An explanation is in order regarding some basic properties of any scale for stating the magnitude of a sound. The ear responds to sound pressure fluctuations with an increased sensory response for an increase in pressure. The range between the smallest sound pressure which is sensed by the human ear and the highest sound pressure physically tolerable covers a ratio of approximately 1,000,000 to I. If we assign the number 1 to the sound pressure coresponding to the smallest sound that we can hear, then the sound pressure from our voice in quiet conversational tones would correspond to the number 1,000. A loud voice would be approximately 30,000, and physical pain would be felt in the ear at a sound pressure over 1,000,000. While our brains have no trouble handling the range of sounds sensed by our ears, it is inconvenient for us to think in terms of numbers with all these zeros. It becomes more convenient, therefore, if we base our scale on the number of zeros rather than the actual number. The logarithm to the base 10 does just this. Thus, we may assign -7- t } . • c the zero on our scale to the number we can just hear, since the logarithm of 1 is zero. Our quiet conversational tones will then be assigned the number 3, since the logarithm of 1,000 is 3, and the highest pressure mentioned above (1,000,000) would receive the number 6. All of the numbers assigned -- 1, 3, and 6 -- are equal to the logarithm of the actual numbers, and the quantity measured in such a scale is called a level. Engineers and scientists prefer to work in terms of energy, which is proportional to sound pressure squared instead of sound pressure. Thus, all the above numbers for sound pressures must be squared. Making this adjustment, 1 squared becomes 1; 1,000 squared becomes 1,000,000, and 1,000,000 squared becomes 1,000,000,000,000. Fortunately, the logarithm of a squared number is just two times the logarithm of the number; so, instead of the level ranging from 0 to 6, it ranges from 0 to 12. This scale is similar to the famous Richter scale for measuring earthquake magnitude, which is also logarithmic. In the fields of electronics and acoustics, the unit on this scale is called the Bel in honor of Alexander Graham Bell, For convenience, the Bel is divided up into 10 smaller units, so that the scale of level now extends from 0 to 120 decibels or tenths of Bels. Figure 2 provides an illustration of these concepts for converting from an incon- venient magnitude scale (linear pressure) to a more convenient scale of level (loga- rithmic) with decibels as the units. Utilizing this basic idea of a level scale, acousticians have invented a profusion of different kinds of levels, all in decibels, abbreviated dB. The most common of these is the "sound pressure level" defined by: Sound Pressure Level (SPL) = 10 log10 (P/Preference)2 in dB Preference is the reference pressure equal to .00002 newtons per square meter which is the some as 0.000,000,002,9 pounds per square inch. This reference pressure was chosen as being near the smallest sound pressure that we can hear. It sets the location of the zero on our basic SPL scale. -8- r 101000 100,000.000 80 1,000 1,000,000 60 i For Example 100. Squarin,r 11UN 1001 P- 410,000 •:° And,10 Log 1110001. -14,GO' : 3% 10 100 Y0 1 0 Prossure Pressure Decibal Scale Squmed Scale Scala Figure 2, The Logarithmic Nature of the Decibel The Frequency Content or Pitch of Noise While the magnitude of a sound pressure is of primary importance, its frequency or pitch is also a primary consideration. The frequency or pitch of a sound represents the rate of oscillations of the acoustic pressure. The human ear is less sensitive to low frequency sounds and very high frequency sounds than it is to mid-frequency sounds. The frequency limits of audible sounds extend from 20to 20,000 Hz (cycles per second). The moving panel of Figure I-1 may move back and forth 20 times or cycles each second to create a 20 Hz acoustic signal or 1000 times each second to create a 1000 Hz signal. The lowest note on a moderately large pipe organ will be 32 Hz, and the highest note from a piccolo will be around 4700 Hz. Overtones from each of these instruments will extend to beyond audibility. As mentioned above, however, the ear is not equally sensitive to all these frequencies. The ear is 50 dB less sensitive at 20 Hz than it is at 1000 Hz, Figure 3 demonstrates the different sensitivity of the ear at different frequencies and shows how it affects a given sound spectrum, happily reducing the annoyance caused by low frequency noise. Figure I-3(b), showing the allowance for -9- 0 20 -30 Sound Spectrum -40 - I y \ 0 a U _1p - N - c -2O O a- Allowance for -30 Hearing m _.- . .. o -40 e (b) 0 - 0000 f f 1 Original -10 ` Spectrum r -20PHumuman -30pectrum -40eighted for Hearing i 50 100 200 500 1K 2K 5K 10K Frequency, Hz (c) Figure 3. Weighting the Measured Spectrum to Account for the Frequency Response of the Human Ear -10- human hearing, has been defined as the "A" weighting scale. Electronic filters having this frequency response have been incorporated in most sound measuring equip- ment. When such filters are used, the resulting reading is said to be "A" weighted or "A" scale. Use of these filters allows us to determine a single decibel number which, to some extent, represents human response to a given noise. Time Factors in Defining Noise Environments So for we have talked only about the magnitude and frequency of noise along with the decibel scale with which we measure the magnitude. The perceived level (that is - the way our brains react to it) that we subjectively apply to a noise seems to depend upon its duration also. In addition, the actual annoying effect of the sound may depend on the time of day as well. This time of day sensitivity simply relates to our daily cycle of activity. In other words, a short loud blast of a whistle announcing noon (and lunch) would not be found so irritating as a less intense noise sounding over a period of several hours during the day. The some short blast, or even .the long duration "less intense noise" might be found quite irritating during the middle of the night when we are trying to sleep. Thus, in order to produce a rating scale for the annoying effect of noises we consider, in addition to the level and frequency content, the duration of the sound. Further, we attempt, in a crude way, to account for varying inter- ferences with our daily life. We therefore consider the time of day during which the noise is generated. Sound waves are a form of energy just like electricity and light. The rate of release of energy or power may be measured in terms of kilowatts just as electrical power is. The power associated with acoustics within our normal experience is quite small compared with the power available from the electric lines. Where a very small electric light bulb will use 25 to 30 watts of electricity, normal conversational speech power will be around 27/1,000,000 watt10 and where a powerful hi-fi is pouring 100 watts into a loudspeaker, I ittle more than 1/4 to 1 watt of acoustic power is -11 - being generated. Even so, this little bit of power is more than adequate to shake the windows and rouse the neighbors. The acoustic power generated by earlier models of commercial jet aircraft far exceeds the output of the hi-fi or even the 80 or so watts produced by an energetic orchestra in concert. These craft will generate as much as 40,000 watts at full take- off throttle. It is possible for a person to briefly generate as much as 1/10 watt and a trained singer can approach a full 1 watt acoustic output for a short time. It is possible to convert acoustic power into a flow of heat and this may be accumulated as heat energy. If this energy can be contained so that it can be accumulated over a long period of time, the normal conversational talker can heat up a cup of tea in 34 years or 100,000 football fans could, conceivably, do it in 4 seconds. The point is that it is possible to measure noise in terms of the time inte- grated (accumulated) measure of noise intensity. This will result in a measure of total acoustic energy. The reasoning behind this measurement is that people seem to react to the total energy of noise environments rather than to only the power generated by single events. Thus, it is desirable to define fluctuating noise environments in terms of the constant noise level which generates the some energy. This is done to obtain an average level over a given period of time, nominally one hour. The Hourly Noise Level (HNL) can thus be defined as the total acoustic energy found at a given point over a one hour period divided by the number of seconds in the hour. Again, the decibel scale is used and it is defined such that the HNL of a steady tone is the some as the SPL (sound pressure level). The end result of all this is just to say that a loud noise for a short time may receive the same rating as a soft noise over a long period of time. The same HNL reading would be obtained if one truck passed by and generated a noise level of 88 dB for 10 seconds or 78 dB for 100 seconds, If ten trucks, each making 88 dB for 10 seconds, went by during the hour, an HNL meter would read 73 dB — a tenfold -12- . r increase in noise energy represented by a 10 dB increase in the Hourly Noise Level. Thus, 100 such trucks would give a reading of 83 dB and 1000 of them would increase the level to 93 dB, and so forth. Community Noise Equivalent Level (CNEL) So far in our example, nothing has been said about the time of day the trucks were going by. The time-integrated measure of noise which attempts to account for this time of day sensitivity is called the Community Noise Equivalent Level. It is developed in the following way. Early studies of community noise exposure indicated that one intruding sound during the evening hours will be approximately as annoying as three occurrences of the same sound during the day. During sleeping hours at night, this time-of-day penalty seems to be about 10. The factors of 3 and 10 are only approximate, but they seem to give a reasonable accounting of the weighting that should be applied for evening and nighttime noises. The times have been customarily specified for daytime, evening and nighttime and are 7:00 a.m, to 7:00 p.m., 7:00 p.m, to 10:00 p.m. and 10:00 p.m. to 7:00 a.m. respectively. Therefore, if 33 trucks passed by during the evening hours, they would be counted as 100 trucks and given the same effective HNL value of 83 dB as the 100 trucks during the daytime hours (add 5 dB for three times as many and 10 A for 10 times as many). During night- time hours, only 10 trucks would be counted as equivalent to 100 trucks and would yield the same HNL effective value of 83 dB. Thus, the noise energy is defined in terns of the Hourly Noise Level for each hour of the day. This energy for each hour over the entire day, after having been appropriately weighted to account for the time of day as above, would be added together and divided by 24 to give the weighted average noise level for the day. When expressed in decibel form, this number is called the Community Noise Equivalent Level (CNEL). It provides a single number to show the relative noisiness of a given location on a given day. Generally, this number does not vary substantially at a given community location over a period of weeks. In areas where there are large variations in seasonal traffic, there will be seasonal variations in the CNEL. When the CNEL is dominated by highway traffic, -13- • as it often is, the traffic must double to effect a 3 dB change in the CNEL. An annual average of the daily CNELs for a given area would tend to exhibit little change from year to year, providing the nearby land use and traffic flow do not change markedly. Single Event Noise Exposure Level (SENEL) The Single Event Noise Exposure Level is also dependent upon time, but it is somewhat different in its application. Essentially, it is designed to determine the total acoustic energy associated with a single event such as would be generated by the passage of a single vehicle or aircraft. A flyby of a single aircraft will cause the acoustic level to gradually rise, reach a peak and then fall. The total area under a curve representing this flyby is proportional to the SENEL. The SENEL differs from the other measures discussed above in that they are averaged in time. That is, the total energy is divided by the total number of seconds required to make the record. The main difference between these two records, then, is that an SENEL will always result in a number that is higher than the peak level measured and will represent a single event, while an HNL (or CNEL) will always result in a number that is lower than the peak levels measured and will represent the integrated energy-average level for all of the events that occurred during the time period specified by the measurement (one hour, one day, or one year). An approximation of SENEL may be obtained by the following procedure: 1. Obtain a level versus time trace of the sound pressure level (SPL). 2. Determine the time duration in seconds that the SPL is within 10 dB of the peak SPL. 3. Determine the logarithm to the base 10 of this duration (characteristic and mantissa), multiply this logarithm by 10. 4. Add the number found in step 3 to the peak SPL. Subtract 3 dB. This is the approximate SENEL. -14- • If a stopwatch is used to measure the time that the level, as seen by a sound level meter, drops from its maximum value to 10 A below that level, a rough approxi- mation of SENEL may be obtained by adding 10 times the logarithm of the number of seconds to the maximum noise level. -15- SECTION 1 - HIGHWAY NOISE Existing Highway Noise Existing highway noise levels and contours were measured and calcu- lated by Wyle Laboratories as a major portion of their consultant study : "Analysis of Highway Traffic Noise in Newport Beach , California" . Wyle Laboratories ' major findings are included herein in the form of a map entitled "Existing CNEL Contours " , several charts , and a general discussion of the existing highway noise environment. (Please refer to the Wyle Laboratories report for a more-detailed discussion of their methodology and findings . ) COMMUNITY NOISE EQUIVALENT LEVEL CONTOURS The Existing CNEL Contours map (Figure 4) illustrates the penetration of highway noise into adjacent neighborhoods . Each contour line represents the measured and calculated maximum penetration of noise at each particular "Community Noise Equivalent Level " (CNEL ) . As previously discussed , CNEL is a time-integrated measure of noise , over a 24-hour period , with a weighted average which accounts for greater sensitivity to noise in the evening hours . CNEL numbers indicate the relative noisiness of various locations over a 24-hour period . An examination of Figure 4 shows that CNEL values above 60 decibels (dB ) may be found at most locations within a block of any major arterial street. CNEL values in the area of 60 dB will interfere with some activities and may result in sporadic complaints . More critical are those areas where the 65 or 70 dB CNEL contours extend into residential neighborhoods , such as : 1 ) Coast Highway in the -16- c r • • c r I West Newport , Bayshores , and Corona del Mar areas ; 2) Balboa Boulevard on the Balboa Peninsula ; 3) Dover Drive , and 4) Irvine Avenue. -17- • UU//y��� � ICI � �,�0© �+ _ ;%`'�'�/�� / � ' ...'cPwu+..�• �/\2�1 1�, } �� / I 1 • --'eta//(`_'y`1 �� �c //aJjH6 c"L ..f, , ¢ly " ;+ qt��� �✓> ���/ � ��� °'� ���� � uar..��--eL � � .�`\ par ��•a'.,p,vjP���� s,u•'`� ���JV�QO 1�� (J�••,/�� 3Xa� � f ,i ��•`x 'y' i�:frl`Ij� -`._1 ' :.a.• � ��+ 7 '�, ou a�+s`,.m ' '�:g`r n ra��.�\1 i� cv'��i��sc ��s���`J as 1��_:��j✓�"r f%; .._ ✓ �© �� � o '1, �:� ` y� \ _] ` I ��r-`ter �"{" �� 'rii Aq ��� ��� � i � r ���� 4( :��\` e••:-P,>'�:,,. � .ca. n mot,• ten.,^�- �..�'`s $` _J ��� t o �� s•n � �r �o ,s''JQ � " �1'���n2 •i':.� a 4� �, 'r �_ '"� ss.( s�: �.✓/ ✓•+Y'i°F" ` s6O'N cl mewv uuv At. a at�iL -SZ r-`_______ - .` •�WWW . `a ✓ �' } ci nr ��_y,r'y7'! 1 - LMS f ? LLPo • E�1C EY+'_rl�S I'}'l' E ?'Y4 �Ta�l/N-I=�" t` i f1 �Cl �il _CMIMNEL - y /�� C�� _"'+4I �' . —f ^-- -- -��1 _ R-'-J8� ''4'�.! ,�C� ..�a- >n'7��F �CoBJ�Y�u�1��,r�•�nt'fry� � rt =-s'�4� _t /�� 4!r j >�a--•= =00000 aa��; •r +tc b���L �-' .. 1 •3 i�111;�,'V e "` _ N ...� iF � E:SGiS..4:3;3Fia``± � ""� t,0 ��0 =`[ uw Q _" �� d ,wG ".a +q A x�a 0 c> � a✓'. '. ,F��qqpp.�� �F yam` n �ry F CITY OF NEWPORT BEACH_ �dUU- 4 .EXISTIRG- UEL N aurae mxrr, ekamwl, E.i= _ SOURCE: WIYLE LABORATORIES • HOURLY NOISE LEVELS Another useful measure of highway noise is the "Hourly Noise Level " (HNL ) which represents the average noise level for a one-hour period , as previously discussed in the "Quantification of Noise" section of this Element. Figures 5 through 13 illustrate the Hourly Noise Levels (HNL) at various curbside locations within the City during a single 24-hour period. Busy areas such as Pacific Coast Highway at Dover Drive and Newport Boulevard (Figures 5 and 6) show constant levels throughout the 24-hour day with less than a 10 dB total variation . Figure 7 , Pacific Coast Highway at Bayside Drive , shows some variation with traffic decreases between 1 : 00 and 6 : 00 a . m. , but even here there is only 13 dB variation between the low and high points during the day. Greater variation is seen at Jamboree and Ford Roads and Irvine and Francisco (Figures 8 and 9 ) . These locations become quieter at night and only an occasional vehicle will pass by during the early morning hours . Variations above 15 or 16 dB are common on these streets . Figures 10 through 13 , showing calculated noise levels derived from traffic data , indicate similar results . These latter figures contain noise levels calculated from both summer and winter traffic . They graphically illustrate the tendency for lower traffic levels and hence less noise at night in the winter. This is particularly obvious at Balboa Boulevard and Pacific Coast Highway, as reported in Figure 10. -18- 90 TF PCEL = 77dB 80 70 60 50 Figure 5. Measured Curbside Hourly Noise Levels — Pacific Coast Highway at Z Dover Drive 0 90 N N m CNEL = 81.5 dB c 80 > —' 70 � I N I 60 c 0 N w 50 LC Figure 6. Measured Curbside Hourly Noise Levels — Newport Boulevard at Hospital Road a 90 CNEL = 78 dB 80 70 60 50 24 02 04 06 08 10 12 14 16 18 20 22 24 Time of Day in Hours Figure 7. Measured Curbside Hourly Noise Levels — Pacific Coast Highway at Boyside Drive SOURCE : WYLE LABORATORIES -19- 90 .CNEL = 75dB 80 70 60 50 N Z Figure 8. Measured Curbside Hourly Noise Levels —Jamboree Road at Ford Road ZL N 90 N L 0 80 CNEL = 76 d8 e 70 L 0 L d -a 60 c D 0 Ln 50 s rn Figure 9 . Measured Curbside Hourly Noise Levels — Irvine Avenue at Francisco Drive a 90 CNEL = 69 dB —Winter ----- 73,5 dB — Summer 80 70 _ 60 i 50 24 02 04 06 08 10 12 14 16 18 20 22 24 Time of Day in Hours Figure 10. Computed Curbside Hourly Noise Levels Based on Highway Traffic Data (Reference 5) — Balboa Boulevard at Pacific Coast Highway SOURCE : WYLE LABORATORIES -20- 90 ----- CNEL = 72 dB — Winter CNEL =75 dB — Summer 80 70 60 ' 50 \ EFigure 7 1 , Computed Curbside Hourly Noise Levels Based on Highway Traffic Data Z (Reference 5) — Newport Boulevard at 30th Street z N 90 ----- CNEL = 70 d6 — Winter vm CNEL = 73 dB — Summer c 80 w w 0 70 60 c � 2? 50 rn Figure 12. Computed Curbside Hourly Noise Levels Based on Highway Traffic Data (Reference 5)— Balboa Boulevard at Adams Q 90 ----- CNEL = 74.5 dB — Winter CNEL = 77 dB — Summer 80 70 60 50 24 02 04 06 08 10 12 14 16 18 20 22 24 Time of Day in Hours Figure 13. Computed Curbside Hourly Noise Levels Based on Highway Traffic Data (Reference 5) — Newport Boulevard at Arches Bridge -21 SOURCE: WYLE LABORATORIES PROPAGATION OF TRAFFIC NOISE INTO THE .COMMUNITY All the levels reported in Figures 5 through113 were measured or calculated at curbside. According to W)leILaboratories , where there are no barriers to the sound fields , such as store fronts , walls , hills , or other solid partitions , the sound levels may be expected to attenuate by approximately 5 to 7 dB in the first 50 feet of distance . The existence of barriers may reduce the nearby levels , by an additional 10 to 15 dB. At distances beyond 200 feet, the effects of such barriers are small . However , the normal spreading losses at 200 feet will generally reduce the traffic noise to less than 60 dB , thus , normally removing any cause for concern . COMPARISON OF NEWPORT BEACH NOISE LEVELS WITH OTHER AREAS Figure 14 illustrates the HNL values found in 'Newport Beach as compared to other areas throughout the United States , including rural farming communities and downtown locations in Los Angeles and New York City. This chart indicates that the noise levels near major arterials in Newport Beach are substantially lower than those found in large cities . The noise levels in the Newport Beach residential neighborhoods are average , falling within the range of those found in residential neighborhoods in other parts of the country. -22- r 90 r Main 70 iiE>.`t; Near Arterials (Newport Beach) N ........:. N 60 Residential (Newport Beach)_ ;:: :.. 50 ...........'s US N4 ( :•::ti i: }isi:•.::::.ti::+;i{+:ii::`viiir::•::::::'>::::::j:i:r:i<:l: 40 Rural 0 Z N. a 30 rn a 20 10 AM PM 12 2 4 6 8 10 12 2 4 6 8 10 Time of Day Figure 14. Comparison of HNL Values in Newport Beach with Corresponding Values Measured in Several Areas Throughout the United States SOURCE : WYLE LABORATORIES Projected Highway Noise Future highway noise levels and contours were projected by Wyle Laboratories , based on roadway 'capacities . These noise levels and contours are illustrated on the map entitled "Projected Future CNEL Contours " (Figure 15 ) . It is anticipated that these noise levels and contours will be reached at approximately the same time as the City of Newport Beach is "built-out" (all vacant land being developed) , which should occur by 1990. The noise levels and contours shown in Figure 15 are based on current and assumed typical highway configurations and current automotive design . A change in these factors could reduce noise levels at the source and reduce the propagation of noise, thus pulling the contour lines in closer to the roadway. An average propagation loss , as shown in Figure 16 , has been used to determine the actual placement of each contour line where the roadway is level with the surrounding ground level (or assumed to be ) . If a roadway is elevated , the high level contours (70 and 65 dB curves ) will shrink in . This is because the edge of the road will shield some of the noise of the cars from residences very close to the road. At greater distances (such as the 60 decibel contour) , this shielding is non-existent and the raised roadway does not offer any reduction . In areas where a roadway is depressed , there will be a 5 or 6 dB reduction of all levels . Short sections of depressed roadway do not offer much advantage , but a long section would give this desirable effect. -23- . I ••• 65 ff VV _ I WRT R4 \• — l��///o` �� t<l1 000`r�S.lOk7 -•• •�n�\ 4 a� -.� f, yt _``/�"`' ((��Sijl rfj �,.� yn � _'" e �,Pi „ ..4 .• V,iH�: + y `= �,`�r Alt`\ zt.. ��C � , � s�• � .r'i f ai�'irs a 9� R�%y ' � t�aa� y/ tr,l�l�i�,t\ IOR Q >Zi %f i _ /�t � �' '�� e 6� � ✓ J? ,1� +`a�u�fi �3 �����,pF(f3®��f aF���7 �� ♦ �'\` I i yo �' a ce - o _! s'"- t•,� �' ,V . .,,,,w� ��� �a �� � p,,\ r r ' tc,:i�, e'.` p� �,�a C"> � ��w'�`S' ,'fie � ^ i--•" I,� r �11J�/!�,/ .' i$ � .� - �.ZL �EE di�t' ,' �E 0_�..4�.✓. ���.Y � \\�.. _CMIMMf[�`-�. v d� W4��� '�1 I J dR {fir u � < /•P p�`1� }/ � \` t1LC:L��Y� (',i ll�l?:r'=1�' 4'9� ' �\ .��_S }}-t._ �s _�� ;r['s_• 49Q`.` /. �� �{i,'�4i'S�`# 77 -_''Qp •' C" li`I^ ��._a_tlt�u_.,u3�D t. io" "t` -- •t` l..-_ _ - , ' `�` YF F - 1 s rj °��g'a ;.iei S.iS Si:iE%� ,`q t � 1 __�Z - Y . 7 . ,L«F. •e/s � � r CITY 01F VEWPO$3 BEAC1f MORE` 5 PROJECTED I' 'IEE L.Ujl4' R IV �G e E /_ _ 4R+�AYE,901p4tEY. MdlP6M RVE;- Wtt LABIBAINO - - .kr .KF--r ��-v. - , -_- y� _a, • , 6 r-�"P:,'{ �1vi - , 90 - CI`E 80 135,000 Vehicles/Day Z 40,000 Vehicles/Day C14 25,000 Vehicles/Day °1 20,000 Vehicles/Day m 70 o • a J a 60 N_ 0 Z 1 2- 0 50 For 48 miles per hour, Subtract 3 dB s For 75 miles per hour, Add 3 dB Q40 30 10 100 1000 10,000 Distance from Center of Roadway, feet Figure 1 6. Predicted Decay of Sound from Roadways Having Various Average Daily Traffic Counts at 60 mph SECTION 2 - AIRCRAFT NOISE Since the appearance of turbojet and turbofan propulsion systems in the field of commercial aviation , a significant noise intrusion has invaded many homes located near flight paths within the City of Newport Beach . In addition , military heli - copters from the nearby marine airfield and police helicopters contribute to the overall noise levels in some parts of the City . It is not the intent of this section of the Noise Element to attempt a comprehensive survey of aircraft noise conditions which are covered in depth in many other studies , but to indicate the noise impact areas and general effects of aircraft noise as identified by others . Commercial Jets In 1970, the City of Newport Beach contracted with the consulting firms of Wilsey & Ham, Planners , Paul S . Veneklasen & Associates , Acoustical Engineers , and Darley/Gobar Associates , Economists , to study the impact of Orange County Airport on the City of Newport Beach . This study culminated in the report : "Orange County Airport Impact Study" , January , 1972. As part of this study, Paul S. Veneklasen & Associates conducted a noise measurement survey and then constructed noise level contours . These contours are shown in Figure 17. The contours shown are based on level of operations which were determined by observation during the noise measurement survey and on the , then , current 1972 airline schedules . In order to illustrate the benefits from noise abatement takeoffs , Veneklasen drew contours -25- • CO i A T 7 • '� 4i � G� 41 J ^ O A O O s o S a n t a e w P a r t 6 :A n a q e 5 v 55 dB At u 0 o Q H a 4 0 Lido ^ > 3 Q ^ � try ar ^ Island n e o 00 Ay ♦ a d L C+ a �� O 2 a o ♦ o � 10 vc� r m""mT A ^ ert-..nn , 70 1 Yb r Dr , E ♦♦♦♦I � n i n 2 low 2 ♦♦ z �� p p e t6 N e w �t B o 65 "l1 Flight Path ♦ ♦ '� 1 18N3 Yam, a 1 ♦♦ im w, r ♦ ram- �� L ,W a 2 „ 0 ♦ ;� .16 a 60 N 3 a y 32 i �/� e 5 4 it/•1L//// "� CO W ' -• f Al J a 5 _ Bj�r'i o. 4 m b 0 ( �� Room goal +� d � t- r e d � � b A 6 Nu ers on Flight Path Denote Dis- 7 tan from Start of Takeoff Roll (Thousands of Feet) 1 8 Number of Aircraft Operations Type of Day Evening Night Aircraft (0700-1900) (1900-2200) (2200-0700) Boeing 737 or 17 4 0 2 Douglas DC-9 Legend: 2 Engine Bus. Normal Takeoff Power ,1LL Itl rECi 4 0 0 Jets Power Cutback at 1,500 Ft. Altitude _ Source: Paul S. Veneklasen 6 Associates, 1970. FIGURE -11 CNEL CONTOURS FOR 1970 OPERATIONAL LEVEL with and without power cutback procedures . In their report Veneklasen & Associates strongly recommended that a CNEL value of 60dBA be used as a boundary defining the noise impact area around Orange County Airport: Veneklasen based this recommendation upon the results of studies which have quantified certain aspects of noise which may have a bearing on the psychological state of individuals or of a large population exposed to high levels of aircraft noise. The noise impact area as defined by Veneklasen (within the 60 dBA CNEL contour) includes several residential neighborhoods designated for continued residential land use in the Residential Growth Element , including portions of Santa Ana Heights , Dover Shores ', and the Bluffs . A more recent study conducted by Veneklasen & Associates , "Aircraft Noise Level Study" , October 18, 1972 , measured aircraft take-off noise levels at ten residential sites in Newport Beach . This study concluded that the measured noise levels found were consistent with the earlier CNEL contours , and that speech inter- ference and sleep disturbance are frequent occurences . The purpose of this study was to provide support data for the larger report illustrating the adverse effect of aircraft noise on property values : "Studies Related to Jet Aircraft-Originated Noise Levels and the Economic Impact Upon Residential Property Values Associated with Orange County Airport" , February 12, 1974 , Manhinney & Long , and Veneklasen & Associates . This study concluded that the aircraft noise has caused a relative decline in property values in excess of 14% for those homes located under or near the flight path . -26- STATE REQUIREMENTS The State of California has adopted the following noise criteria for defining airport noise impact boundaries (Orange County Airport falls into the " (b )" category) : " Limitations on airport noise in residential - communities are hereby established . (a ) The criterion community noise equivalent level (CNEL ) is 65 dB for proposed new airports and for vacated military airports being converted to civilian use . (b ) Giving due consideration to economic and technological feasibility , the criterion community noise equivalent level ( CNEL ) for existing civilian airports (except as follows ) is 70 dB until December 31 , 1985 , an.d 65 dB thereafter. (c) The criterion CNEL for airports which have 4-engine turbojet or turbofan air carrier air- craft operations and at least 25 ,000 annual air carrier operations (takeoffs plus landings ) is as follows : Date ' CNEL in decibels Effective date of regulations to 12-31 -75----80 1 -1 -76 to 12-31 -80---------------------------75 1 -1 -81 to 12-31 -85---------------------------70 1 -1 -86 and thereafter------------------------6511 -27- Section 5005 of the California Administrative Code lists the findings of the state in adopting these airport noise standards : Citizens residing in the vicinity of airports are exposed to the noise of aircraft operations . There have been numerous instances wherein individual citizens or organized citizen groups have complained about airport noise to various authorities . The severity of these complaints has ranged from a few telephone calls to organized legal action . Many of these cases have been studied by acoustics research workers under sponsorship of governmental and private organizations . These studies have generally shown that the severity of the complaint is principally associated with a combination of the following factors : (a ) Magnitude and duration of the noise from aircraft operations ; (b ) Number of aircraft operations ; and (c ) Time of occurrence during the day (daytime , evening or night) . There are many reasons given by residents for their complaints ; however, those most often cited are interference with speech communication , TV and sleep. A number of studies have been made related to speech interference and hearing damage , and some studies have been made related to sleep disturbance and other physiological effects . These studies provide substantial evidence for the relationship between noise level and its interference with speech communi - cation and its effect relative to hearing loss . Significantly less information is available from the results of sleep and physiological studies . In order to provide a systematic method for evaluating and eventually reducing noise incompatibilities in the vicinity of airports , it is necessary to quantify the noise problem. For this purpose , these regul-ations establish a procedure for defining a noise impact area sur- rounding an individual airport . The criteria and noise levels utilized to define the boundaries of the noise impact area have been based on existing evidence from studies of community noise reaction , noise interference with speech and sleep , and noise induced hearing loss . " The purpose of the state regulations and a methodology for controlling and reducing noise problems are also listed within -28- the California Administrative Code: "The purpose of these regulations is to provide a positive basis to accomplish resolution of existing noise problems in communities surrounding airports and to prevent the development of new noise problems . To accomplish this purpose , these regulations establish a quantitative framework within which the various interested parties ( i . e . , airport proprietors , aircraft operators , local communities , counties and the state) can work together effectively to reduce and prevent airport noise problems . The methods whereby the impact of airport noise shall be controlled and reduced include but are not limited to the following : (a ) Encouraging use of the airport by aircraft classes with lower noise level characteristics and discouraging use by higher noise level aircraft classes ; (b ) Encouraging approach and departure flight paths and procedures to minimize the noise in residential areas ; ( c ) Planning runway utilization schedules to take into account adjacent residential areas , noise characteristics of aircraft and noise sensitive time periods ; ( d) Reduction of the flight frequency , par- ticularly in the most noise sensitive time periods and by the noisier aircraft; (e) Employing shielding for advantage , using natural terrain , buildings , et cetera ; and (f) Development of a compatible land use within the noise impact boundary. Preference shall be given to actions which reduce the impact of airport noise on existing communities . Land use conversion involving existing residential communities shall normally be considered the least desirable action for achieving compliance with these regulations . " Section 5062 of the California Administrative Code probides that : "No airport proprietor shall operate his airport with a noise impact area of other than zero unless said operator has a variance as prescribed in Article 11 of this subchapter of these regulations " . -29- Orange County Airport does currently have a noise impact area of greater than zero (since the 70 dB CNEL contour includes residential neighborhoods ) and has submitted an application for variance , as contained in the " Report to the State of California Director of Aeronautics on the Compliance of Orange County Airport with the Adopted Noise Regulations for California Airports" , January 26 , 1974. This variance request is currently under consideration by the California Department of Aeronautics . -30- • • EXISTING CITY POLICY ON ORANGE COUNTY AIRPORT The current City of Newport Beach policy regarding Orange County Airport was adopted by the City Council on February 14 , 1972 and states : " In developing its position regarding issues related to Orange County Airport , the Newport Beach City Council has always carefully examined pertinent aviation technical studies ; has weighed the desires of citizens of the County for commercial air transportation ; the assumed benefits in employment and trade from business and industry attracted to the airport and adjacent airport industrial development ; the continuing commitment of the County of Orange to preserve viable general aviation facilities ; and finally , the responsibility of public officials to protect and enhance the comfort , well -being and quality of residential living for the citizens they serve . After considering these factors , the Newport Beach City Council has concluded that it is in the best interest of the City and an important responsibility to assure its citizens , and the tens of thousands of patrons of its water-oriented recreation attractions , a continuation and enhance- ment of the residential and outdoor recreational environment. Therefore , it is essential that effective measures be employed so that the noise and pollution emanating from jet aircraft operations at Orange County Airport can be constrained and abated. To accomplish such objectives , the City of Newport Beach offers the following findings and recommendations for operation of Orange County Airport. Control of Commercial Jet Departures The control of commercial jet departures through terminal lease restrictions appears to be the most productive technique for immediate management by local authorities of the noise problem. The following conditions should govern the con- tinuance of terminal access privileges by com- mercial carriers at Orange County Airport : (a ) The hours of operation should be from 7: 00 a. m. to 10 :00 p .m. only. (b ) The type of jet aircraft should be limited to those no louder than the Boeing 737 or Douglas DC-9 and with a gross weight not to exceed 95 ,000 pounds . -31 - EXISTING CITY POLICY (Continued ) ( c ) The permitted number of daily operations should be restricted to a number not to exceed the average daily level for the twelve months immediately preceding expiration of the present leases . (d) Noise abatement flight procedures should be vigorously enforced by airport management. To aid in this effort and to provide a reliable and scientific basis for assessing the noise problem, suitable measurement equipment and competent operators should continue to be maintained at the airport. (e) No terminal access privileges should be granted to any new carrier who proposes to use jet aircraft , or who may receive authority to serve any point where the ultimate destination is more than 400 miles from Orange County. No expanded terminal facilities should be permitted , nor should any commercial carrier be allowed to construct terminal facilities which would be independent of the County ' s regulatory controls . (f) No commercial carrier should be permitted to use aircraft not equipped with the latest smoke reduction retrofit equipment. General Aviation Operations Piston-driven private and commercial aircraft do not appear to constitute a serious environmental pollution problem. However, the uncontrolled operation of privately owned jet powered aircraft poses an increasingly serious noise problem . The County should maintain strict measures to limit times of operation , flight procedures and noise abatement patterns for such aircraft. If the Director of Aviation cannot attest to a significant improvement in this problem within a reasonable period of time , the use of such jet powered aircraft should be banned from the airport. New Facilities The Orange County Board of Supervisors has elected to be the local agency providing commercial airline facilities for this metropolitan area . The Board should acknowledge that the Orange County Airport is not, and in all probability will never be , an acceptable facility for jet powered aircraft. Further , numerous technical studies have demonstrated that the only sensible solution to the county ' s aviation facilities needs is the development of an alternate jet capable airport. The City Council urges the Board of Supervisors and all aviation authorities to make a strong commitment to this objective . -32- EXISTING CITY POLICY ( Continued) New Facilities The Orange County Board of Supervisors has elected to be the local agency providing commercial airline facilities for this metropolitan area . The Board should acknowledge that the Orange County Airport is not, and in all probability will never be , an acceptable facility for jet- powered aircraft. Further, numerous technical studies have demonstrated that the only sensible solution to the county ' s aviation facilities needs is the development of an alternate jet-capable airport. The City Council urges the Board of Supervisors and all aviation authorities to make a strong commitment to this objective . Until such time as such a facility is available for use , strong measures must be employed to control the environmental problems created by Orange County Airport. " The City of Newport Beach has filed a complaint , on May 16 , 1974, against the County of Orange which seeks to ' abate the public nuisance caused by aircraft noise . This lawsuit asks that the court order the county to provide assurances that effective noise abatement actions will be taken . It is hoped that this lawsuit will provide the vehicle by which the City of Newport Beach and the County of Orange can agree ; by way of a written , binding document; to the elements which are necessary to provide said effective aircraft noise abatement. -33- HELICOPTERS Helicopters , both police and military , are another significant source of aircraft noise within Newport Beach . This subsection on heli - copter noise is based on the helicopter noise section of the Wyle Laboratories Study : "Analysis of Highway Traffic Noise in Newport Beach , California" . POLICE HELICOPTERS The City of Newport Beach operates two police helicopters for surveillance of areas sensitive to crime. These craft have no set pattern of operation and might be found at any point at• any time. During emergency situations when the helicopter is moving to a scene of action , noise generation is quite high , but duration and frequency (as received by a given resident under the flight path ) are very low. Figure 18, below , lists the three different operating altitudes together with a progression to CNEL figures under some different assumed flight patterns . Fig . 18 - Noise Levels for Operation of Police Helicopter Height Above Ground Level in Feet Noise Measurement 500 800 1500 "A" Weighted Sound Pressure Levels 70 65 60 in dB (re: 20 µ N/m2) SENEL Under Flight Track Assuming 85 82 80 Cruise Speed of 30 mph CNEL Under Flight Track Assuming 49 43 41 One Flight/Day and Two Flights/ Night CNEL Under Craft Assuming a 55 50 48 10 Minute Hover at One Location Source : Wyle Laboratories -34- L ' Figure 18 indicates that the police helicopter , though quite noticea- ble during the time when it is flying over , generates relatively low total acoustic energy averages over a day. Helicopter overflights are very singular, relatively nonrepetitive events . The foregoing data therefore tends to confirm a conclusion that can be drawn from everyday experience , that during the day such events will not usually cause extended annoyance and complaints . At night , however , repetition throughout the night is not a necessary condition for annoyance. A single event which produces complete awakening or even adequate recall can produce severe annoyance. Continuous night-after-night repetition will lead to inevitable complaint and in some cases only a few repetitions will arouse vigorous action. MILITARY HELICOPTERS Military helicopters flying over the City of Newport Beach are usually from the Marine Corps Air Station (MCAS ) in Santa Ana in support of operations at Camp Pendleton . The FAA has assigned a total of eight routes for their use over populated areas . These routes are used when visual flight is possible. The military helicopters are permitted to fly under any weather conditions wherein the pilots can maintain ground contact . The normal minimum altitude requirements are 600 feet above sea level for inbound , and 800 feet for outbound craft. All aircraft are required to fly 500 feet below cloud banks under special Visual Flight Rule conditions , but the military helicopters are permitted the additional allowance of being able to fly if they can maintain ground contact. Under clear skies , these craft fly at about 1800 -35- feet above sea level , leaving considerably more clearance with less noise. The one route for military helicopters that affects the City of Newport Beach is called the " Palisades Route" . This route . is used to fly from MCAS to the sea , and may be described as running due south from the Big Canyon Reservoir and 30 degrees east from that reservoir. The assigned path is 1 /4 mile wide . Figure 19 indicates this flight path and the60 and 55 dB (A) CNEL contours . Populated areas within the city limits , directly under the flight path , include sections of Corona del Mar and the Harbor View Hills areas . A flight path 600 feet above sea level is only 300 feet above the Big Canyon Reservoir. The developments being constructed around Spyglass Hill are even higher and could , conceivably , be within 120 feet of a helicopter if a craft used the eastern-most edge of the path . The whole of Surrey Drive in the Cameo Highlands is approximately 400 feet below this flight path minimum altitude . The helicopter CNEL contours were developed by Wyle Laboratories based on an average sound level generation of four types of military helicopters operating in this flight path and an assumed altitude of 1 , 000 feet. Maximum sound pressure levels that may be expected along this 60 dB CNEL contour will approximate 83 dBA. Flyovers of military heli - copters may cause some annoyance , possibly leading to complaints , where residences are less than 2400 feet from the flight path -36- within the 60 dB (A) CNEL contour. At greater distances , the annoyance will decrease to levels below those of traffic noise. The Harbor View Elementary School and the Intermediate School on San Joaquin Hills Road are the most potentially sensitive recipients of military helicopter noise . -37- I I AWL 1 �Oi I HELICOPTER t t ^ . 6000 // 9�/© i HELICOPTER Iry i1 1 7 Xj/ MEN 11 T � .°de ih�® n ® • n � � V•,I JQe � Q ♦,Cf� ,.J �� s` f7G7®®� G'62C7C�C�LUNLY �C GCg i o ./,A� _mot�� � � � ��[. eg{';� •' —';- � (®�S Q :�, a�1y9� �gp�(��'G�CJCJf�j7F7 z �..u.r '\•. T •,; _ "�sR11, a' r' QU� ©© 1� �i �ir.� s'° aB :tea- a y c.`• i avmmw uun i�:ii iTi iseiii-'1 n +at.�^a-: " A 1� `♦ // ..r ,. Q ®©qi ' DO+-....... OO� G`�� _ u swm eN ,:, `� uao O i i 1' m' ., � � •, -_ • _ -;; ' .�$o ; c. fiats a•(Yl,al t}-t--- ''�-"„�—g'. �� �' ��,,...f. � q�d������ ♦. fs i 11 Q� u� � e /.��-E�'= _iy�`Y w.� s: � ©a�, �p A�©�y� � �7 111" a- == ��QQO1j! °2ga pL•oc .�� !j�'l oollllj © �+ {t ii:s oa ii{•ai{{{:';)� oo�o�u�Jljph7 �,pG .q.�$_ "—` p''�.! a ���6.^3C0 '�� .ua �I�- 'l • \ A •.:. Ldp� o �y.M?: cis r+`��' '���✓' ..r.r� .� - '• a�j✓� CITY OF NEINPORT BEACH Ili FIGURE-19 CONTOURS Of CONSTANT CNEL j c YY —fJo s `t FOR MILITARY HELICOPTERS SOURCE: WYLE LABORATORIES SECTION 3 - STATIONARY SOURCES Existing Conditions This category of noise impacts includes such sources as : 1 . Industrial Operations 2 . Air Conditioning and Swimming Pool Motors 3. Maintenance and Construction Operations While no research studies have been conducted on stationary noise sources in Newport Beach , it is apparent that this category of noise has a relatively minor impact. Few complaints of continuing noise from stationary sources have been received. Most of the industry in the City of Newport Beach could be classified as "light" industry involving mostly research and development activities ; no major "heavy" industries (with large noise-producing machinery ) are located in the City. In view of the large amount of building activity in the City , periodic noise impacts from operation of construction equipment must be expected. However , these noise impacts are temporary in nature and generally occur only in the daytime . Future Conditions It is anticipated that noise from stationary sources will not become a major problem in the future . All of the developing industrial areas are of the " industrial park" type , consisting of " light" industrial operations . As the City becomes more fully developed , noise from construction activity should taper off. -38- SECTION 4 - NOISE CONTROL PROGRAM In order to protect the citizens of the City from the adverse effects of an uncontrolled noise environment , the City of 'Newport Beach will undertake a " noise control program" , including the control of noise at its source , and the attenuation of noise between the source and the receiver. The City will : 1 . Extend the California Administrative Code requirements for noise mitigation in the design and construction of new multi -family residential developments (Article 4 of the CAC) to include all types of residential development . 2. Exert all possible influence on the design of the Corona del Mar freeway to assure that it will be constructed as a "depressed" roadway and that all other practical noise mitigation measures will be implemented . 3. Adopt a local "noise control ordinance" which will protect residential and institutional properties from potential excessive levels of noise from stationary sources and which can be used as a guide to new businesses and industries in designing their facilities (so that the noise levels in the ordinance are not exceeded when new facilities are constructed ) . 4. Continue to require that noise impact analysis be included in Environmental Impact Reports , including the noise impact of the proposed development on other properties , and the effect of existing or projected noise levels on the future users or residents of the -39- ♦ proposed development. 5. Continue to enforce the California Vehicle Code Provisions relating to modified muffler systems . 6. Consider noise impacts when purchasing City vehicles and other City-owned equipment. 7. Continue to vigorously oppose the expansion of Orange County Airport and work towards imple- mentation of the City ' s airport policy , as stated in Section 2 of this Element. In addition the City will : A. Encourage the reinstatement of the "Preferential Runway Program" . This program, which involved scheduling takeoffs in a northerly direction during morning hours when wind condi - tions were favorable , had a definite bene- ficial effect in reducing jet aircraft noise over the City of Newport Beach. The program was terminated by the Board of Supervisors contrary to the advice of the airport noise abatement staff. B . Encourage the County Board of Supervisors to initiate a program of economic incentives for airlines to reduce the levels of noise generated by their aircraft. C. Support the implementation of programs for reduction of noise emissions from aircraft, as retrofit devices . -40- 8. Support the development and enforcement of more stringent State and Federal vehicle and Aircraft Noise Control Legislation . -41 - COMMISSIONERS SICITY OF NEWPORT SACH /0.0� FOdIZ COP MINUTES x ,m0 N ROLL CALL August 15 , 1974 DO'NOT REMOVE INDEX Item #9 Request .to consider the adoption of the Noise NOISE Element of the Newport Beach General Plan. ELEMENT Initiated by : The City of Newport Beach CONT. TO AUG. 29 Motion X Planning Commission continued this matter to the Ayes X X X X X adjourned meeting of August 29, 1974. Absent X X Item #10 Proposal to amend the Newport Beach Municipal Code NOISE by the adoption of a Noise Ordinance. ORDINANCE Initiated by: The City of Newport Beach CONT. TO AUG. 29 Motion X Planning Commission continued this matter to the Ayes X X X adjourned meeting of August 29, 1974. Absent X 11Z Item #11 Appe 1 of Thomas E. Steinfeld from a staff inter- APPEAL preta 'on of the provisions of the Newport Beach STAFF Municip Code as they pertain to a proposed INTERPRE- single fa ily dwelling in the R-2 District located TATION at 123 - 2 h Street on, the Peninsula. WITHDRAWN Motion X At the request f the applicant, Planning Commis- BY Ayes X X X X X sion withdrew th s matter from the calendar. APPLICANT Absent X X Motion X Motion was made to adjou the Planning Commission Ayes X X X X X meeting to August 29, 1974, at 1 :00 P.M. in th'e Absent X X City Council Chambers . Time . 12 : 55 A. M. Commissioner Heather advised she wo ld be unable to attend the adjourned meeting of Au ust 29 , 1974 and requested and received permission be abs.ent from same. JAMES M. PARKER, Secretary Planning Commission City of Newport Beach Page 17. COMMISSIONERS CITY OF NEWPORT SACH FEE,EF C@FV MINUTES Z A N ROLL CALL August 15 , 1974 DO NO INDEX Item #9 uest .to consider the adoption of the Noise NOISE Elemen the Newport Beach General Plan. ELEMENT Initiated by : The l ' f Newport Beach CONT. TO TUG. 29 Motion X Planning Commission continued this r to the Ayes X X X X X adjourned meeting of August 29, 1974. Absent X X Item #10 Proposal to amend the Newport Beach Municipal Code NOISE by the adoption of a Noise Ordinance. ORDINANCE Initiated by: The City of Newport Beach CONT. TO TUG. 29 Motion X Planning Commission continued this matter to the Ayes X X X X X adjourned meeting of August 29, 1974. Absent X X Item #11 Appeal of Thomas E. Steinfeld from a staff inter- APPEAL pretation of the provisions of the Newport Beach STAFF Municipal Code as they pertain to a proposed INTERPRE- single family dwelling in the R-2 District located T TIC ON at 123 - 27th Street on, the Peninsula. WITHDRAWN Motion X the request of the applicant, Planning Commis- BY Ayes X X X X X sio withdrew this matter from the calendar. APPLICANT Absent X X Motion X Motion was mad to adjourn the Planning Commission Ayes X X X X X meeting to Augus 9 , 1974, at � :00 P.M. in th1e Absent X X City Council Chambe Time : 12: 55 A.M. Commissioner Heather advised he would be unable to attend the adjourned meeting f August 29 , 1974 and requested and received permis on to be abs.ent from same. JAMES M. PARKER, Secretary Planning Commission City of Newport Beach Page 17. Planning Commission Meeting August 15 , 1974 Agenda Item No . 9 & 10 CITY OF NEWPORT BEACH August 9 , 1974 TO: Planning Commission FROM: Department of Community Development SUBJECT: Noise Element and Noise Ordinance (Continued Public Hearings ) . At the August 1 , 1974 Planning Commission meeting , the public hearings for the Noise Element and the Noise Ordinance were continued to the August 15 , 1974 meeting . Attached are draft copies of the Noise Element , Noise Ordinance , previous staff memos , dated July 9 , 1974 and the memo from the Police Chief regarding the Noise Ordinance. Staff would suggest that two separate public hearing sessions be held at the August 15 , 1974 meeting on the two items . COMMUNITY DEVELOPMENT DEPARTMENT R. V. Hogan , Dire for By I Cowell Advance Planning Administrator TC :jmb Att. DO ,NOT RCMOVE Planning Commission Meeting July 18 , 1974 Agenda Item No . 9 CITY OF NEWPORT BEACH July 9 , 1974 TO : Planning Commission FROM: Community Development Department SUBJ : Noise Element and acceptance of Environmental Impact Report EIR/NB 74-047. Attached is a draft copy of the Noise Element of the Newport Beach General Plan , and a draft of EIR/NB 74-047 as prepared by staff. This Element is based on the following consultant studies : 1 . "Analysis of Highway Traffic Noise in Newport Beach , California" , Wyle Laboratories , June , 1974. 2 . "Orange County Airport Impact Study" , Wilsey and Ham, April , 1972. 3. "Studies Related to Jet Aircraft-Originated Noise Levels and the Economic Impact Upon Residential Property Values Associated with the Orange County Airport" , Manhinney and Long , and Paul S . Veneklasen and Associates , February , 1973. This is one of the State-mandated General Plan Elements which , by State law, are to be adopted by September 20 , 1974. A public hearing on this Element has been set for the July 18, 1974 Planning Commission meeting. Environmental Im act Resort EIR/NB 74-047 has been reviewed by the Environmental Affairs Committee and the Committee recommends acceptance. Recommendation Staff recommends that this Element , with revisions as desired , be TO : Planning Commission - 2 recommended to the City Council for adoption as the Noise Element of the Newport Beach General Plan and that the Planning Commission recommend acceptance of EIR/NB 74-047. COMMUNITY DEVELOPMENT DEPARTMENT R . V . HOGAN, DIRECTOR I A0. By T ' owell Advance Plan ng Administrator TC: jmb Att. : Noise Element EIR/NB 74-047 CITY OF NEWPORT BEACH NEWPORT BEACH , CALIFORNIA EIR/NB 74-047 ENVIRONMENTAL IMPACT REPORT FOR THE NOISE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN . This E . I . R . has been prepared pursuant to the requirements of the C. E . Q . A. and the guidelines of the City of Newport Beach . It is the intent of this report to explore and evaluate the significant city-wide environmental impacts of the Noise Element of the Newport Beach General Plan . The Noise Element provides a survey of the current noise environment and concludes with a proposed noise control program. It is intended that this Noise Element satisfy the State requirement that local General Plans contain a Noise Element (Section 65302 of the Government Code ) . SCOPE OF REPORT This " project" is not a development project in the normal sense , but rather a plan for control of noise. As such , there will be no immediate effect on the physical environment of the City . Therefore, this E . I . R. discusses the probable long-term environmental impacts resulting from the adoption and implementation of this Element. DESCRIPTION OF ENVIRONMENTAL SETTING The City of Newport Beach is blessed with a unique geographical setting , located on the Pacific Ocean and containing Newport Bay. NOISE CONTROL OBJECTIVES The proposals contained in the Noise Element are based on the General Plan Policy report adopted by the City Council on March 13 , 1972. Following is the policy relating to the Noise Element excerpted from the General Plan Policy report : "The City shall identify and measure the chief sources of noise and air pollutants within the community , and their impact upon the local environment. The City shall also encourage and promote the development of a comprehensive air and noise quality program to ensure adequate regulations and controls -for the preservation and enhancement of the environment. " THE ENVIRONMENTAL IMPACT OF THE PROPOSED ACTION The Noise Element proposes a program of noise control which can only be beneficial to the future environment. ANY ADVERSE ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROPOSAL IS IMPLEMENTED No adverse environmental effects will result from the adoption of this Element. MITIGATION MEASURES PROPOSED TO MINIMIZE THE IMPACT No mitigation measures can be 'proposed , since there will be no adverse environmental impact. ALTERNATIVES TO THE PROPOSED ACTION One alternative is simply not to adopt a Noise Element. This would be in violation of the State Government Code which requires cities to adopt a Noise Element. A second alternative would be to adopt a Noise Element which does not include proposals for a noise control program. This alternative would result in the adverse impact of uncontrolled noise. RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF MAN ' S ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY The Noise Element is a long-range plan for noise control . ANY IRREVERSIBLE ENVIRONMENTAL CHANGES WHICH WOULD BE INVOLVED IN THE PROPOSED ACTION , SHOULD IT BE IMPLEMENTED No irreversible changes will result. THE GROWTH- INDUCING IMPACT OF THE PROPOSED ACTION No growth-inducing impact will result. SUMMARY The adoption and implementation of the Noise Element will result in no adverse environmental effects . Conversely , the adoption and imple- mentation of this E1•ement will result in envirohmental improvement. Planning Commission Meeting July 18, 1974 Agenda Item No . 9 CITY OF NEWPORT BEACH July 9 , 1974 TO : Planning Commission FROM: Community Development Department SUBJ : Noise Ordinance Attached is a revised draft of the proposed noise ordinance. This draft is essentially the same as the version discussed by the Planning Commission at the May 16 , 1974 Study Session , with the following revisions : 1 . Pg. 2 , the definition of "Public Institutional Property" has been expanded to include private schools and libraries . 2. Pg. 7 , the requirement that the applicant for I a variance pay a seventy-five dollar fee if he appeals the Planning Commission decision to the City Council has been deleted . In addition , several non-substantive revisions to the wording have been made as suggested by the Orange County Health Department. in their model noise ordinance. If the Planning Commission desires to recommend a noise ordinance , this ordinance may be recommended to the City Council for adoption as Chapter 10. 30 of the Municipal Code. As requested by the Planning Commission , staff has referred the Orange County Model Noise Ordinance to the Police Department . The Police Department ' s comments will be presented at the meeting . COMMUNITY DEVELOPMENT DEPARTMENT R. V . HOGAN , DIRE TOR By: Ti Cowe 1 TC :jmb Advance Planning Administrator Enc. Noise Ordinance CHAPTER 10. 30 NOISE CONTROL Sec. 10. 30. 010. Declaration of Policy. In order to control unnecessary , excessive and annoying noises , it is hereby declared to be the policy of the City of Newport Beach to prohibit such noises generated from all sources as specified in this Chapter. It is determined that certain sound levels are detrimental to the public health , welfare and safety , and contrary to public interest ; therefore , the City Council does ordain and declare that creating , maintaining , causing or allowing to create , maintain or cause any noise in a manner prohibited by, or not in conformity with , the provisions of this Chapter, is a public n.uisance and shall be punishable as such. Sec. 10. 30. 015. Definitions . The following words , phrases and terms as used in this Chapter shall have the meaning as indicated below: AMBIENT NOISE LEVEL shall mean the all -encompassing noise level associated with a given environment , being a composite of sounds from all sources , excluding the alleged offensive noise , at the location and approximate time at which a comparison with the alleged offensive noise is to be made. CUMULATIVE PERIOD shall mean an additive period of time com- posed of individual time segments which may be continuous or inter- rupted. DECIBEL (dB ) shall mean a unit which denotes the ratio between two (2 ) quantities which are proportional to power: the number of decibels corresponding to the ratio of two (2) amounts of power is ten ( 10 ) times the logarithm to the base ten ( 10) of this ratio . EMERGENCY MACHINERY , VEHICLE OR WORK shall mean any machinery , vehicle or work used , employed or performed in an effort to protect provide or restore safe conditions in the community or for the citizenry , or work by private or public utilities when restoring -1 - utility service. FIXED NOISE SOURCE shall mean a stationary device which creates sounds while fixed or motionless , including but not limited to industrial and commercial machinery and equipment , pumps , fans , compressors , generators , air conditioners and refrigeration equipment . GRADING shall mean any excavating or filling of earth material or any combination thereof conducted to prepare a site for construction or other improvements thereon. IMPACT NOISE shall mean the noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest . MOBILE NOISE SOURCE shall mean any noise source other than a fixed noise source. NOISE LEVEL shall mean the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micronewtons per square meter . The unit of measurement shall be designated as dB (A) . PERSON shall mean a person , firm, association , co-partnership , joint venture, corporation or any entity , public or private in nature . PUBLIC INSTITUTIONAL PROPERTY shall mean a parcel of real property which is used for public or private school , library , hospital , or church purposes . RESIDENTIAL PROPERTY shall mean a parcel of real property which is located in a residential zoning district or which is designated for exclusive residential use in the General Plan , any Specific Area Plan , or Planned Community District of the City of Newport Beach . The term " residential property" shall not include 1 ) residentially- developed parcels or residential units located in commercial , commercial - residential , or industrial zoning districts. SIMPLE TONE NOISE shall mean a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished . -2- SOUND LEVEL METER shall mean an instrument meeting American National Standard Institute ' s 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. SOUND PRESSURE LEVEL of a sound , in decibels , shall mean twenty ( 20 ) times the logarithm to the base ten (10 ) of the ratio of the pressure of the sound ,to a reference pressure , which reference pressure shall be explicitly stated . Sec . 10. 30. 020. Noise Level Measurement Criteria . Any noise level measurements made pursuant to the provisions of this Chapter shall be performed using a sound level meter as defined in Section 10. 30. 015. Sec. 10. 30. 025. Designated Noise Zones . The properties hereinafter described are hereby assigned to the following noise zones . Noise Zone 1 : All residential and public institutional properties as defined in Section 10. 30. 015 , in or adjacent to the City of Newport Beach . Sec. 10. 30. 030. Exterior 'Noise Standards . (a) The following noise standards , unless otherwise specifically indicated , shall apply to all property within a designated noise zone . NOISE STANDARDS NOISE ZONE NOISE LEVEL TIME PERIOD 1 55 dB(A) 7 : 00 a .m. - 10 : 00 p.m. 50 dB (A) 10 : 00 p .m. - 7 : 00 a. m. (b ) It shall be unlawful for any person at any location within the City of Newport Beach to , create any noise , or to allow the creation of .any noise on property owned , leased , occupied or otherwise controlled by such person , which causes the noise level when measured on any property , in a designated noise zone , to exceed : ( 1 ) The noise standard for a cumulative period of more than thirty minutes in any hour ; or ( 2 ) The noise standard plus 5 dB (A) for a cumulative period of more than fifteen minutes in any hour ; or -3- (3) The noise standard plus 10 dB (A) for a cumulative period of more than five minutes in any hour; or (4) The noise standard plus 15 dB (A) for a cumulative period of more than one minute in any hour ; or ( 5) The noise standard plus 20 dB (A) for any period of time . (c ) In the event the ambient noise level exceeds any of the above five noise limit categories , the cumulative period applicable to said category shall be increased to reflect said ambient noise level . Furthermore , the maximum permissible noise level shall never exceed the maximum ambient noise level . ( d) Each of the noise limits specified above shall be reduced by 5dB (A) for impact or simple tone noises , or for noises consisting of speech or music. Sec . 10. 30. 03.5. Interior Noise Standard . , ( a) It shall be unlawful for any person at any location within the City of Newport Beach to create any noise , or to allow the creation of any noise on property owned , leased , occupied or other- wise controlled by such person , which causes the noise level when measured within a dwelling unit on any residential property , as defined in Section 10. 30. 15 , during the period 10: 00 p.m. to 7 : 00 a. m. to exceed : (1 ) 45 dB (A) for a cumulative period of more than 5 minutes in any hour ; or (2) 50 dB (A) for a cumulative period of more than 1 minute in any hour; or ( 3) 55 dB (A) for any period of time. (b ) In the event the ambient noise level exceeds any of the above three noise limit categories , the cumulative period applicable to said category shall be increased to reflect said ambient noise level . Furthermore , the maximum permissible noise level shall never exceed the maximum ambient noise level . -4- Sec. 10. 30. 040. Special Provisions . The following activities shall be exempted from the provisions of this Chapter: (a ) School bands , school athletic and school entertainment events . (b ) Outdoor gatherings , public dances , shows and sporting and entertainment events provided said events are conducted pursuant to a permit issued by the City of Newport Beach , relative to the staging of such events . (c ) Activities conducted on parks , public playgrounds and school grounds provided such parks , playgrounds and school grounds are owned and operated by a public entity. (d) Any mechanical device , apparatus or equipment used , related to or connected with emergency machinery , vehicle or work. (e) Noise sources associated with construction , repair , remodeling , or grading of any real property, provided said activities do not take place between the hours of 8: 00 p. m. and 7 : 00 a .m. on weekdays , including Saturday, or at any time on Sunday or a federal holiday. (f) Noise sources associated with the maintenance of real property used for residential purposes , provided said activities take place between the hours of 7: 00 a . m. and 8 :00 p.m. on any day except Sunday , or between the hours of 9 : 00 a. m. and 8: 00 p . m. on Sunday. (9 ) Any activity to the extent regulation thereof has been preempted by State or federal law. Sec. 10. 30. 045. Air Conditioning and Refrigeration ; Special Provisions . Until January 19 , 1979 , the noise standards enumerated in Sections 10. 30. 030 and 10. 30. 035 shall be increased 8 dB(A) where the alleged offensive noise source is an air conditioning or refrigeration system or associated equipment which was installed prior to the effective date of this ordinance. Sec . 10. 30. 050. Noise Level Measurement. The location selected for measuring exterior noise levels shall be at any point on the affected property. In the case of interior noise measurement , the windows shall be closed and the measurements -5- i shall be made at a point at least four (4) feet from the wall , ceiling or floor nearest the noise source. Sec. 10. 30. 055. Variance Procedure . The owner or operator of a noise source which violates any of the provisions of this Chapter may file an application with the Director of Community Development for a variance from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with said provisions , the reasons why immediate compliance cannot be achieved , a proposed method of achieving compliance, and a proposed time schedule for its accomplishment. Said application shall be accompanied by a fee in the amount of seventy-five dollars ($75. 00) . A separate application shall be filed for each noise source; provided , however, that several mobile sources under common ownership , or several fixed sources on a single property may be combined into one application . Upon receipt of said application and fee , the Director of Community Development shall refer it with his recommendation thereon within thirty (30 ) days to the Planning Commission for action at either a regularly scheduled or special meeting of the Commission . The applicant and any persons involved in the original complaint of violation shall be notified , in writing , at least ten (10) days prior to the Planning Commission meeting at which the variance request is heard. An applicant for a variance shall remain subject to prosecution under the terms of this ordinance until a variance is granted . The Planning Commission shall evaluate all applications for variance from the requirements of this Chapter and may grant said variances with respect to time for compliance , subject to such terms , conditions , and requirements as it may deem reasonable , to achieve maximum compliance with the provisions of this Chapter . Said terms , conditions , and requirements may include , but shall not be limited to limitations on noise levels and operating hours . Each such variance shall set forth in detail the approved method of achieving maximum compliance and a time schedule for its accomplishment. In its -6- i determinations the Planning Commission shall consider the magnitude of nuisance caused by the offensive noise ; the uses of property within the area of impingement by the noise; the time factors related to study design , financing and construction of remedial work ; the economic factors related to age and useful life of equipment ; and the general public interest and welfare . Any variance granted shall, be by resolution and any violation of the terms of said variance shall be unlawful . Sec . 10. 30. 060. Appeals . Within twenty-one (21 ) days following the decision of the Planning Commission on an application , the applicant , other interested party , or any member of the City Council may appeal the decision to the City Council by filing a notice of appeal with the Director of Community Development. Within thirty (30) days following receipt of a notice of appeal the Director of Community Development shall forward to the City Council copies of the application for variance, the notice of appeal , and all evidence concerning said application received by the Planning Commission , and its decision thereon . In addition , any person may file with the City Council , written arguments supporting or attacking said decision and the City Council may in its discretion hear oral arguments thereon . The applicant and any persons involved in the original complaint of violation shall be notified , in writing , at least ten ( 10) days prior to the meeting at which the appeal is heard . Within sixty (60) days following its receipt of the notice of appeal the City Council shall either affirm, modify or reverse the decision of the Planning Commission . Sec. 10. 30. 065. Relationship to Other Noise Regulations The provisions of this Chapter shall not be construed as permitting conduct not proscribed herein and shall not affect the enforceability of any other provisions of law relating to the control of noise. Furthermore , wherever an apparent conflict between these provisions and any other noise regulations exists , the more stringent of the noise regul.ations shall apply . -7- CITY OF NEWPORT BEACH POLICE DEPARTMENT July 12, 1974 TO: Tim Cowell, Advance Planning Administrator FROM: Chief of Police SUBJECT: NOISE ORDINANCE I have read with interest the proposed noise ordinance which I understand is essentially the same as one adopted by the County of Orange. While I recognize the desirability of im- proving our environment and living conditions in all possible respects I have some misgivings as to this being a suitable vehicle for such improvement. My concerns in the main are those of an operational or practical nature. Under present conditions the Police Department receives practi- cally all complaints relative to excessive noise or annoying noise. Officers are dispatched, contact the complainant and assess the situation in its totality. The hour of the day, the level of noise, the degree of aggravation, and the potential for citizen discomfort are all considered. Admittedly, their evaluation is subjective but subjective evaluations may be more satisfying to a resident who is disturbed by a barking dog or a loud stereo or even a swimming pool pump. Following an officer' s evaluation he will ordinarily advise the parties that (a) the level of noise is not in his opinion objec- tionable or (b) it is objectionable and must be stopped under authority of Section 415 of the Penal Code. If the noise con- tinues the officer may arrest. Section 415 reads as follows: "415. Disturbing the Peace. Every person who maliciously and willfully disturbs the peace or quiet of any neighborhood or person, by loud or unusual noise, or by tumultuous or offensive conduct, or threatening, traducing, quarreling, challenging to fight, or fighting, or who, on the public streets or any unin- corporated town, or upon the public highways in such unincorpor- ated town, run any horse race, either for a wager or for amuse- ment, or fire any gun or pistol in such unincorporated town, or use any vulgar, profane, or indecent language, within the presence or hearing of women or children, in a loud and boisterous manner is guilty of a misdemeanor, and upon conviction by any court of competent jurisdiction, shall be punished by fine not exceeding two hundred dollars, or by imprisonment in the county jail for not more than ninety days, or both fine and imprisonment, or either, at the discretion of the Court. " To: Tim Cowell, Advance Planning Administrator July 12, 1974 Page 2 You may note that Section 415 gives sufficient latitude for judgment and does place a burden of discretion on the officer. If the noise ordinance •is adopted we will be establishing an objective standard' of noise which may" preempt the officer' s judgment and rob the citizen of immediate relief from the annoyance. Another feature of the ordinance which I question is placing enforcement authority in the County Health Department or the Community Development Department. This is a diversion of res- ponsibility that I find irrational. The Police Department being the recipient of complaints would be referring such complaints to another agency who would be forced to staff and train personnel for a 24-hour seven day a week operation. Further than this, how will we divide the responsibility? Which agency will be given which kind of noise complaints? Nothing in the ordinance suggests that the Police Department would handle any noise violations. es Glavas Chie of Police • Planning Commission Meeting August 1 , 1974 Agenda Item Nos . 4 & 5 CITY OF NEWPORT BEACH July 26 , 1974 TO : Planning Commission FROM: Department of Community Development SUBJECT: Request to consider the adoption of the Noise Element of the Newport Beach General Plan Cont. Public Hearing) AND Proposal to amend the New ort leach Muni ci al Code b the adoption of a Noise Ordinance Cont. Public Hearing ) INITIATED BY : The City of Newport Beach The public hearing for the Noise Element and Noise Ordinance has been continued to the August 1 , 1974 Planning Commission meeting . Drafts of the Noise Element and Ordinance, along with staff reports on each , were distributed to the Planning Commission with the materials packet for the July 18 , 1974 meeting. DEPARTMENT OF COMMUNITY DEVELOPMENT R . V . HOGAN , Direr By T C 0 W L Advance lanning Administrator TC/kk Item Nos . 4 & 5 Planning Commission Meeting July 18, 1974 CITY OF NEWPORT BEACH July 10 , 1974 STUDY SESSION TO : Planning Commission ITEM NO . 2 FROM: Community Development Department SUBJ : Wyle Laboratories Noise Study, Noise Element , and Noise Ordinance The Wyle Laboratories Report was distributed to the Planning Commission at their July 1 , 1974 Study Session . A representative from Wyle Laboratories will be present at the July 18 , 1974 Study Session to review their report with the Commission . The draft Noise Element and Noise Ordinance have been included in the Planning Commission packet for the July 18 , 1974 evening meeting, for which public hearings have been set. Staff would suggest a general discussion of the Element and Ordinance at the Study Session . COMMUNITY DEVELOPMENT DEPARTMENT R. V. HOGAN ,DIRECTOR By01* _ Tiam owell Advance Planning Administrator TC :jmb r� • 0 160 z Planning Commission Meeting July 18, 1974 CITY OF NEWPORT BEACH July 10 , 1974 STUDY SESSION TO : Planning Commission ITEM NO . 2 FROM: Community Development Department SUBJ : Wyle Laboratories Noise Study , Noise Element , and Noise Ordinance The Wyle Laboratories Report was distributed to the Planning Commission at their July 1 , 1974 Study Session . A representative from Wyle Laboratories will be present at the July 18 , 1974 Study Session to review their report with the Commission . The draft Noise Element and Noise Ordinance have been included in the Planning Commission packet for the July 18 , 1974 evening meeting, for which public hearings have been set. Staff would suggest a general discussion of the Element and Ordinance at the Study Session. COMMUNITY DEVELOPMENT DEPARTMENT R. V. HOGAN , DIRECTOR ByITi!m Cowell VL Advance Planning Administrator TC : jmb "MILE 4'11(3FV DO NOT REMOVE • • `0.O Z Planning Commission Meeting July 18 , 1974 Agenda Item No . 9 CITY OF NEWPORT BEACH July 9 , 1974 TO : Planning Commission FROM: Community Development Department SUBJ : Noise Element and acceptance of Environmental Impact Report EIR/NB 74-047. Attached is a draft copy of the Noise Element of the Newport Beach General Plan , an•d a draft of EIR/NB 74-047 -as prepared by staff. This Element is based on the following consultant studies : 1 . "Analysis of Highway Traffic Noise in Newport Beach , California" , Wyle Laboratories , June , 1974. 2. "Orange County Airport Impact Study" , Wilsey and Ham, April , 1972. 3. "Studies Related to Jet Aircraft-Originated Noise Levels and the Economic Impact Upon Residential Property Values Associated with the Orange County Airport" , Manhinney and Long , and Paul S . Veneklasen and Associates , February , 1973. This is one of the State-mandated General Plan Elements which , by State law, are to be adopted by September 20 , 1974. A public hearing on this Element has been set for the July 18, 1974 Planning Commission meeting . Environmental Impact Report EIR/NB 74-047 has been reviewed by the Environmental Affairs Committee and the Committee recommends acceptance. Recommendation Staff recommends that this Element , with revisions as desired , be DO NOT REMOVE I TO : Planning Commission - 2 recommended to the City Council for adoption as the Noise Element of the Newport Beach General Plan and that the Planning Commission recommend acceptance of EIR/NB 74-047. COMMUNITY DEVELOPMENT DEPARTMENT R. V. HOGAN , DIRECTOR , By T' owell Advance Plan ng Administrator TC: jmb Att. : Noise Element EIR/NB 74-047 w CITY OF NEWPORT BEACH NEWPORT BEACH , CALIFORNIA EIR/NB 74-047 ENVIRONMENTAL IMPACT REPORT FOR THE NOISE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN . This E . I . R. has been prepared pursuant to the requirements of the C . E. Q . A. and the guidelines of the City of Newport Beach . It is the intent of this report to explore and evaluate the significant city-wide environmental impacts of the Noise Element of the Newport Beach General Plan . The Noise Element provides a survey of the current noise environment and concludes with a proposed noise control program. It is intended that this Noise Element satisfy the State requirement that local General Plans contain a Noise Element (Section 65302 of the Government Code ) . SCOPE OF REPORT This "project" is not a development project in the normal sense , but rather a plan for control of noise. As such , there will be no immediate effect on the physical environment of the City. Therefore, this E. I . R. discusses the probable long-term environmental impacts resulting from the adoption and implementation of this Element. DESCRIPTION OF ENVIRONMENTAL SETTING The City of Newport Beach is blessed with a unique geographical setting, located on the Pacific Ocean and containing Newport Bay. NOISE CONTROL OBJECTIVES The proposals contained in the Noise Element are `based on the General Plan Policy report adopted by the City Council on March 13 , 1972 . Following is the policy relating to the Noise Element excerpted from the General Plan Policy report : "The City shall identify and measure the chief sources of noise and air pollutants within the community , and their impact upon the local environment. The City shall also encourage and promote the development of a comprehensive air and noise quality program to ensure adequate regulations and controls for the preservation and enhancement of the environment. " THE ENVIRONMENTAL IMPACT OF THE PROPOSED ACTION The Noise Element proposes a program of noise control which can only be beneficial to the future environment. ANY ADVERSE ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROPOSAL IS IMPLEMENTED No adverse environmental effects will result from the adoption of this Element. MITIGATION MEASURES PROPOSED TO MINIMIZE THE IMPACT No mitigation measures can be proposed , since there will be no adverse environmental impact. ALTERNATIVES TO THE PROPOSED ACTION One alternative is simply not to adopt a Noise Element. This would be in violation of the State Government Code which requires cities to adopt a Noise Element. A second alternative would be to adopt a Noise Element which does not include proposals for a noise control program. This alternative would result in the adverse impact of uncontrolled noise. RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF MAN ' S ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY The Noise Element is a long-range plan for noise control . ANY IRREVERSIBLE ENVIRONMENTAL CHANGES WHICH WOULD BE INVOLVED IN THE PROPOSED ACTION , SHOULD IT BE IMPLEMENTED No irreversible changes will result. THE GROWTH-INDUCING IMPACT OF THE PROPOSED ACTION No growth-inducing impact will result. SUMMARY The adoption and implementation of the Noise Element will result in no adverse environmental effects . Conversely , the adoption and imple- .mentation of this . E1•ement will result in envirohmental improvement. N,OISE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN VoLl: con 00 NOT REMOVE 1 J • • i J TABLE OF CONTENTS Page Introduction----------------------------------------- 1 Purpose and Scope------------------------------------ 2 Quantification of Noise------------------------------ 4 Section 1 - Highway Noise---------------------------- 16 Section 2 - Aircraft Noise--------------------------- 25 Section 3 - Stationary Sources----------------------- 38 Section 4 - Noise Control Program---------- ---------- 39 IL • • INTRODUCTION Urban noise is becoming a serious environmental problem in all urbanized areas of the United States . We are frequently subjected to intrusive and offensive sounds from such sources as : highway vehicles , aircraft , construction equipment , and the neighbor ' s lawnmower, air conditioner, or stereo . These noises produce annoyance , speech interference , sleep dis- turbance, mental anguish , and , in some cases , adverse physiological effects . Noise also has an adverse economic effect ; in many noise-impacted areas , property values have fallen drastically. The Orange County Health Department has stated that noise levels will increase as the County continues to grow, and that noise will become a wide-spread health problem by the year 1990, unless steps are taken to control noise and its impact. -1 - S , PURPOSE AND SCOPE This Element of the Newport Beach General Plan provides a survey of the current noise environment, indicating the major contributors to the noise problem, and concludes with a proposed "noise control program" , which includes all practicable City actions towards reduction of noise and mitigation of its adverse effects . Noise is discussed in terms of three different categories of noise sources : 1 ) Motor Vehicles 2) Aircraft 3 ) Stationary Sources It is intended that this Element satisfy the State requirement that local General Plans contain a Noise Element. Section 65302 of the Government Code states , in part , that General Plans shall include: "A noise element in quantitative , numerical terms , showing contours of present and projected noise levels associated with all existing and proposed major transportation elements . These include but are not limited to the following : WHighways and freeways , Ground rapid transit systems , (3) Ground facilities associated with all airports operating under a permit from the State Depart- ment of Aeronautics . These noise contours may be expressed in any standard acoustical scale which includes both the magnitude of noise and frequency of its occurrence . The recommended scale is sound level A, as measured with A-weighting network of a standard sound level meter, with corrections added for the time duration per event and the total number of events -2- C l per 24-hour period. Noise contours shall be shown in minimum increments of five decibels and shall be continued down to 65 db (A) . For regions involving hospitals , rest homes , long-term medical or mental care , or outdoor recreational areas , the contours shall be continued down to 45 db (A) . Conclusions regarding appropriate site or route selection alternatives or noise impact upon compatible land uses shall be included in the general plan . The state, local , or private agency responsi - ble for the construction or maintenance of such transportation facilities shall provide to the local agency producing the general plan ; a statement of the present and projected noise levels of the facility, and any information which was used in the development of such levels . " Additionally, this Element is intended to further the accomplishment of the policy on noise and air pollutants contained in the General Policy Report (Pg. 20, Policy i ) adopted March 13 , 1972 : "The City shall identify and measure the chief sources of noise and air pollutants within the community, and their impact upon the local environment. The City shall also encourage and promote the development of a comprehensive air and noise quality program to ensure adequate regulations and controls for the preservation and enhancement of the environment. " -3- t 1 QUANTIFICATION OF NOISE This section of the Noise Element was provided by Wyle Laboratories , as part of their report "Analysis of Highway Traffic Noise in Newport Beach , California" , prepared under contract with the City of Newport Beach . It is reprinted here in order to assist in the understanding of the several terms utilized in this Element for the description and measurement of noise levels . -4- � s Generation of Sound Sound in the air is generated by forces acting on the air molecules. This may result from a complicated interaction of air leaving an exhaust pipe or something as simple as a panel vibrating against the air. Whatever the mechanism, the result is that at any one instant, the air will be slightly compressed at one point and will be rarified at another point. This pattern of pressure disturbance moves through the air as a sound wave. Figure I presents this concept in the case of the vibrating panel driven by an eccentric shaft and rod. As the panel moves to the right, air is com- pressed and as it moves to the left, air is decompressed or rarified. This effect continues with time and a pressure wave is transmitted into the air. Thus, a rare- faction wave progresses to the right as a result of the panel moving to the left. As the panel moves again to the right, another compressional wave is generated and the distance between two successive compressional waves is called the wavelength. Noise — How Do We Describe It? Noise is usually defined as unwanted sound. One person's music may be nothing but noise to another. For example, the sound of rock music from your teenager's hi-fi may be music to him or her, but noise to you, if you are trying to converse or relax in an adjoining room. To describe noise and its effect on people in a quanti- tative way, we must include human factors related to the way we perceive noise. These factors include differences in the way our ears hear sounds at different fre- quencies, whether the sound contains any irritating "screech" like squeaky chalk on the blackboard and how long the sound lasts. Applying all these factors enables us -5- Direction of Sound Wave ►Compression r—Rarefaction—� o � II I I Wavelength Figure I Illustration of Generation of an Acoustic Wave s to translate from a physical measurement of a sound to its value on a subjective, "perceived noise," scale. Acoustic levels that we normally experience are very small compared to the usual static (or barometric) pressure in the atmosphere. An acoustic pressure of 1 microbar would be average for normal conversational speech tones. This pressure is equal to 1/1,000,000 of the usual barometric pressure of 14.7 psi. Thus, at a time and place where the atmospheric pressure was exactly 14.7 psi, the total peak pres- sure during average speech would be 14.700021 and the minimum pressure would be 14.699979 psi. The decibel scale (discussed below) would specify this very small pressure fluctuation as 74 decibels. At 134 decibels, a sound level much higher than normal experience, these two pressure extremes would be 14.721 and 14.679, respectively. In this example, the acoustic pressures have changed by a factor of 1000 with an insignificant variation in the total atmospheric pressure. The 'Decibel An explanation is in order regarding some basic properties of any scale for stating the magnitude of a sound. The ear responds to sound pressure fluctuations with an increased sensory response for an increase in pressure. The range between the smallest sound pressure which is sensed by the human ear and the highest sound pressure physically tolerable covers a ratio of approximately 1,000,000 to 1. If we assign the number 1 to the sound pressure coresponding to the smallest sound that we can hear, then the sound pressure from our voice in quiet conversational tones would correspond to the number 1,000. A loud voice would be approximately 30,000, and physical pain would be felt in the ear at a sound pressure over 1,000,000. While our brains have no trouble handling the range of sounds sensed by our ears, it is inconvenient for us to think in terms of numbers with all these zeros. It becomes more convenient, therefore, if we base our scale on the number of zeros rather than the actual number. The logarithm to the base 10 does just this. Thus, we may assign -7- s the zero on our scale to the number we can just hear, since the logarithm of 1 is zero. Our quiet conversational tones will then be assigned the number 3, since the logarithm of 1,000 is 3, and the highest pressure mentioned above (1,000,000) would receive the number 6. All of the numbers assigned -- 1, 3, and 6 -- are equal to the logarithm of the actual numbers, and the quantity measured in such a scale is called a level. Engineers and scientists prefer to work in terms of energy, which is proportional to sound pressure squared instead of sound pressure. Thus, all the above numbers for sound pressures must be squared. Making this adjustment, 1 squared becomes l; 1,000 squared becomes 1,000,000; and 1,000,000 squared becomes 1,000,000,000,000. Fortunately, the logarithm of a squared number is just two times the logarithm of the number; so, instead of the level ranging from 0 to 6, it ranges from 0 to 12. This scale is similar to the famous Richter scale for measuring earthquake magnitude, which is also logarithmic. In the fields of electronics and acoustics, the unit on this scale is called the Be[ in honor of Alexander Graham Bell, For convenience, the Be[ is divided up into 10 smaller units, so that the scale of level now extends from 0 to 120 decibels or tenths of Bels. Figure 2 provides an illustration of these concepts for converting from an incon- venient magnitude scale (linear pressure) to a more convenient scale of level (loga- rithmic) with decibels as the units. Utilizing this basic idea of a level scale, acousticians have invented a profusion of different kinds of levels, all in decibels, abbreviated dB. The most common of these is the "sound pressure level" defined by: Sound Pressure Level (SPL) = 10 log p/ 2 in dB 10 � preference Preference is the reference pressure equal to .00002 newtons per square meter which is the same as 0.000,000,002,9 pounds per square inch. This reference pressure was chosen as being near the smallest sound pressure that we can hear. It sets the location of the zero on our basic SPL scale. -8- ` • 10,000 100.000.000 so t,000 1,000,000 60 3' IFor E%anlple 100%•; Squarinu r UNI001 <10,000 •' gnd,lO Wy p�0001 w•.f,40 --, �o-'i•,• .......:.........:...y, .. .... 1. 10 100 20 1 1 0 Rm.re Presure Decibel Sole squ..td Scale Sede Figure 2. The Logarithmic Nature of the Decibel The Frequency Content or Pitch of Noise While the magnitude of a sound pressure is of primary importance, its frequency or pitch is also a primary consideration. The frequency or pitch of a sound represents the rate of oscillations of the acoustic pressure. The human ear is less sensitive to low frequency sounds and very high frequency sounds than it is to mid-frequency sounds. The frequency limits of audible sounds extend from 20to 20,000 Hz (cycles per second). The moving panel of Figure I-1 may move back and forth 20 times or cycles each second to create a 20 Hz acoustic signal or 1000 times each second to create a 1000 Hz signal. The lowest note on a moderately large pipe organ wi II be 32 Hz, and the highest note from a piccolo will be around 4700 Hz. Overtones from each of these instruments will extend to beyond audibility. As mentioned above, however, the ear is not equally sensitive to all these frequencies. The ear is 50 dB less sensitive at 20 Hz than it is at 1000 Hz. Figure 3 demonstrates the different sensitivity of the ear at different frequencies and shows how it affects a given sound spectrum, happily reducing the annoyance caused by low frequency noise. Figure I-3(b), showing the allowance for -9- -ram 0 -10 ---- 16 1 -20 -30 Sound Spectrum -40 = � I m 0 U a -10 - m - c -2O flAllowance for 0 -30 Hearing o -40 w (b) 0 /\ 1 0000 Original -10 Spectrum 1 -20 J 1'•,,�'` `�� -30 / -�-- Spectrum t4 -40 - ff Weighted for Human Hearing i 50 100 200 500 1K 2K 5K IOK Frequency, Hz (c) Figure -3. Weighting the Measured Spectrum to Account for the Frequency Response of the Human Ear -10- 4 y 7 . • human hearing, has been defined as the "A" weighting scale. Electronic filters having this frequency response have been incorporated in most sound measuring equip- ment. When such filters are used, the resulting reading is said to be "A" weighted or "A" scale. Use of these filters allows us to determine a single decibel number which, to some extent, represents human response to a given noise. Time Factors in Defining Noise Environments So for we have talked only about the magnitude and frequency of noise along with the decibel scale with which we measure the magnitude. The perceived level (that is - the way our brains react to it) that we subjectively apply to a noise seems to depend upon its duration also. In addition, the actual annoying effect of the sound may depend on the time of day as well. This time of day sensitivity simply relates to our daily cycle of activity. In other words, a short loud blast of a whistle announcing noon (and lunch) would not be found so irritating as a less intense noise sounding over a period of several hours during the day. The same short blast, or even the long duration "less intense noise" might be found quite irritating during the middle of the night when we are trying to sleep. Thus, in order to produce a rating scale for the annoying effect of noises we consider, in addition to the level and frequency content, the duration of the sound. Further, we attempt, in a crude way, to account for varying inter- ferences with our daily life. We therefore consider the time of day during which the noise is generated. Sound waves are a form of energy just like electricity and light. The rate of release of energy or power may be measured in terms of kilowatts just as electrical power is. The power associated with acoustics within our normal experience is quite small compared with the power available from the electric lines. Where a very small electric light bulb will use 25 to 30 watts of electricity, normal conversational speech power will be around 27/1,000,000 watt10 and where a powerful hi-fi is pouring 100 watts into a loudspeaker, I ittle more than 1/4 to 1 watt of acoustic power is -11 - being generated. Even so, this little bit of power is more than adequate to shake the windows and rouse the neighbors. The acoustic power generated by earlier models of commercial jet aircraft far exceeds the output of the hi-fi or even the 80 or so watts produced by an energetic orchestra in concert. These craft will generate as much as 40,000 watts at full take- off throttle. It is possible for a person to briefly generate as much as 1/10 watt and a trained singer can approach a full 1 watt acoustic output for a short time. It is possible to convert acoustic power into a flow of heat and this may be accumulated as heat energy. If this energy can be contained so that it can be accumulated over a long period of time, the normal conversational talker can heat up a cup of tea in 39 years or 100,000 football fans could, conceivably, do it in 4 seconds. The point is that it is possible to measure noise in terms of the time inte- grated (accumulated) measure of noise intensity. This will result in a measure of total acoustic energy. The reasoning behind this measurement is that people seem to react to the total energy of noise environments rather than to only the power generated by single events. Thus, it is desirable to define fluctuating noise environments in terms of the constant noise level which generates the some energy. This is done to obtain an average level over a given period of time, nominally one hour. The Hourly Noise Level (HNL) can thus be defined as the total acoustic energy found at a given point over a one hour period divided by the number of seconds in the hour. Again, the decibel scale is used and it is defined such that the HNL of a steady tone is the some as the SPL (sound pressure level). The end result of all this is just to say that a loud noise for a short time may receive the some rating as a soft noise over a long period of time. The same HNL reading would be obtained if one truck passed by and generated a noise level of 88 dB for 10 seconds or 78 dB for 100 seconds, If ten trucks, each making 88 dB for 10 seconds, went by during the hour, an HNL meter would read 73 dB — a tenfold -12- increase in noise energy represented by a 10 dB increase in the Hourly Noise Level. Thus, 100 such trucks would give a reading of 83 dB and 1000 of them would increase the level to 93 dB, and so forth. Community Noise Equivalent Level (CNEL) $o far in our example, nothing has been said about the time of day the trucks were going by. The time-integrated measure of noise which attempts to account for this time of day sensitivity is called the Community Noise Equivalent Level. It is developed in the following way. Early studies of community noise exposure indicated that one intruding sound during the evening hours will be approximately as annoying as three occurrences of the same sound during the day. During sleeping hours at night, this time-of-day penalty seems to be about 10. The factors of 3 and 10 are only approximate, but they seem to give a reasonable accounting of the weighting that should be applied for evening and nighttime noises. The times have been customarily specified for daytime, evening and nighttime and are 7:00 a.m. to 7:00 p.m., 7:00 p.m. to 10:00 p.m. and 10:00 p.m. to 7:00 a.m. respectively. Therefore, if 33 trucks passed by during the evening hours, they would be counted as 100 trucks and given the some effective HNL value of 83 dB as the 100 trucks during the daytime hours (add 5 dB for three times as many and 10 dB for 10 times as many). During night- time hours, only 10 trucks would be counted as equivalent to 100 trucks and would yield the same HNL effective value of 83 dB. Thus, the noise energy is defined in terms of the Hourly Noise Level for each hour of the day. This energy for each hour over the entire day, after having been appropriately weighted to account for the time of day as above, would be added together and divided by 24 to give the weighted average noise level for the day. When expressed in decibel form, this number is called the Community Noise Equivalent Level (CNEL). It provides a single number to show the relative noisiness of a given location on a given day. Generally, this number does not vary substantially at a given community location over a period of weeks. In areas where there are large variations in seasonal traffic, there will be seasonal variations in the CNEL. When the CNEL is dominated by highway traffic, -13- .y as it often is, the traffic must double to effect a 3 dB change in the CNEL. An annual average of the daily CNELs for a given area would tend to exhibit little change from year to year, providing the nearby land use and traffic flow do not change markedly. Single Event Noise Exposure Level (SENEL) The Single Event Noise Exposure Level is also dependent upon time, but it is somewhat different in its application. Essentially, it is designed to determine the total acoustic energy associated with a single event such as would be generated by the passage of a single vehicle or aircraft. A flyby of a single aircraft will cause the acoustic level to gradually rise, reach a peak and then fall. The total area under a curve representing this flyby is proportional to the SENEL. The SENEL differs from the other measures discussed above in that they are averaged in time. That is, the total energy is divided by the total number of seconds required to make the record. The main difference between these two records, then, is that an SENEL will always result in a number that is higher than the peak level measured and will represent a single event, while an HNL (or CNEL) will always result in a number that is lower than the peak levels measured and will represent the integrated energy-average level for all of the events that occurred during the time period specified by the measurement (one hour, one day, or one year). An approximation of SENEL may be obtained by the following procedure: 1. Obtain a level versus time trace of the sound pressure level (SPL). 2. Determine the time duration in seconds that the SPL is within 10 dB of the peak SPL. 3. Determine the logarithm to the base 10 of this duration (characteristic and mantissa); multiply this logarithm by 10. 4. Add the number found in step 3 to the peak SPL. Subtract 3 dB. This is the approximate SENEL. -14- If a stopwatch is used to measure the time that the level, as seen by a sound level meter, drops from its maximum value to 10 A below that level, a rough approxi- mation of SENEL may be obtained by adding 10 times the logarithm of the number of seconds to the maximum noise level. -15- SECTION 1 - HIGHWAY NOISE Existing Highway Noise Existing highway noise levels and contours were measured and calcu- lated by Wyle Laboratories as a major portion of their consultant study : "Analysis of Highway Traffic Noise in Newport Beach , California" . Wyle Laboratories ' major findings are included herein in the form of a map entitled " Existing CNEL Contours " , several charts , and a general discussion of the existing highway noise environment. (Please refer to the Wyle Laboratories report for a more-detailed discussion of their methodology and findings . ) COMMUNITY NOISE EQUIVALENT LEVEL CONTOURS The Existing CNEL Contours map (Figure 4) illustrates the penetration of highway noise into adjacent neighborhoods . Each contour line represents the measured and calculated maximum penetration of noise at each particular "Community Noise Equivalent Level " ( CNEL ) . As previously discussed , CNEL is a time-integrated measure of noise , over a 24-hour period , with a weighted average which accounts for greater sensitivity to noise in the evening hours . CNEL numbers indicate the relative noisiness of various locations over a 24-hour period. An examination of Figure 4 shows that CNEL values above 60 decibels (d6 ) may be found at most locations within a block of any major arterial street. CNEL values in the area of 60 dB will interfere with some activities and may result in sporadic complaints . More critical are those areas where the 65 or 70 dB CNEL contours extend into residential neighborhoods , such as : 1 ) Coast Highway in the -1 6- West Newport , Bayshores , and Corona del Mar areas ; 2 ) Balboa Boulevard on the Balboa Peninsula ; 3) Dover Drive , and 4) Irvine Avenue. -17- 1 (`�'��/�\� +/ �4�j#���U�'/?°c ,�\J w✓�,✓ ,aNjO j 6 � S /_ // `, i NN f If IOU 21 �r dF`a� c•• �o � ®�� r� \ � �7tc � I.�d�9 raj`✓ i\ ,.; ' �:¢ a ' Mom-- � '� = a LIL � �✓ �� � 1p� � 1©O�O,O�Q x � '�>� 3 \�.\- =:`'�r.rz ' - .' ,;- c'�,;�-:�f/ tom`. � 1 : yt Al Z �� J C w cs \/�'G.I� e��fl� ^ - �, ern.• _=� a � Rr� �� ''\ � �_ (v��, r 1'-r =_:„1:.'.•' rr(�'����C�a�f��C \ �,'4,s�� __\--.V�GJ£142&7ffF��ag��° ���•� ' 4u�� , uwus urvx"-i .x ezc-i 55 e•, ---' - �:___"= •fll�W�p�? Cl " ,�`,A - r�°, _— —� '•�` ` .. `Gk, liL�kidMlll��� i,� �t..WaIt_ li3j _ - Vi`. c � ,dG ,.I s o PAR U'v } ' y1.�81Ff4�4i>��1_ {�� � �`�.N.' E, °buhV�i�� r�'„ .,i fa1�l(1'�d __- _ "GaoG �� .e.d - �r'd.` /' � c CITY of NEWPocrr BEACH GBRF-4 EXIST 1iG CNEL- --� SOURCE: WYLE LABORATORIES HOURLY NOISE LEVELS Another useful measure of highway noise is the "Hourly Noise Level " (HNL ) which represents the average noise level for a one-hour period , as previously discussed in the "Quantification of Noise" section of this Element. Figures 5 through 13 illustrate the Hourly Noise Levels (HNL) at various curbside locations within the City during a single 24-hour period. Busy areas such as Pacific Coast Highway at Dover Drive and Newport Boulevard (Figures 5 and 6 ) show constant levels throughout the 24-hour day with less than a 10 dB total variation . Figure 7 , Pacific Coast Highway at Bayside Drive , shows some variation with traffic decreases between 1 :00 and 6 : 00 a. m. , but even here there is only 13 dB variation between the low and high points during the day. Greater variation is seen at Jamboree and Ford Roads and Irvine and Francisco (Figures 8 and 9) . These locations become quieter at night and only an occasional vehicle will pass by during the early morning hours . Variations above 15 or 16 dB are common on these streets . Figures 10 through 13 , showing calculated noise levels derived from traffic data , indicate similar results. These latter figures contain noise levels calculated from both summer and winter traffic . They graphically illustrate the tendency for lower traffic levels and hence less noise at night in the winter. This is particularly obvious at Balboa Boulevard and Pacific Coast Highway, as reported in Figure 10. -18- 90 CNEL = 77 dB 80 70 60 50 04 Figure 5 . Measured Curbside Hourly Noise Levels — Pacific Coast Highway at Z Dover Drive N 90 ei m CNEL = 81.5 d6 c 80 —' 70 0 60 c 0 0 N 1 50 .. s rn Figure 5. Measured Curbside Hourly Noise Levels — Newport Boulevard at Hospital Road Q 90 CNEL = 78 dB 80 70 60 50 24 02 04 06 08 10 12 14 16 18 20 22 24 Time of Day in Hours Figure 7. Measured Curbside Hourly Noise Levels — Pacific Coast Highway at Bayside Drive SOURCE : WYLE LABORATORIES -19- 90AMIL CNEL = 75dB 80 70 60 50 N Z Figure $, Measured Curbside Hourly Noise Levels —Jamboree Road at Ford Road N 90 W L Co� 80 CNEL = 76 d8 0 @? 70 60 3 Val v 50 s rn Figure 9 . Measured Curbside Hourly Noise Levels — Irvine Avenue at Francisco Drive Q 90 CNEL = 69 dB —Winter 73.5 dB — Summer -- 80 70 60 50 24 02 04 06 08 10 12 14 16 18 20 22 24 Time of Day in Hours Figure 10. Computed Curbside Hourly Noise Levels Based on Highway Traffic Data (Reference 5) — Balboa Boulevard at Pacific Coast Highway SOURCE : WYLE LABORATORIES -20- 90 ---- CNEL = 72 dB — Winter _ CNEL =75 dB — Summer 80 70 60 ' 50 ` Figure 11 , Computed Curbside Hourly Noise Levels Based on Highway Traffic Data z (Reference 5) — Newport Boulevard at 30th Street ZL N 90 ----- CNEL = 70 dB — Winter an CNEL = 73 dB — Summer c 80 d 0 70 _ a 60 c o Ln ;? 50 .°' Figure 12. Computed Curbside Hourly Noise Levels Based on Highway Traffic Data o ?y (Reference 5)— Balboa Boulevard at Adams Q 90 ----- CNEL = 74.5 dB —Winter CNEL = 77 dB — Summer 80 70 60 ' 50 24 02 04 06 08 10 12 14 16 18 20 22 24 Time of Day in Hours Figure 13. Computed Curbside Hourly Noise Levels Based on Highway Traffic Data (Reference 5)— Newport Boulevard at Arches Bridge -21 SOURCE: WYLE LABORATORIES PROPAGATION OF TRAFFIC NOISE INTO THE COMMUNITY All the levels reported in Figures 5 through113 were measured or calculated at curbside . According to Wy�leILaboratories , where there are no barriers to the sound fields , such as store fronts , walls , hills , or other solid partitions , the sound levels may be expected to attenuate by approximately 5 to 7 dB in the first 50 feet of distance. The existence of barriers may reduce the nearby levels , by an additional 10 to 15 dB. At distances beyond 200 feet, the effects of such barriers are small . However , the normal spreading losses at 200 feet will generally reduce the traffic noise to less than 60 dB , thus , normally removing any cause for concern . COMPARISON OF NEWPORT BEACH NOISE LEVELS WITH OTHER AREAS Figure 14 illustrates the HNL values found in Newport Beach as compared to other areas throughout the United States , including rural farming communities and downtown locations in� Los Angeles and New York City. This chart indicates that the noise levels near major arterials in Newport Beach are substantially lower than those found in large cities . The noise levels in the Newport Beach residential neighborhoods are ave-rage, falling within the range of those found in residential neighborhoods in other parts of the country. -22- 90 80 ? Near.•Ma•i n•Arteria Is(U.•S.•)• ' `> '�. ;i: •••.• .•4 70 Near Arterials (Newport Beach) l N N60 ::Rena Residential (Newport Beach). ;'. 50 0 .� :�tRur U•.S.•• m Vl .o 4 0 Z v -a 30 a 20 10 AM PM 12 2 4 6 8 10 12 2 4 6 8 10 Time of Day Figure 14. Comparison of HNL Values in Newport Beach with Corresponding Values Measured in Several Areas Throughout the United States SOURCE : WYLE LABORATORIES • Projected Highway Noise Future highway noise levels and contours were projected by Wyle Laboratories , based on roadway capacities . These noise levels and contours are illustrated on the map entitled "Projected Future CNEL Contours " (Figure 15 ) . It is anticipated that these noise levels and contours will be reached at approximately the same time as the City of Newport Beach is "built-out" (all vacant land being developed) , which should occur by 1990. The noise levels and contours shown in Figure 15 are based on current and assumed typical highway configurations and current automotive design . A change in these factors could reduce noise levels at the source and reduce the propagation of noise , thus pulling the contour lines in closer to the roadway. An average propagation loss , as shown in Figure 16 , has been used to determine the actual placement of each contour line where the roadway is level with the surrounding ground level (or assumed to be ) . If a roadway is elevated , the high level contours (70 and 65 dB curves ) will shrink in . This is because the edge of the road will shield some of the noise of the cars from residences very close to the road. At greater distances (such as the 60 decibel contour) , this shielding is non-existent and the raised roadway does not offer any reduction . In areas where a roadway is depressed , there will be a 5 or 6 dB reduction of all levels . Short sections of depressed roadway do not offer much advantage , but a long section would give this desirable effect. -23- O� \ �_ \ ' � . aa ,�� j'. CR ►������� .� � '� _ � ►Ili e .. _� � _ - _y� '—.. :� .�.��^%t• t"�� _ � � ��i11� I�M I (1 I !� - -va � ., \,"• ���1 �i iF. `' -=- I '�u --f 90 80 135,000 Vehicles/Day Z 40,000 Vehicles/Day ZL N 25,000 Vehicles/Day 20,000 Vehicles/Day m 70 / v • c m J a 60 N_ 0 Z _T N - A = 50 For 48 miles per hour, Subtract 3 dB .a For 75 miles per hour, Add 3 dB Q40 30 10 100 1000 10,000 Distance from Center of Roadway, feet Figure 1 & Predicted Decay of Sound from Roadways Having Various Average Daily Traffic Counts at 60 mph SECTION 2 - AIRCRAFT NOISE Since the appearance of turbojet and turbofan propulsion systems in the field of commercial aviation , a significant noise intrusion has invaded many homes located near flight paths within the City of Newport Beach . In addition , military heli - copters from the nearby marine airfield and police helicopters contribute to the overall noise levels in some parts of the City. It is not the intent of this section of the Noise Element to attempt a comprehensive survey of aircraft noise conditions which are covered in depth in many other studies , but to indicate the noise impact areas and general effects of aircraft noise as identified by others . Commercial Jets In 1970, the City of Newport Beach contracted with the consulting firms of Wilsey & Ham, Planners , Paul S . Veneklasen & Associates , Acoustical Engineers , and Darley/Gobar Associates , Economists , to study the impact of Orange County Airport on the City of Newport Beach . This study culminated in the report : "Orange County Airport Impact Study" , January , 1972 . As part of this study , Paul S . Veneklasen & Associates conducted a noise measurement survey and then constructed noise level contours . These contours are shown in Figure 17 . The contours shown are based on level of operations which were determined by observation during the noise measurement survey and on the , then , current 1972 airline schedules . In order to illustrate the benefits from noise abatement takeoffs , Veneklasen drew contours -25- i A a I A � s ' v c v O m o S a n t a N e w p o r t A f 6 : A na Aye l; � yd yL o a 5 w 55 dBAt m 4 Lido 3 r yi d Isla nd n e A a ♦� 0 n y e I ° p 2 o10 i y 91P ♦ a.m^ ,m j0 1 , , A r D Y ' JF<� ''♦�, , I 2 ♦ Q9 ryl �'r P e i6 N e W r e 65 �� Flight Path 2 ♦ ♦♦♦ 18 V ? I 3 cT go to 6 d _ G a`r 2 ° 60 3 0 salt 55 C. BAt 5 n B _ big F3 b or t � slow -t -d 3 e d Nu ers on Flight Path Denote Dis- 7 tan from Start of Takeoff Roll (Thousands of Feet) 1 8 Number of Aircraft Operations Type of Day Evening Night Aircraft (0700-1900) (1900-2200) (2200-0700) Boeing 737 or 17 4 0 2 Douglas DC-9 Legend: 2 Engine Bus. 4 0 0 Normal Takeoff Power -CALI IN "Ef Jets Power Cutback at 1,500 Ft. Altitude Source: Paul S. Veneklasen 8 Associates, 1970. FIGURE —17 CNEL CONTOURS FOR 1970 OPERATIONAL LEVEL with and without power cutback procedures . In their report Veneklasen & Associates strongly recommended that a CNEL value of 6OdBA be used as a boundary defining the noise impact area around Orange County Airport: Veneklasen based this recommendation upon the results of studies which have quantified certain aspects of noise which may have a bearing on the psychological state of individuals or of a large population exposed to high levels of aircraft noise. The noise impact area as defined by V�neklasen (within the 60 dBA CNEL contour) includes several residential neighborhoods designated for continued residential land use in the Residential Growth Element , including portions of Santa Ana Heights , Dover Shores', and the Bluffs . Amore recent study conducted by Veneklasen & Associates , "Aircraft Noise Level Study" , October 18, 1972 , measured aircraft take-off noise levels at ten residential sites in Newport Beach . This study concluded that the measured noise levels found were consistent with the earlier CNEL contours , and that speech inter- ference and sleep disturbance are frequent occurences . The purpose of this study was to provide support data for the larger report illustrating the adverse effect of aircraft noise on property values : "Studies Related to Jet Aircraft-Originated Noise Levels and the Economic Impact Upon Residential Property Values Associated with Orange County Airport" , February 12, 1974 , Manhinney & Long , and Veneklasen & Associates . This t s udy concluded that the aircraft noise has caused a relative decline in property values in excess of 14% for those homes located under or near the flight path . -26- STATE REQUIREMENTS The State of California has adopted the following noise criteria for defining airport noise impact boundaries (Orange County Airport falls into the " (b )" category) : " Limitations on airport noise in residential - communities are hereby established. (a ) The criterion community noise equivalent level (CNEL ) is 65 dB for proposed new airports and for vacated military airports being converted to civilian use . (b ) Giving due consideration to economic and technological feasibility , the criterion community noise equivalent level ( CNEL ) for existing civilian airports (except as follows ) is 70 dB until December 31 , 1985 , and 65 dB thereafter. (c) The criterion CNEL for airports which have 4-engine turbojet or turbofan air carrier air- craft operations and at least 25 ,000 annual air carrier operations (takeoffs plus landings ) is as follows : Date ' CNEL in decibels Effective date of regulations to 12-31 -75----80 1 -1 -76 to 12-31 -80---------------------------75 1 -1 -81 to 12-31 -85---------------------------70 1 -1 -86 and thereafter------------------------651, -27- t . Section 5005 of the California Administrative Code lists the findings of the state in adopting these airport noise standards : "Citizens residing in the vicinity of airports are exposed to the noise of aircraft operations . There have been numerous instances wherein individual citizens or organized citizen groups have complained about airport noise to various authorities . The severity of these complaints has ranged from a few telephone calls to organized legal action . Many of these cases have been studied by acoustics research workers under sponsorship of governmental and private organizations . These studies have generally shown that the severity of the complaint is principally associated with a combination of the following factors : (a ) Magnitude and duration of the noise from aircraft operations ; (b ) Number of aircraft operations ; and (c ) Time of occurrence during the day (daytime , evening or night) . There are many reasons given by residents for their complaints ; however, those most often cited are interference with speech communication , TV and sleep. A number of studies have been made related to speech interference and hearing damage , and some studies have been made related to sleep disturbance and other physiological effects . These studies provide substantial evidence for the relationship between noise level and its interference with speech communi - cation and its effect relative to hearing loss . Significantly less information is available from the results of sleep and physiological studies . In order to provide a systematic method for evaluating and eventually reducing noise incompatibilities in the vicinity of airports , it is necessary to quantify the noise problem. For this purpose , these regulations establish a procedure for defining a noise impact area sur- rounding an individual airport. The criteria and noise levels utilized to define the boundaries of the noise impact area have been based on existing evidence from studies of community noise reaction , noise interference with speech and sleep , and noise induced hearing loss . " The purpose of the state regulations and a methodology for controlling and reducing noise problems are also listed within -28- • • the California Administrative Code: "The purpose of these regulations is to provide a positive basis to accomplish resolution of existing noise problems in communities surrounding airports and to prevent the development of new noise problems . To accomplish this purpose , these regulations establish a quantitative framework within which the various interested parties (i . e . , airport proprietors , aircraft operators , local communities , counties and the state) can work together effectively to reduce and prevent airport noise problems . The methods whereby the impact of airport noise shall be controlled and reduced include but are not limited to the following : (a ) Encouraging use of the airport by aircraft classes with lower noise level characteristics and discouraging use by higher noise level aircraft classes ; (b ) Encouraging approach and departure flight paths and procedures to minimize the noise in residential areas ; ( c) Planning runway utilization schedules to take into account adjacent residential areas , noise characteristics of aircraft and noise sensitive time periods ; (d) Reduction of the flight frequency , par- ticularly in the most noise sensitive time periods and by the noisier aircraft; (e) Employing shielding for advantage , using natural terrain , buildings , et cetera ; and (f) Development of a compatible land use within the noise impact boundary. Preference shall be given to actions which reduce the impact of airport noise on existing communities . Land use conversion involving existing residential communities shall normally be considered the least desirable action for achieving compliance with these regulations . " Section 5062 of the California Administrative Code probides that: "No airport proprietor shall operate his airport with a noise impact area of other than zero unless said operator has a variance as prescribed in Article 11 of this subchapter of these regulations " . -29- • • Orange County Airport does currently have a noise impact area of greater than zero (since the 70 dB CNEL contour includes residential neighborhoods ) and has submitted an application for variance , as contained in the " Report to the State of California Director of Aeronautics on the Compliance of Orange County Airport with the Adopted Noise Regulations for California Airports" , January 26 , 1974. This variance request is currently under consideration by the California Department of ,Aeronautics . -30- EXISTING CITY POLICY ON ORANGE COUNTY AIRPORT The current City of Newport Beach policy regarding Orange County Airport was adopted by the City Council on February 14 , 1972 and states : ` " In developing its position regarding issues related to Orange County Airport , the Newport Beach City Council has always carefully examined pertinent aviation technical studies ; has weighed the desires of citizens of the County for commercial air transportation ; the assumed benefits in employment and trade from business and industry attracted to the airport and adjacent airport industrial development; the continuing commitment of the County of Orange to preserve viable general aviation facilities ; and finally , the responsibility of public officials to protect and enhance the comfort , well -being and quality of residential living for the citizens they serve . After considering these factors , the Newport Beach City Council has concluded that it is in the best interest of the City and an important responsibility to assure its citizens , and the tens of thousands of patrons of its water-oriented recreation attractions , a continuation and enhance- ment of the residential and outdoor recreational environment. Therefore , it is essential that effective measures be employed so that the noise and pollution emanating from jet aircraft operations at Orange County Airport can be constrained and abated . To accomplish such objectives , the City of Newport Beach offers the following findings and recommendations for operation of Orange County Airport. Control of Commercial Jet Departures The control of commercial jet departures through terminal lease restrictions appears to be the most productive technique for immediate management by local authorities of the noise problem. The following conditions should govern the con- tinuance of terminal access privileges by com- mercial carriers at Orange County Airport : (a ) The hours of operation should be from 7 : 00 a. m. to 10: 00 p .m. only. (b ) The type of jet aircraft should be limited to those no louder than the Boeing 737 or Douglas DC-9 and with a gross weight not to exceed 95 ,000 pounds . -31 - EXISTING CITY POLICY (Continued) (c) The permitted number of daily operations should be restricted to a number not to exceed the average daily level for the twelve months immediately preceding expiration of the present leases . (d ) Noise abatement flight procedures should be vigorously enforced by airport management. To aid in this effort and to provide a reliable and scientific basis for assessing the noise problem, suitable measurement equipment and competent operators should continue to be maintained at the airport . (e) No terminal access privileges should be granted to any new carrier who proposes to use jet aircraft , or who may receive authority to serve any point where the ultimate destination is more than 400 miles from Orange County. No expanded terminal facilities should be permitted , no,r should any commercial carrier be allowed to construct terminal facilities which would be independent of the County ' s regulatory controls . (f) No commercial carrier should be permitted to use aircraft not equipped with the latest smoke reduction retrofit equipment. General Aviation Operations Piston-driven private and commercial aircraft do not appear to constitute a serious environmental pollution problem. However , the uncontrolled operation of privately owned jet powered aircraft poses an increasingly serious noise problem. The County should maintain strict measures to limit times of operation , flight procedures and noise abatement patterns for such aircraft. If the Director of Aviation cannot attest to a significant improvement in this problem within a reasonable period of time , the use of such jet powered aircraft should be banned from the airport. New Facilities The Orange County Board of Supervisors has elected to be the local agency providing commercial airline facilities for this metropolitan area . The Board should acknowledge that the Orange County Airport is not , and in all probability will never be , an acceptable facility for jet powered aircraft . Further, numerous technical studies have demonstrated that the only sensible solution to the county ' s aviation facilities needs is the development of an alternate jet capable airport. The City Council urges the Board of Supervisors and all aviation authorities to make a strong commitment to this objective . -32- EXISTING CITY POLICY (Continued) New Facilities The Orange County Board of Supervisors has elected to be the local agency providing commercial airline facilities for this metropolitan area . The Board should acknowledge that the Orange County Airport is not, and in all probability will never be , an acceptable facility for jet- powered aircraft. Further, numerous technical studies have demonstrated that the only sensible solution to the county ' s aviation facilities needs is the development of an alternate jet-capable airport. The City Council urges the Board of Supervisors and all aviation authorities to make a strong commitment to this objective . Until such time as such a facility is available for use , strong measures must be employed to control the environmental problems created by Orange County Airport. " The City of Newport Beach has filed a complaint , on May 16 , 1974 , against the County of Orange which seeks to abate the public nuisance caused by aircraft noise. This lawsuit asks that the court order the county to provide assurances that effective noise abatement actions will be taken . It is hoped that this lawsuit will provide the vehicle by which the City of Newport Beach and the County of Orange can agree ; by way of a written , binding document; to the elements which are necessary to provide said effective aircraft noise abatement. -33- I� HELICOPTERS Helicopters , both police and military , are another significant source of aircraft noise within Newport Beach . This subsection on heli - copter noise is based on the helicopter noise section of the Wyle Laboratories Study : "Analysis of Highway Traffic Noise in Newport Beach , California" . POLICE HELICOPTERS The City of Newport Beach operates two police helicopters for surveillance of areas sensitive to crime. These craft have no set pattern of operation and might be found at any point at• any time. During emergency situations when the helicopter is moving to a scene of action , noise generation is quite high , but duration and frequency (as received by a given resident under the flight path ) are very low. Figure 18, below, lists the three different operating altitudes together with a progression to CNEL figures under some different assumed flight patterns . Fig . 18 - Noise Levels for Operation of Police Helicopter Height Above Ground Level in Feet Noise Measurement 500 800 1500 "A" Weighted Sound Pressure Levels 70 65 60 in dB (re: 20 µ N/m2) SENEL Under Flight Track Assuming 85 82 80 Cruise Speed of 30 mph CNEL Under Flight Track Assuming 49 43 41 One Flight/Day and Two Flights/ Night CNEL Under Craft Assuming a 55 50 48 10 Minute Hover at One Location Source : Wyle Laboratories -34- Figure 18 indicates that the police helicopter , though quite noticea- ble during the time when it is flying over , generates relatively low total acoustic energy averages over a day. Helicopter overflights are very singular , relatively nonrepetitive events . The foregoing data therefore tends to confirm a conclusion that can be drawn from everyday experience , that during the day such events will not usually cause extended annoyance and complaints . At night , however , repetition throughout the night is not a necessary condition for annoyance. A single event which produces complete awakening or even adequate recall can produce severe annoyance . Continuous night-after-night repetition will lead to inevitable complaint and in some cases only a few repetitions will arouse vigorous action . MILITARY HELICOPTERS Military helicopters flying over the City of Newport Beach are usually from the Marine Corps Air Station (MCAS ) in Santa Ana in support of operations at Camp Pendleton . The FAA has assigned a total of eight routes for their use over populated areas . These routes are used when visual flight is possible. The military helicopters are permitted to fly under any weather conditions wherein the pilots can maintain ground contact. The normal minimum altitude requirements are 600 feet above sea level for inbound , and 800 feet for outbound craft. All aircraft are required to fly 500 feet below cloud banks under special Visual Flight Rule conditions , but the military helicopters are permitted the additional allowance of being able to fly if they can maintain ground contact. Under clear skies , these craft fly at about 1800 -35- feet above sea level , leaving considerably more clearance with less noise. The one route for military helicopters that affects the City of Newport Beach is called the " Palisades Route" . This route is used to fly from MCAS to the sea , and may be described as running due south from the Big Canyon Reservoir and 30 degrees east from that reservoir. The assigned path is 1 /4 mile wide . Figure 19 indicates this flight path and the60 and 55 dB (A) CNEL contours . Populated areas within the city limits , directly under the flight path , include sections of Corona del Mar and the Harbor View Hills areas . A flight path 600 feet above sea level is only 300 feet abo-ve the Big Canyon Reservoir. The developments being constructed around Spyglass Hill are even higher and could , conceivably , be within 120 feet of a helicopter if a craft used the eastern-most edge of the path. The whole of Surrey Drive in the Cameo Highlands is approximately 400 feet below this flight path minimum altitude. The helicopter CNEL contours were developed by Wyle Laboratories based on an average sound level generation of four types of military helicopters operating in this flight path and an assumed altitude of 1 , 000 feet . Maximum sound pressure levels that may be expected along this 60 dB CNEL contour will approximate 83 dBA. Flyovers of military heli - copters may cause some annoyance , possibly leading to complaints , where residences are less than 2400 feet from the flight path -36- L L • • . 3 within the 60 dB (A) CNEL contour. At greater distances , the annoyance will decrease to levels below those of traffic noise. The Harbor View Elementary School and the Intermediate School on San Joaquin Hills Road are the most potentially sensitive recipients of military helicopter noise . -37- + � 1 I � � � � � HELICOPTER �� Y, ff t®� � ,y' .i✓ .�' � y"d "`•q�"4 A l(I`r"�l��l� JaJ ftf .v. c. ✓J / J J 1 60d,8 HELICOPTER a , y \ y + S r t , ® zt (C(�j\ ����a �`�t,i r`•� _' � �` NMI Z. _jw mix(3©® Q �� E7� 'V i %T _ ^x.,,„, ��Y"• t:.t� a�� � �3 � � ,������i" 0—"'-. - ,�0� �'tS� �^y .� � �aC7p �.. ��711 `\ {�-u c�� �rK{ �1 ________— � .-.-..... rs` ��-_—.'' •�W�W;��tY©\\. `�>.�` I=_ ` ry ^9E�9(E`%J cSf�7pit„�SQ G� _ �r)j eyCa �•�J"ry td ��In2 a`" ty .6 I���_i?•�L as�_�___ -�l _ -.- + _ 0 Oil ��, avevea��r'-7e_D9lJ�Q�is°`Jrai'6 "�`'�'`� `�,< a���lC1�GQQ�a9aa ' ___ - `;�^l•-�� '�, --' '�=-=—--- . .�o�`�o�`�:='. J,' � 7 i( a a a�a:,-e3a--a eoolllJ(J va p{i ,Gt�'Sl,> ° ,ram'�"" . e , o � \}11��,�` � �✓ \ ,�.� 1 7 e �ia�d` ai � + oo CJ ©C7 h Q �����•aaa!Saa�a��� iau _ ���JG"®Bo�rp000 ���F� �r }I'. ��'r , •SF _ 0�.�7�+'.� i\�.° ``a. / iyM?._'----'c^�s�l, ts� e.e ieI" �' _ � - � �``"1 r —__.. a Si.•i! CITY OFNEwPORTBEACH FIGURE-19 CONTOURS OF CONSTANT CNEL c C O E C , GLIFORIUA FOR MILITARY HELICOPTERS 6d --- SOURCE: WYLE LABORATORIES .�e✓JIYO )J ' s SECTION 3 - STATIONARY SOURCES Existing Conditions_ This category of noise impacts includes such sources as : 1 . Industrial Operations 2. Air Conditioning and Swimming Pool Motors 3. Maintenance and Construction Operations While no research studies have been conducted on stationary noise sources in Newport Beach , it is apparent that this category of noise has a relatively minor impact. Few complaints of continuing noise from stationary sources have been received. Most of the industry in the City of Newport Beach could be classified as "light" industry involving mostly research and development activities ; no major " heavy" industries (with large noise-producing machinery ) are located in the City. In view of the large amount of building activity in the City , periodic noise impacts from operation of construction equipment must be expected. However , these noise impacts are temporary in nature and generally occur only in the daytime . Future Conditions It is anticipated that noise from stationary sources will not become a major problem in the future. All of the developing industrial areas are of the " industrial park" type , consisting of " light" industrial operations . As the City becomes more fully developed. noise from construction activity should taper off. -38- SECTION 4 - NOISE CONTROL PROGRAM In order to protect the citizens of the City from the adverse effects of an uncontrolled noise environment , the City of Newport Beach will undertake a "noise control program" , including the control of noise at its source , and the attenuation of noise between the source and the receiver. The City will : 1 . Extend the California Administrative Code requirements for noise mitigation in the design and construction of new multi -family residential developments (Article 4 of the CAC) to include all types of residential development. 2. Exert all possible influence on the design of the Corona del Mar freeway to assure that it will be constructed as a "depressed" roadway and that all other practical noise mitigation measures will be implemented . 3. Adopt a local "noise control ordinance" which will protect residential and institutional properties from potential excessive levels of noise from stationary sources and which can be used as a guide to new businesses and industries in designing their facilities (so that the noise levels in the ordinance are not exceeded when new facilities are constructed ) . 4. Continue to require that noise impact analysis be included in Environmental Impact Reports , including the noise impact of the proposed development on other properties , and the effect of existing or projected noise levels on the future users or residents of the -39- s J proposed development. 5. Continue to enforce the California Vehicle Code Provisions relating to modified muffler systems . 6. Consider noise impacts when purchasing City vehicles and other City-owned equipment. 7. Continue to vigorously oppose the expansion of Orange County Airport and work towards imple- mentation of the City ' s airport policy, as stated in Section 2 of this Element. In addition the City will : A. Encourage the reinstatement of the "Preferential Runway Program" . This program, which involved scheduling takeoffs in a northerly direction during morning hours when wind condi- tions were favorable , had a definite bene- ficial effect in reducing jet aircraft noise over the City of Newport Beach . The program was terminated by the Board of Supervisors contrary to the advice of the airport noise abatement staff. B . Encourage the County Board of Supervisors to initiate a program of economic incentives for airlines to reduce the levels of noise generated by their aircraft. C. Support the implementation of programs for reduction of noise emissions from aircraft, as retrofit devices . -40- A CJ ! • • f f 8. Support the development and enforcement of more stringent State and federal vehicle and Aircraft Noise Control Legislation. -41 - Planning Commission Meeting July 18, 1974 Agenda Item No . 9 CITY OF NEWPORT BEACH �VLEZ July 9 , 1974 DO'NOT REMOVE TO : Planning Commission FROM: Community Development Department SUBJ : Noise Ordinance Attached is a revised draft of the proposed noise ordinance. This draft is essentially the same as the version discussed by the Planning Commission at the May 16 , 1974 Study Session , with the following revisions : 1 . Pg. 2 , the definition of "Public Institutional Property" has been expanded to include private schools and libraries . 2. Pg. 7 , the requirement that the applicant for a variance pay a seventy-five dollar fee if he appeals the Planning Commission decision to the City Council has been deleted . In addition , several non-substantive revisions to the wording have been made as suggested by the Orange County Health Department in their model noise ordinance. If the Planning Commission desires to recommend a noise ordinance , this ordinance may be recommended to the City Council for adoption as Chapter 10. 30 of the Municipal Code . As requested by the Planning Commission , staff has referred the Orange County Model Noise Ordinance to the Police Department . The Police Department' s comments will be presented at the meeting . COMMUNITY DEVELOPMENT DEPARTMENT R. V . HOGAN , DIRE TOR '!Vz By: Ti Cowe 1 TC :jmb Advance Planning Administrator Enc. Noise Ordinance CHAPTER 10. 30 NOISE CONTROL Sec. 10. 30. 010. Declaration of Policy. In order to control unnecessary, excessive and annoying noises , it is hereby declared to be the policy of the City of Newport Beach to prohibit such noises generated from all sources as specified in this Chapter. It is determined that certain sound levels are detrimental to the public health , welfare and safety, and contrary to public interest ; therefore , the City Council does ordain and declare that creating , maintaining , causing or allowing to create , maintain or cause any noise in a manner prohibited by, or not in conformity with , the provisions of this Chapter, is a public nuisance and shall be punishable as such . Sec. 10. 30. 015. Definitions . The following words , phrases and terms as used in this Chapter shall have the meaning as indicated below: AMBIENT NOISE LEVEL shall mean the all -encompassing noise level associated with a given environment, being a composite of sounds from all sources , excluding the alleged offensive noise , at the location and approximate time at which a comparison with the alleged offensive noise is to be made. CUMULATIVE PERIOD shall mean an additive period of time com- posed of individual time segments which may be continuous or inter- rupted. DECIBEL (dB ) shall mean a unit which denotes the ratio between two (2) quantities which are proportional to power: the number of decibels corresponding to the ratio of two (2) amounts of power is ten ( 10 ) times the logarithm to the base ten (10) of this ratio. EMERGENCY MACHINERY , VEHICLE OR WORK shall mean any machinery , vehicle or work used , employed or performed in an effort to protect provide or restore safe conditions in the community or for the citizenry , or work by private or public utilities when restoring -1 - y utility service. FIXED NOISE SOURCE shall mean a stationary device which creates sounds while fixed or motionless , including but not limited to industrial and commercial machinery Ind equipment , pumps , fans , compressors , generators , air conditioners and refrigeration equipment. GRADING shall mean any excavating or filling of earth material or any combination thereof conducted to prepare a site for construction or other improvements thereon. IMPACT NOISE shall mean the noise produced by the collision of one mass in motion With a second mass which may be either in motion or at rest. MOBILE NOISE SOURCE shall mean any noise source other than a fixed noise source. NOISE LEVEL shall mean the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micronewtons per square meter. The unit of measurement shall be designated as dB (A) . PERSON shall mean a person , firm, association , co-partnership , joint venture, corporation or any entity , public or private in nature . PUBLIC INSTITUTIONAL PROPERTY shall mean a parcel of real property which is used for public or private school , library , hospital , or church purposes . RESIDENTIAL PROPERTY shall mean a parcel of real property which is located in a residential zoning district or which is designated for exclusive residential use in the General Plan , any Specific Area Plan , or Planned Community District of the City of Newport Beach. The term " residential property" shall not include 1 ) residentially- developed parcels or residential units located in commercial , commercial -residential , or industrial zoning districts . SIMPLE TONE NOISE shall mean a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished. -2- SOUND LEVEL METER shall mean an instrument meeting American National Standard Institute ' s 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. SOUND PRESSURE LEVEL of a sound , in decibels , shall mean twenty (20 ) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure , which reference pressure shall be explicitly stated . Sec . 10. 30. 020. Noise Level Measurement Criteria. Any noise level measurements made pursuant to the provisions of this Chapter shall be performed using a sound level meter as defined in Section 10. 30. 015. Sec. 10. 30. 025. Designated Noise Zones . The properties hereinafter described are hereby assigned to the following noise zones . Noise Zone 1 : All residential and public institutional properties as defined in Section 10. 30. 015 , in or adjacent to the City of Newport Beach . Sec. 10. 30. 030. Exterior Noise Standards . (a) The following noise standards , unless otherwise specifically indicated , shall apply to all property within a designated noise zone . NOISE STANDARDS NOISE ZONE NOISE LEVEL TIME PERIOD 1 55 dB (A) 7 : 00 a .m. - 10 : 00 p .m. 50 dB (A) 10 : 00 p.m. - 7 : 00 a .m. (b ) It shall be unlawful for any person at any location within the City of Newport Beach to , create any noise , or to allow the creation of any noise on property owned , leased , occupied or otherwise controlled by such person , which causes the noise level when measured on any property , in a designated noise zone , to exceed : ( 1 ) The noise standard for a cumulative period of more than thirty minutes in any hour ; or (2 ) The noise standard plus 5 dB (A) for a cumulative period of more than fifteen minutes in any hour ; or -3- I , • • (3 ) The noise standard plus 10 dB (A) for a cumulative period of more than five minutes in any hour ; or (4) The noise standard plus 15 dB (A) for a cumulative period of more than one minute in any hour; or (5) The noise standard plus 20 dB (A) for any period of time . (c) In the event the ambient noise level exceeds any of the above five noise limit categories , the cumulative period applicable to said category shall be increased to reflect said ambient noise level . Furthermore , the maximum permissible noise level shall never exceed the maximum ambient noise level . ( d) Each of the noise limits specified above shall be reduced by 5dB(A) for impact or simple tone noises , or for noises consisting of speech or music. Sec. 10. 30. 035. Interior Noise Standard . ( a) It shall be unlawful for any person at any location within the City of Newport Beach to create any noise, or to allow the creation of any noise on property owned , leased , occupied or other- wise controlled by such person , which causes the noise level when measured within a dwelling unit on any residential property , as defined in Section 10. 30. 15 , during the period 10 : 00 p .m. to 7 : 00 a. m. to exceed: (1 ) 45 dB (A) for a cumulative period of more than 5 minutes in any hour ; or (2) 50 dB (A) for a cumulative period of more than 1 minute in any hour; or (3 ) 55 dB (A) for any period of time. (b ) In the event the ambient noise level exceeds any of the above three noise limit categories , the cumulative period applicable to said category shall be increased to reflect said ambient noise level . Furthermore , the maximum permissible noise level shall never exceed the maximum ambient noise level . -4- Sec. 10. 30. 040. Special Provisions . The following activities shall be exempted from the provisions of this Chapter: (a) School bands , school athletic and school entertainment events . (b ) Outdoor gatherings , public dances , shows and sporting and entertainment events provided said events are conducted pursuant to a permit issued by the City of Newport Beach , relative to the staging of such events . (c) Activities conducted on parks , public playgrounds and school grounds provided such parks , playgrounds and school grounds are owned and operated by a public entity. (d) Any mechanical device , apparatus or equipment used , related to or connected with emergency machinery , vehicle or work. (e ) Noise sources associated with construction , repair , remodeling , or grading of any real property, provided said activities do not take place between the hours of 8: 00 p. m. and 7 : 00 a .m. on weekdays , including Saturday, or at any time on Sunday or a federal holiday. (f) Noise sources associated with the maintenance of real property used for residential purposes , provided said activities take place between the hours of 7: 00 a .m. and 8: 00 p.m. onr any day except- Sunday , or between the hours of 9 : 00 a.m. and 8: 00 p . m. on Sunday. (g ) Any activity to the extent regulation thereof has been preempted by State or federal law. Sec. 10. 30. 045. Air Conditioning and Refrigeration ; Special Provisions . Until January 19 , 1979 , the noise standards enumerated in Sections 10. 30. 030 and 10. 30. 035 shall be increased 8 dB (A) where the alleged offensive noise source is an air conditioning or refrigeration system or associated equipment which was installed prior to the effective date of this ordinance . Sec. 10. 30. 050. Noise Level Measurement. The location selected for measuring exterior noise levels shall be at any point on the affected property. In the case of interior noise measurement , the windows shall be closed and the measurements -5- shall be made at a point at least four (4) feet from the wall , ceiling or floor nearest the noise source. Sec. 10. 30. 055. Variance Procedure . The owner or operator of a noise source which violates any of the provisions of this Chapter may file an application with the Director of Community Development for a variance from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with said provisions , the reasons why immediate compliance cannot be achieved , a proposed method of achieving compliance, and a proposed time schedule for its accomplishment. Said application shall be accompanied by a fee in the amount of seventy-five dollars ($75. 00) . A separate application shall be filed for each noise source ; provided , however, that several mobile sources under common ownership , or several fixed sources on a single property may be combined into one application . Upon receipt of said application and fee, the Director of Community Development shall refer it with his recommendation thereon within thirty (30) days to the Planning Commission for action at either a regularly scheduled or special meeting of the Commission . The applicant and any persons involved in the original complaint of violation shall be notified , in writing , at least ten (10) days prior to the Planning Commission meeting at which the variance request is heard. An applicant for a variance shall remain subject to prosecution under the terms of this ordinance until a variance is granted . The Planning Commission shall evaluate all applications for variance from the requirements of this Chapter and may grant said variances with respect to time for compliance , subject to such terms , conditions , and requirements as it may deem reasonable , to achieve maximum compliance with the provisions of this Chapter . Said terms , conditions , and requirements may include , but shall not be limited to limitations on noise levels and operating hours . Each such variance shall set forth in detail the approved method of achieving maximum compliance and altime schedule for its accomplishment. In its -6- n � , l K • • determinations the Planning Commission shall consider the magnitude of nuisance caused by the offensive noise ; the uses of property within the area of impingement by the noise ; the time factors related to study design , financing and construction of remedial work ; the economic factors related to age and useful life of equipment ; and the general public interest and welfare . Any variance granted shall be by resolution and any violation of the terms of said variance shall be unlawful . Sec. 10. 30. 060. Appeals . Within twenty-one (21 ) days following the decision of the Planning Commission on an application , the applicant , other interested party , or any member of the City Council may appeal the decision to the City Council by filing a notice of appeal with the Director of Community Development. Within thirty (30) days following receipt of a notice of appeal the Director of Community Development shall forward to the City Council copies of the application for variance , the notice of appeal , and all evidence concerning said application received by the Planning Commission , and its decision thereon. In addition , any person may file with the City Council , written arguments supporting or attacking said decision and the City Council may in its discretion hear oral arguments thereon . The applicant and any persons involved in the original complaint of violation shall be notified , in writing , at least ten (10) days prior to the meeting at which the appeal is heard. Within sixty (60) days following its receipt of the notice of appeal the City Council shall either affirm, modify or reverse the decision of the Planning Commission . Sec. 10. 30. 065. Relationship to Other Noise Regulations The provisions of this Chapter shall not be construed as permitting conduct not proscribed herein and shall not affect the enforceability of any other provisions of law relating to the control of noise. Furthermore, wherever an apparent conflict between these provisions and any other noise regulations exists , the more stringent of the �nolse regulations shall apply . -7- NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing to consider the adoption of the Noise Element of the Newport Beach General Plan and the adoption of a Noise Ordinance . Notice is hereby 'further given that said public hearing will be held on the 18th day of July , 1974 , at the hour of 7: 00 p.m. in the Council Chambers of the Newport Beach City Hall , at which time and place any and all persons interested may appear and be heard thereon . Joseph Rosener , Jr . , Secretary Newport Beach City Planning Commission Publication -Date July 4 , 1974 Received for ublication By TECowell/jmb (6-26-74) irF0MUZ COPY DO SNOT REMOVE AFFIDAVIT OF PUBLICATION NEWPORT HARBOR ENSIGN STATE OF CALIFORNIA1 ss. County of Orange f 11 ..................ARVO.................E..........HAAPA............................. being first duly sworn, and on oath depose and say that I am the printer and publisher of the Newport Harbor Ensign, a weekly newspaper printed and published in the City of Newport Beach, County of Orange, State of California, and that the.....H.Q.`T'.19.9...QE''..... ............................................................................................................ ..........................................................................................of which _ CE copy attached hereto is a true and complete copy,cof said tH Noti e03s her ytglven that printed and published in the regular issue(s) of said ING ecu- newspaper, and not in a supplement. ...... ........ tive times: to-wit the issue(s) of i the Planning Commission of the' City of Newport Beach will bold July,....ks.....9.7h................. a public hearing to consider! the adoption of the Noise El-j ......._............................................................................ ement of the Newport Beach General Plan and the adoption ..................................................................................... of a Noise Ordinance. Notice is hereby further gl- Yen that said public hearing ......................................,_:.......................................... will be held, on the 18th day. / 1 of July, 1974, at the hour of �\_�� er of t in the Council sham_ (Signed)................ ....... . ty H 1, the Newport Beach Cf ty Hall, at which time endplate' Subscribed and sworn to before me thtslJ th,,,,,day of any and all persons interested may appear and be heard there- ........................July,............ 19...4. ; on. JOSEPH ROSENER,JR„See- �� retaryy Newport Beach City ..... ,•.••N ... n ..... Planning Commission Rllf�c Publish: July 4, 1974, in the Count of Orange, State of California. Newport Harbor Ensign OFFICIAL SEAL ` MARY A. HAAPA 0 1'= Notary Public-Colitornla •* PR ORAN EL COUNTY IN MY COMMISSION EXPIRES DECEMBER70,(I? / • • CITY OF NEWPORT BEACH POLICE DEPARTMENT July 12, 1974 DO NOT RSMOVE TO: Tim Cowell, Advance Planning Administrator FROM: Chief of Police SUBJECT: NOISE ORDINANCE I have read with interest the proposed noise ordinance which I understand is essentially the same as one adopted by the County of Orange. While I recognize the desirability of im- proving our environment and living conditions in all possible respects I have some misgivings as to this being a suitable vehicle for such improvement. My concerns in the main are those of an operational or practical nature. Under present conditions the Police Department receives practi- cally all complaints relative to excessive noise or annoying noise. Officers are dispatched, contact the complainant and assess the situation in its totality. The hour of the day, the level of noise, the degree of aggravation, and the potential for citizen discomfort are all considered. Admittedly, their evaluation is subjective but subjective evaluations may be more satisfying to a resident who is disturbed by a barking dog or a loud stereo or even a swimming pool pump. Following an officer' s evaluation he will ordinarily advise the parties that (a) the level of noise is not in his opinion objec- tionable or (b) it is objectionable and must be stopped under authority of Section 415 of the Penal Code. If the noise con- tinues the officer may arrest. Section 415 reads as follows: "415. Disturbing the Peace. Every person who maliciously and willfully disturbs the peace or quiet of any neighborhood or person, by loud or unusual noise, or by tumultuous or offensive conduct, or threatening, traducing, quarreling, challenging to fight, or fighting, or who, on the public streets or any, unin- corporated town, or upon the public highways in such unincorpor- ated town, run any horse race, either for a wager or for amuse- ment, or fire any gun or pistol in such unincorporated town, or use any vulgar, profane, or indecent language, within the presence or hearing of women or children, in a loud and boisterous manner is guilty of a misdemeanor, and upon conviction by any court of competent jurisdiction, shall be punished by fine not exceeding two hundred dollars, or by imprisonment in the county jail for not more than ninety days, or both fine and imprisonment, or either, at the discretion of the Court. " To: Tim Cowell, Advance Planning Administrator July 12 , 1974 Page 2 You may note that Section 415 gives sufficient latitude for judgment and does place a burden of discretion on the officer. If the noise ordinance is adopted we will be establishing an objective standard of noise which may preempt the officer' s judgment and rob the citizen of immediate relief from the annoyance. Another feature of the ordinance which I question is placing enforcement authority in the County Health Department or the Community Development Department. This is a diversion of res- ponsibility that I find irrational. The Police Department being the recipient of complaints would be referring such complaints to another agency who would be forced to staff and train personnel for a 24-hour seven day a week operation. Further than this, how will we divide the responsibility? Which agency will be given which kind of noise complaints? Nothing in the ordinance suggests that the Police Department would handle any noise violations. ames Glavas Chief of Police RESOLUTION NO. 887 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO CONSIDER ADOPTION OF THE NOISE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN WHEREAS , a phase of the City's General Plan program has involved the preparation of a Noise Element; and WHEREAS, said Noise Element of the Newport Beach General Plan sets forth objectives and supporting policies to be followed in the planning of the future development of the City of Newport Beach; and WHEREAS , Section 707 of the City Charter of the City of Newport Beach requires the Planning Commission to hold a public hearing prior to the adoption of any element of the General Plan. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission intends to consider adoption of the Noise Element of the Newport Beach General Plan at a public hearing to be held on the 18th day of July, 1974, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California. BE IT FURTHER RESOLVED that the Secretary of the Newport Beach Planning Commission is hereby directed to publish notice of said hearing in accordance with the requirements of law. Regularly passed and adopted by the Planning Commission of the City of Newport Beach, State of California, on the 20th day of June, 1974. AYES : Beckley, Hazewinkel , Heather, Parker, Rosener, Seely NOES : None ABSENT:— Agee Chairman William C. Uzewihkel retar Joseph Rosener, Jr. DO NOT REMOVE DRB/bc 7/9/74 /✓J U y COMMISSIONERS CITY OF NEW�PORT RACH T� n y m j0 ° m IJ �� ' ��Y�� ■ MINUTES �^ DO'NOT REMOVE ROLL CALL June 20 , 1974• INDEX Motion X Planning Commission adopted Resolution No. 887 , Ayes X X X X X X setting a public hearing for July 18, 1974, to Absent X consider adoption of the Noise Element of the Newport Beach General Plan and the adoption of a Noise Ordinance. Motion X 141.aXning Commission directed the staff to prey r-e-*`' Ayes X X X X X X a let-fter-..tQhe City Council in support .9j--rh"e Absent X Health Department' s Bay Water Qua L onitoring Proposal being conStd, ned b oard of Super- visors. Motion X There bein further business , motioli'4w.4s made Ayes X X X X X X to a n . Time: 11 : 35 P.M. Absent X JOSEPH ROSENER, JR. , Secretary Planning Commission City of Newport Beach Page 16. - -._ .•aEWaaRr CITY OF NEWPORT BEACH tu , z CALIFORNIA 7266o city Hall c'94 Fos 3300 Newport Blvd. (714) 673-2110 CITIZENS" ENVIRONMENTAL QUALITY CONTROL ADVISORY COMMITTEE TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THE MEMBERS OF THE PLANNING COMMISSION SUBJECT: PROPOSED NOISE ORDINANCE DATE: JUNE 13, 1974 At its meeting of June 11, 1974, the CEQCAC Authorized submission of the following statement: One of the major problems with the control of environmental pollutants is the establishment -of criteria by which measurements can be made to determine if a problem truly exists. The proposed noise ordinance is a step in the right direction to eliminate the problem of when is a noise a nuisance. By establishing measurable values to noise, the determination of a potential nuisance is readily made by using known measurement techniques. Corrective actions can then be established. It is recognized that two major sources of noise (aircraft and auto- mobiles) are not covered by this proposed ordinance; however, this ordinance would cover sources that the City would have the power to enforce. Some of the sources of noise covered by this proposed ordinance, such as barking dogs, may be difficult to measure due to the randomness that may occur. However, the continuous creation of these types of noises would be measurable if truly a problem. It is also assumed that those sources of exempted noises, such as public meetings, day-time construction, etc. normally require permission from the City and when permission is granted that excessive noise that could create a nuisance would be controlled. , It is recommended that this proposed ordinance be strongly considered for implementation as a step towards making a quieter and more harmonious community in Newport Beach. Respectfully submitted, !✓c�asia. (c. �'� Valerie R. Murley CEQCAC, Chairman p 9 DO NOT REMOVE 'COMMISSIONERS *CITY OF NEWPORT ACK_ 6, `" �,r„ £ y=gym Z t MINUTES .c ROLL CA« iklg May 16, 1974 INDEX Owner: Mariner' s Savings & Loan Assoc. , Newport Beach Staff advised that the purpose of this amendment was to comply with the General Plan and the develop- ment proposed for the property in question. Public hearing was opened in connection with this matter and there being no one desiring to appear and be heard, the public hearing was closed. Motion X Motion was made to recommend to the City Council Ayes X X X X X X that Amendment No. 432 be approved. Absent X Item #11 Request to consider the adoption of a Noise NOISE Control Ordinance . CONTROL 0RD— I N ATCE Initiated by: The City of Newport Beach CONT. TO Community Development Director Hogan reviewed the JUNE 6 staff recommendations with - the Commission , i .e. , ( 1 ) that the ordinance be adopted by the City Council and (2) that the City enter into an agree- ment with the County Health Department for enforce ment of same. Senior Planner Cowell appeared before the Commis- sion and reviewed the proposed ordinance as well as revisions made which differ from that of the County ordinance. Jerry Niesler, Division of Environmental Health, Orange County Health Department, appeared before the Commission to comment on the ordinance as proposed by the City, enforcement problems which may be encountered, and recommended certain changes to the proposed ordinance. Planning Commission and Staff discussed the proposed ordinance at length as well as the various recommended changes and potential effects of same. There was also discussion by the Com- mission as to the need for an ordinance of this type and felt that the matter needed further study and evaluation before any action was taken. Motion X Foltowin discussion motion was made to continug. '. Ayes X X X X X X th s mat er o the toy ession on June 6 , 1974. - Absent X Page 12. c� C-mr�IN Q�stJ� Wks No-r �t Planning Commission Meeting May 16 , 1974 Agenda Item Number 11 CITY OF NEWPORT BEACH RUE Can DO NOT REMOVE May 8, 1974 TO : Planning Commission FROM: Department of Community Development SUBJ : Noise Control Ordinance Attached is a draft of the proposed Noise Control Ordinance , which is based on the Orange County Noise Control Ordinance , as dis- cussed at the April 18 , 1974 Planning Commission Study Session . Staff would, suggest that this Ordinance be added as a new Chapter (Chapter 10. 30) to Title 10 of the Municipal Code. This title of the Municipal Code currently contains two chapters which deal with noise control . While some of these current provisions may appear to be in conflict ,or redundant , they do apply more generally throughout the City and appear to be aimed more at nuisance control of one-time events ; the proposed Noise Control Ordinance will apply only to noise as it impacts individual properties and is aimed more at control of continuing noise sources . Section 10. 30. 060 covers potential conflicts by providing that , in case of conflict, the more stringent regulation shall apply. .As previously discussed , this Noise Control Ordinance should be considered as one part of a two-part local noise regulation program , which would consist of: 1 . Regulation of noise at its source (Noise Control Ordinance) , 2 . Regulation of noise impacts through special design and construction requirements for residential developments in noise-impacted areas (sound insulation , setbacks , berms and barriers ) , based on the Noise Element and state requirements . TO : Planning Commission - 2 Revisions to County Ordinance The major differences between the County Ordinance and the draft of the City Ordinance are as follows : 1 . The definition of "residential property" has been changed to include all property in residential zoning districts or designated for exclusive residential use in the General Plan , any Specific Area Plan , or Planned Community District. As discussed at the April 18 , 1974 Study Session , this change will resolve the potential problem of a commercial use being established adjacent to a vacant residential site and creating a noise level in excess of the standards which only becomes illegal after the residential site is developed and occupied. Also , this change resolves the potential problem of applying the same , relatively stringent , noise standards to dwelling units in mixed commercial and residential areas . 2. Schools , hospitals , and churches have been included in Noise Zone 1 , which results in these public institutional uses being given the same protection as residential properties . 3. The variance procedure has been changed . The County Ordinance calls for the creation of a Noise Variance Board to hear applications for a variance , while the draft of the Newport Beach Ordinance provides that variance requests will be heard by the Planning Commission , with appeal to the Council . Staff feels that the small number of variance applications that are anticipated would be insufficient to justify creation of a separate variance board. Enforcement In considering the two alternative means of enforcing this ordinance , use of City staff or contracting with the County Health Department , staff is of the opinion that the City should , at least initially , utilize the Health Department ' s enforcement services . TO : Planning Commission - 3 Although the City has in its possession a basic sound level meter (in the Police Department) which could be utilized for noise measurement, it appears that the cost in terms of personnel time would exceed the cost of the County contract. In discussions with the Health Department staff , it was estimated that the noise measurement , recording , and analysis required for each complaint would involve 10 to 12 hours of City staff time. If we assume an average of two complaints per month , or 24 complaints per year, a total of from 240 to 288 hours of staff time per year would result. Assuming a cost to the City of $12. 00 per hour (including overhead ) would result in a total annual cost of from $2 ,880 to $3,456. Added to this would be additional costs for court appearances when required . Also , there is the question of training a staff member to conduct noise measure- ment , recording , and analysis so that his findings would stand up in court as an "expert witness" . This may result in an additional cost to the City. The Health Department has indicated that they would be willing to contract with the City for noise ordinance enforcement for $*•2 ,200 per year . They are in the process of acquiring an automated noise measurement vehicle which will provide rapid and efficient noise measurement, recording , and analysis . The Health Department will be able to provide testimony , at no additional expense to the City , for those cases which go to court , which will be recognized by the court as " expert witness " testimony. The quality of the noise measurement , recording and analysis function and the reputation of the expert witness is a critical aspect of noise ordinance enforcement. If, after the first year ' s experience with County Health Department enforcement , it becomes apparent that City staff enforcement would be more economical , the City could choose to not renew the contract. Recommended Action Staff suggests that the Planning Commission take the following TO : Planning Commission - 4 actions : 1 . Recommend, by resolution , the adoption of the Noise Control Ordinance (with any revisions desired ) by the City Council . 2. Recommend that the City Council authorize the execution of an agreement with the County Health Department for enforcement of this Ordinance for a one-year period . COMMUNITY DEVELOPMENT DEPARTMENT R. V. HOGAN , DIRECTOR By i ell Seni Planner TC :jmb Att. Draft of the Proposed Noise Control Ordinance. CHAPTER 10 . 30 NOISE CONTROL Sec. 10. 30. 010. Declaration of Policy . In order to control unnecessary , excessive and annoying sounds , it is hereby declared to be the policy of the City of Newport Beach to prohibit such sounds generated from all sources as specified in this Chapter. It is determined that certain sound levels are detrimental to the public health , welfare and safety , and contrary to public interest. Sec. 10. 30 . 015. Definitions . The following words , phrases and terms as used in this Chapter shall have the meaning as indicated below: AMBIENT NOISE LEVEL shall mean the all -encompassing noise level associated with a given environment, being a composite of sounds from all sources , excluding the alleged offensive noise , at the location and approximate time at which a comparison with the alleged offensive noise is to be made . CUMULATIVE PERIOD shall mean an additive period of time com- posed of individual time segments which may be continuous or inter- rupted. DECIBEL (dB ) shall mean a unit which denotes the ratio between two (2) quantities which are proportional to power : the number, of decibels corresponding to the ratio of two (2) amounts of power is ten ( 10) times the logarithm to the base ten ( 10) of this ratio . EMERGENCY MACHINERY , VEHICLE OR WORK shall mean any machinery , vehicle or work used , employed or performed in an effort to protect provide or restore safe conditions in the community or for the citizenry , or work by private or public utilities when restoring utility service. FIXED NOISE SOURCE shall mean a stationary device which creates sounds while fixed or motionless , including but not limited to industrial and commercial machinery and equipment , pumps , fans , compressors , generators , air conditioners and refrigeration equipment. -1 - • • IMPACT NOISE shall mean the noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest . MOBILE NOISE SOURCE shall mean any noise source other than a fixed noise source. NOISE LEVEL shall mean the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micronewtons per square meter. The unit of measurement shall be designated as dB (A) . PERSON shall mean a person , firm, association , co-partnership , joint venture , corporation or any entity , public or private in nature. RESIDENTIAL PROPERTY shall mean a parcel of real property which is located in a residential zoning district or which is designated for exclusive residential use in the General Plan , any Specific Area Plan , or Planned Community District of the City of Newport Beach . The term " residential property" shall not include 1 ) residentially- developed parcels or residential units located in commercial , commercial -residential , or industrial zoning districts . PUBLIC INSTITUTIONAL PROPERTY shall mean a parcel of real property which is used for public school „ hospital , or church purposes . SIMPLE TONE NOISE shall mean a noise characte:rized• by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished. SOUND LEVEL METER shall mean an instrument meeting American National Standard Institute' s Standard SL 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. SOUND PRESSURE LEVEL of a sound, in decibels , shall mean twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure , which reference pressure shall be explicitly stated. -2- • Sec. 10. 30. 020. Noise Level Measurement Criteria . Any noise level measurements made pursuant to the provisions of this Chapter shall be performed using a sound level meter as defined in Section 10. 30. 015. Sec. 10. 30. 025. Designated Noise Zones . The residential properties hereinafter described are hereby assigned to the following noise zones . Noise Zone 1 : All residential and public institutional properties as defined in Section 10. 30. 015 , in the City of Newport Beach . Sec. 10. 30. 025. Exterior Noise Standards . (a) The following noise standards , unless otherwise specifically indicated , shall apply to all property within a designated noise zone. NOISE STANDARDS NOISE ZONE NOISE LEVEL TIME PERIOD 1 55 dB (A) 7 : 00 a .m. - 10 : 00 p.m. 50 dB (A) 10 :00 p.m. - 7 : 00 a.m. (b ) It shall be unlawful for any person at any location within the City of Newport Beach to , create any noise , or to allow the creation of any noise on property owned or controlled by such person , which causes the noise level when measured on any property , in a designated noise zone , to exceed : (1 ) The noise standard for a cumulative period of more than thirty minutes in any hour; or� (2 ) The noise standard plus 5 dB (A) for a cumulative period of more than fifteen minutes in any hour; or (3) The noise standard plus 10 dB (A) for a cumulative period of more than five minutes in any hour; or (4) The noise standard plus 15 dB (A) for a cumulative period of more than one minute in any hour ; or (5) The noise standard plus 20 dB (A) for any period of time. (c ) In the event the ambient noise level exceeds any of the above five noise limit categories , the cumulative period applicable to -3- said category shall be increased to reflect said ambient noise level . Furthermore , the maximum permissible noise level shall never exceed the maximum ambient noise level . (d) Each of the noise limits specified above shall be reduced by 5 dB (A) for impact or simple tone noises , or for noises consisting of speech or music. Sec. 10. 30. 030. Interior Noise Standard . (a) It shall be unlawful for any person at any location within the City of Newport Beach to create any noise , or to allow the creation of any noise on property owned or controlled by such person , which causes the noise level when measured within a dwelling unit on any residential property , as defined in Section 10. 30. 15 , during the period 10 :00 p. m. to 7 : 00 a. m. to exceed : ( 1 ) 45 dB (A) for a cumulative period of more than 5 minutes in any hour; or (2) 50 dB (A) for a cumulative period of more than 1 minute in any hour; or (3) 55 dB (A) for any period of time . (b ) In the event the ambient noises level exceeds any of the above three noise limit categories , the cumulative period applicable to said category shall be increased to reflect said ambient noise level . Furthermore , the maximum permissible noise level shall never exceed the maximum ambient noise level . Sec. 10. 30. 035. Special Provisions . The following activities shall be exempted from the provisions of this Chapter: (a) School bands , school athletic and school entertainment events . (b ) Outdoor gatherings , public dances , shows and sporting and entertainment events provided said events are conducted pursuant to a permit issued by the City of Newport Beach . (c ) Activities conducted on parks , public playgrounds and school grounds provided such parks , playgrounds and school grounds are owned and operated by a public entity. -4- (d) Any mechanical device , apparatus or equipment used , related to or connected with emergency machinery , vehicle or work. (e) Noise sources associated with construction , repair , remodeling , or grading of any real property , provided said activities do not take place between the hours of 8: 00 p.m. and 7 : 00 a.m. on weekdays , including Saturday, or at any time on Sunday or a federal holiday. (f) Noise sources associated with the maintenance of real property used for residential purposes , provided said activities take place between the hours of 7 : 00 a .m. and 8 : 00 p. m. on any day except Sunday , or between the hours of 9 : 00 a .m. and 8 : 00 p.m. on Sunday. (g ) Any activity to the extent regulation thereof has been preempted by State or federal law. Sec 10 30 035. Air Conditioning and Refrigeration ; Special Provisions . During the five-year period following the effective date of this ordinance , the noise standards enumerated in Sections 10 . 30 . 025 and 10. 30. 030 shall be increased 8 dB (A) where the alleged offensive noise source is an air conditioning or refrigeration system or associated equipment which was installed prior to the effective date of this ordinance. Sec. 10. 30. 040. Noise Level Measurement. The location selected for measuring exterior noise levels shall be at any point on the affected residential property. In the case of interior noise measurement, the windows shall be closed and the measurements shall be made at a point at I-east four (4) feet from the wall , ceiling or floor nearest the noise source. Sec. 10. 30. 045. Variance Procedure. The owner or operator of a noise source which violates any of the provisions of this Chapter may file an application with the Director of Community Development for a variance from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with said provisions , the reasons why immediate compliance cannot be achieved , a proposed method of achieving compliance , -5- and a proposed time schedule for its accomplishment . Said application shall be accompanied by a fee in the amount of seventy-five dollars ($75. 00) . A separate application shall be filed for each noise source ; provided , however , that several mobile sources under common ownership , or several fixed sources on a single property may be combined into one application. Upon receipt of said application and fee , the Director of Community Development shall refer it with his recommendation thereon within thirty (30 ) days to the Planning Commission for action at either a regularly scheduled or special meeting of the Commission . The applicant and any persons involved in the original complaint of violation shall be notified , in writing , at least ten (10 ) days prior to the Planning Commission meeting at which the variance request is heard. An applicant for a variance shall remain subject to prosecution under the terms of this ordinance until a variance is granted. The Planning Commission shall evaluate all applications for variance from the requirements of this Chapter and may grant said variances with respect to time for compliance, subject to such terms , conditions , and requirements as it may deem reasonable , to achieve maximum compliance with the provisions of this Chapter. Said terms , conditions , and requirements may include , but shall not be limited to limitations on noise levels and operating hours . Each such variance shall set forth in detail the approved method of achieving maximum compliance and a time schedule for its accomplishment. In its determinations the Planning Commission shall consider the magnitude of nuisance caused by the offensive noise ; the uses of property within the area of impingement by the noise ; the time factors related to study design, financing and construction of remedial work ; the economic factors related to age and useful life of equipment ; and the general public interest and welfare . Any variance granted shall be by reso- lution and any violation of the terms of said variance shall be unlawful . Sec. 10. 30. 050. Appeals . Within twenty-one (21 ) days following the decision of the Planning Commission on an application , the applicant , other interested -6- party , or any member of the City Council may appeal the decision to the City Council by filing a notice of appeal with the Director of Community Development. If the appeal is made by the applicant , the notice of appeal shall be accompanied by a fee of seventy-five dollars ($75. 00) . Within thirty (30 ) days following receipt of a notice of appeal the Director of Community Development shall forward to the City Council copies of the application for variance , the notice of appeal , and all evidence concerning said application received by the Planning Commission , and its decision thereon . In addition , any person may file with the City Council , written arguments supporting or attacking said decision and the City Council may in its discretion hear oral arguments thereon . The applicant and any persons involved in the original complaint of violation shall be notified , in writing , at least ten (10 ) days prior to the meeting at which the appeal is heard. Within sixty (60) days following its receipt of the notice of appeal the City Council shall either affirm, modify or reverse the decision of the Planning Commission. Sec. 10. 30. 055. Relationship to Other Noise Regulations The provisions of this Chapter shall not be construed as permitting conduct not' proscribed herein and shall not affect the enforceability of any other provisions of law relating to the control of noise. Furthermore , wherever an apparent conflict between these provisions and any other noise regulations exists , the more stringent of the noise regulations shall apply. -7- 1 Planning Commission Meeting April 18, 1974 Study Session Item No . 3 CITY OF NEWPORT BEACH TO : Planning Commission FROM: Department of Community Development SUBJ : Noise Ordinance Attached is a copy of the Orange County Noise Control Ordinance , adopted by the Board of Supervisors in November of 19739 and a copy of the Health Department report entitled "Noise and the Proposed Orange County Noise Ordinance" . The County is encouraging all cities in Orange County to adopt this ordinance as the city ' noise control ordinance , resulting in relatively uniform noise regulations throughout the county , with the understanding that some minor revisions may be necessary to account for varying local conditions . According to the County Health Department , the Cities of Fountain Valley , La Habra , and Costa Mesa have adopted similar ordinances . Staff suggests that the Planning Commission consider recommending this ordinance , with revisions as desired , to the City Council for adoption as the Newport Beach Noise Control Ordinance . Features of the Ordinance The County Noise Control Ordinance provides protection to residential properties from noise sources on other residential , commercial , and industrial properties . Provision is made for expanding this protection to commercial and industrial properties in the future , should this become necessary or desirable. Mobile noise sources such as automobiles and aircraft are not controlled by this ordinance , since the control of these sources has been pre-empted by state and federal regulations . Also , no mention is made of noise control through the design and construction of new residential developments . However, it appears that the sound insulation aspect of noise control for residential interiors has been taken care of by the State . FILE CO"Am DO,NOT REMOVE 1 r TO: Planning Commission - 2 Article 4, Section 1092 of the California Administrative Code , adopted in March , 1974 , requires special sound insulation for new residential construction . (These state regulations and other proposals for the new construction-design aspect of noise control will be further discussed with the Noise Element at a subsequent meeting. ) Staff would suggest that this Noise Ordinance be considered as one part of a two-part local noise regulation program, which would consist of: 1 . Regulation of noise at its source (Noise Ordinance) , 2. Regulation of noise impacts, through special design and construction requirements for residential developments in noise-impacted areas (sound insulation , setbacks , berms and barriers ) , based on the Noise Element and state requirements . An additional discussion of the features of the County Noise Control Ordinance is contained in the "Noise and the Proposed Orange County Noise Ordinance" report (Page 20) . Suggested Revision At this time , staff would suggest one revision to the County Noise Control Ordinance , prior to its adoption as the Newport Beach Noise Control Ordinance . As written , the regulations apply to property used for residential purposes , but vacant areas which will be developed for residential use are not included . This could create the situation where a commercial use is established which creates a noise level which exceeds the standards , but which only becomes illegal after adjacent residential properties are developed and occupied . By then , the reduction of the noise level to the ordinance standards may be difficult or impossible. Staff suggests that these regulations should apply to all properties in residential zoning districts and all properties designated for residential use (exclusively) in the General Plan . This revision would also resolve the Potential problem of applying the same , relatively stringent , noise standards to dwelling units in mixed commercial and residential areas . It would probably be, infeasible to apply these standards to existing dwelling units in the same building , `` - .. TO : Planning Commission - 3 or on the same lot as , a bar or restaurant. Enforcement While the means of enforcement is not written into the noise control ordinance and can be changed at any time subsequent to the adoption of the ordinance , consideration should be given to the method of enforcement prior to its adoption . There are two possible alternative means of enforcing this ordinance . The first alternative would be to use City staff and City-owned equipment. The second would be to contract i with the County to provide enforcement services (through the Health Department) . A major question at this time is whether City enforcement would require additional staff and/or equipment. The Health Department representative will further discuss this subject of enforcement with the Commission . Recommended Action Staff suggests two possible courses of action : I . Continue this item until the Noise Element and the new construction-design aspect of noise control is discussed (at a meeting in the near future) , and set a public hearing on the Noise Control Ordinance and the Noise Element at the same meeting , or 2. Direct staff to rewrite the County Noise Control Ordinance , with revisions as desired , and set a public hearing for a date certain . COMMUNITY DEVELOPMENT DEPARTMENT R. V . Hogan ,,,)y r By. 04 Tim Cowell Senior Planner TEC : jmb it NOISE AND THE PROPOSED ORANGE COUNTY NOISE ORDINANCE Prepared by the Orange County Health Department P. O. Box 355, Santa Ana, California February 5, 1973 Revised: October 29, 1973 TABLE OF CONTENTS Page SUMMARY 1 I The Urban Noise Problem 2 II The Generation and Propagation of Sound 3 III The Characteristics of Sound 4 IV Sound Measurement 7 V Examples of Sound Levels from Common Sources 8 VI Human Effects Criteria for Noise Control 9 VII Noise Levels Encountered in Orange County 17 VIII Features of the Proposed Ordinance 20 References FACTS ABOUT NOISE', AND THE PROPOSED ORANGE COUNTY NOISE ORDINANCE SUMMARY Urban noise isbecaning a serious environmental problem in Orange County. Current noise levels have already produced annoyance, sleep disturbance, mental anguish and, possibly, adverse physiological effects to people in some areas. Noise Levels will increase as the County continues to grow, and will become a wide-spread health problem by the year 1990, unless steps are taken to control them. Although Local government is powerless to legislate against the two major urban noise sources, motor vehicles and aircraft, a noise ordinance would do much to control many other objectionable noise sources. Currently, many citizen complaints regarding noise are received, but Little control can be obtained without legal noise limits. The Health Department has developed a proposed noise control ordinance which would, if enacted, establish quantitative maximum permissible noise Levels in residential areas, and establish an objective method of noise measurement to determine compliance with the standards. The standards are.based on extensive field studies conducted by the Department, as well as on research reported in the scientific literature. The ordinance would apply to most annoying noise sources encouit'exed in community complaint situations. In addition to its use in abating noise sources, the ordinance should also 'be useful as a land use planning guide, in which proposed developments could be evaluated against the noise standards. It is hoped that similar ordin- ances will be adopted by each city in order to effect a uniform county wide approach to urban noise control. r 2 FACTS ABOUT NOISE, AND THE PROPOSED ORANGE COUNTY NOISE ORDINANCE I. The Urban Noise Problem o Noise is commonly defined as unwanted annoying sound. It is a pollutant which lowers the quality of life and detracts from the enjoyment of urban living. o At sufficient levels, noise can cause annoyance, speech inter- ference, sleep disturbance, psychological distress, physiolog- ical stress and hearing loss. Such noise levels already exist in some areas of Orange County. o Noise levels in urban areas have increased continuously in recent.years throughout the United States, at an estimated rate of one decibel per year. Given present noise levels and this rate• of increase, ambient noise will constitute a serious health hazard to most Orange County residents by the year 1990. o The Orange County Health Department received 49 requests for help in dealing with noise problems in 1972,- even though we have no community noise control ordinance. These requests ranged from noise"sources affecting individual families to those affecting entire communities. o Motor vehicles, as a group, are the most pervasive contributors to urban noise, while aircraft produce the most aggravated community annoyance reactions. In certain areas, noise from these two sources is already at levels of health concern. o Other_ significant noise sources are factories, railroads, powered gardening equipment, stereo sound amplifiers, musical instruments, power tools and air conditioners. o Most of the noise problems we encounter could have been miti- gated through the application of simple preventive measures, including: (1) reduction at the source, (2) increased distances between the source and the human receiver, and (3) the provision of sound barriers. o One very effective means of controlling noise is to control the growth and distribution of population through wise land use planning practices. In this way, residential areas can be sep- arated from freeways, airports and noisy businesses; and the mushrooming numbers of noise sources can be stemmed. • r 3 II. The Generation and Propagation of Sound o The generation and propagation of sound is easily illustrated by a simple model. Consider a plate suspended in air bounded on both sides by layers of air. If we strike the plate it vibrates, moving rapidly back and forth. As it moves, it com- presses the air in the direction of its motion and when it reverses direction, it leaves a partial vacuum or rarefaction of the air. These alternate compressions and rarefactions cause small fluctuations in atmospheric pressure which are repeated in subsequent layers of air extending outward from the plate. When the pressure variations strike the ear drum, it vibrates in response to the changes in pressure. The dis- turbance is carried through the inner ear to the brain where it is interpreted as sound. Propagation of Sound Waves Vibrating Plate too •• • • • a . • •• i • •� • • • • . e • • • o • 5 •L•i • . • • • . e • '• • • • • ••• 7.•'': • •a • • • . • ii • ••• i • • • • iei • . ••• ' • . • • • •• o • • • • • • ••� •• •/r '• o eel • • • • ••00 • • • • • • o• • • •••• •$/ • •• • e • • •••• • • • • • • • • • Compression Vacuum Compression Vacuum Compression H y N O H M H ryi TIME —� Diagram of Sound Wave III. The Ch aracteristics of Sound A. Intensity o The pressure variations producing sound are so small that they are measured in "microbars" (a microbar is about one- millionth of normal atmospheric pressure which is 14.7 lbs. per sq. in.) o The human ear is so sensitive that it can detect sound pressure variations as low as .0002 microbar, while at 200 microbars, a one million-fold increase, discomfort is . produced. o This is far too great a range to express conveniently in a normal arithmetic scale, so it is necessary to express noise intensity in another term - the decibel (dB). 0 The decibel is simply the logarithm of the ratio between a particular sound pressure and the lowest detectible pressure, .0002 microbar. 0 Thus, .0002 microbar becomes 0 dB, and 200 microbars equals 120 dB sound pressure level (SPL) according to the formula: SPL = - 20 log10 p dB, Po where p is the measured sound pressure and p0 is .0002 microbars. 0 On the decibel scale, a 10-fold increase in sound pressure results in a 20 dB increase in the meter reading, a 100- fold_increase in sound pressure produces a 40 dB increase, and so on. 0 The decibel is also used as a measure of the power produced by a sound source. Here the decibel is the ,logaritbm of the ratio between the acoustic power, in watts, and a ref- erence power of 10-12 watts. 0 Sound power level (PWL) is expressed by the formula: PWL = 10 1og10 _H dB, where W is the acoustic power in watts and W0 is 10-12 watt. 0 A 10-fold increase in sound power is equivalent to 10 dB, a 100-fold increase equals 20 dB, and so on. 5 o If you double the sound power, you only add 3 dB to the sound pressure level. That is, if you have one source which produces a sound pressure level of 90 dB, and add to it another identical source with a 90 dB level, the total sound pressure level is 93 dB, not 180 dB. o Sound levels diminish as you move farther away from the source. Every time the distance from the source doubles, the sound pressure level goes down 6 dB. B. Frequency o Another aspect of sound is frequency or pitch, which is the number of times the air pressure variations occur in a second. o Frequency is expressed as cycles per second (cps) or Hertz (Hz) which means the same thing. o Low frequency sounds are those with few variations per second, such as notes from a tuba, while high frequency sounds have many variations per second, such as the sound of a piccolo. o Some examples of sound frequencies from the piano keyboard are: Note Fundamental frequency C3 - 131 cps ) Middle C - 262 cps ) Each interval ' C5 - 524 cps ) is one octave C6 1048 cps ) o Most sounds contain more than one frequency. Sound which contains a wide range of random frequencies is called "broad band" noise. Sound that contains only one frequency, such as a shrill whistle, is called a "pure tone". Pure tone noise can be especially annoying. o The human ear can hear frequencies from about 20 to 20,000 cycles per second. But it cannot hear all pitches equally well, being more sensitive in the range of 3000 - 4000 cps than in either lower or higher frequencies. Thus, a 4000 -- cps tone of 60 dB sounds just as loud as a 100 cps tone of about 75 dB; and a 4000 cps tone at 60 dB sounds much louder than the 100 cps tone at 60 dB. 6 C. Periodicity o Sound may be "steady" or "fluctuating" both with respect to intensity and frequency.. An example of a fluctuating sound is an emergency siren. o "Impulsive" sounds are those such as produced by a jack- hammer or riveting machine. They are more annoying than steady state noises. D. Semantic Content o Noise with "semantic" or "information" content, such as music or speech, tends to distract attention, and is more annoying than steady broad band noise. NOISE CHARACTERISTICS INTENSITY FREQUENCY (decibels) (cycles per second or Hertz) Noise Transmission Path Receiver Source f 7 I IV. Sound Measurement 0 Instruments, called sound level meters, have' been developed which measure the intensity of sound. These meters have one or several scales, some of which correspond to subjective human response to sounds of different frequencies. o The "linear" scale of the sound level meter, unlike the ear, gives an equally weighted (or "flat") response for sounds of . all frequencies. o The A scale gives less weight to the low and very high frequen- cies, as does the ear. It approximates the ear's response to noise. The A scale, therefore, is ideal for use with noise performance standards designed for protection of humans against excessive noises. For this reason, "A" weighted measurements, abbreviated dBA, have become the basis for most community noise regulations. FIGURE I Frequency-response Characteristics for Sound Level Meters *5 A D LineaY C ko - m - w -15 100 w -20 B00r FREQUENCY RESPONSES H FOR SLM WEIGHTING CHARACTERISTICS z i -25 m w � •30 A t- -35 J I , s -40 -45 ' -5120 50 100 200 500 1000 2000 5000 10,000 20A00 FREQUENCY IN CYCLES PER SECOND a�• r C 8 V. Examples of Sound Levels from Common Sources FIGURE IZ Sound level,d0A SOUND LEVELS BY SOURCE 140 e.r . a. 130 :.b y W 0 Ea 220 Oxygen torch eo Snowmobile Rock-n-roll band 7n I10 Riveting machine Jet take off b Textile loom at 1000, a Jet flyover at 10001 ,°t 100 Electric furnace > Rock drill Power mower Motorcycle 90 Snowmobile * Food blender v Power mower' aLathe Diesel truck • Garbage disposal >. 80 Clothes washer Passenger car ' Dish washer 1 70 Vacuum cleaner 0 Air conditioning Conversation 60 unit Y • Y .7 J ' a 40 30 ' ' u 'at 50' .y a 20 10 0 Industrial or Community-Outdoors Home-Indoors Machine Operator Source: Department of Public Health,A Report to the 1971 Legislature on the Subject of Noise Pursuant to Assembly concurrent Resolution 165, 1970. ' r 9 VI. Human Effects Criteria for Noise Control A. Annoyance and Mental Health o Several studies have shown a direct relationship between noise exposures and mental health. o A Swedish traffic noise study showed that the proportion of people annoyed increased linearly with increasing noise levels above 50 dBA, based on a 24-hour average. Symptoms such as headache, insomnia and nervousness were closely correlated with the severity of exposure. l o A recent English study disclosed that a significantly higher number of admissions to a mental hospital occurred in a neighborhood having a high exposure level to aircraft noise than from areas receiving less aircraft noise.2 o Other studies link acoustically poor environments with such symptoms as nausea, instability, argumentativeness, anxiety, fatigue and lethargy.3,4 B. Annoyance Noise Level Criteria o The State of California Department of Public Health, citing several case studies and attitude surveys of human reactions to noise, compiled the following tables showing community annoyance indices for residential areas: TABLE I What People Want Location Noise Level dBA Day Night Rural Residential 35 25 Suburban Residential 40 30 Urban Residential 45 35 r 10 TABLE II What People Will Accept Without Undue Complaint Location Noise Level, dB(A) Day Night Rural Residential 35-45 25-35 Suburban Residential 40-50 30-40 Urban Residential 45-55 35-45 TABLE III Estimated Community Response to Noise Noise Level in dB(A) Estimated Above the Acceptable Level Community Response 0 No observed reaction 5 Sporadic complaints 10 Widespread complaints 15 Threats of Action 20 Vigorous Action o The consulting firm of Veneklasen & Associates conducted numerous community studies of peoples' reaction to various intruding noise levels in residential areas. Their results are depicted in Figure III (following page). 11 FIGURE III • Empirical Relationship Between Noise Level and Community Response Vigorous legal - action Threats of legal action — --- r 0 Widespread ar o strong complaintsGo p C. <� .00 •� Estimated Probable Average Sporadic or E Mild complaints -0 0 \�Q Estimated Range of Reactions for Noise is T pical Persons Noti,;eoble Noise is no noticeable ---•••••--_. . __._ — -• 30 40 50 60 70 80 90 Adjusted Noise Level (dBA) Responses shown are for continuous daytime, nonimpulsive, broad band noises in quiet suburban neighborhoods, with windows open, where residents have had no previous exposure to nuisance noises. Reference: : Paul S. Veneklasen & Assoc. , "Noise Impact Study for Proposed Orange County Stater District Desalting and Water Reclamation Plant", Environmental Impact Study for the Orange County Coastal Project, June, 1971. 12 C. Sleep Disturbance o The physiological and psychological effects of sleep inter- ference are well documented. o Acute loss of sleep may impair performance of certain kinds of tasks. Jobs that require short-term memory and high- speed processing of information are extremely sensitive to small amounts of sleep deprivation.5 o Chronic loss of sleep can cause psychological distress. Severe sleep disturbance precedes and accompanies most psychiatric syndromes, and complaints of sleeplessness are among the most frequent symptoms presented to the general. medical practitioner.5 o Prolonged sleep loss can lead to transient but severe psy- chological disturbance in which the subject experiences vivid visual hallucinations, delusions of persecution, and disorientation for time and place.5 o Noise can of course awaken the sleeper, can shift him from a deeper stage of sleep to a shallower stage or can deprive him of the sleep period which is connected with dreaming and which is thought to be most important to mental health.6 o It is claimed that people adapt to sleep disturbance by noise. However, this is mostly illusory.4 Studies have shown that the sense organs are just as sensitive to stimuli during sleep as during wakefulness. Responses in EEG, heart rate, blood flow and skin resistance show very little adaptation. D. Noise Levels Which Disturb Sleep o The exact noise levels which prevent or interrupt sleep are dependent on many• variables: the person's age, stage of sleep, motivation to awake, prior degree of restedness and over-all emotional health. 'r o However, noise disturbs sleep in direct relation to its intensity. Figure IAsummarizes information from several _ studies, and shows that a significant fraction of the population (30 percent and more) may suffer some form of sleep disturbance if the level of intruding noise in their bedroom exceeds 45 dBA.4 (next page) r 13 FIGURE IV Noise Levels Which Disturb Sleep AWAKENING AWAKENING OVERALL FROM STAGE 11 SINGLE NOISE S00 SINGLE NOISE j W SO d 70 A / "NOISE WAKES ME UP" W 60 2 12 30 NOISES 1 0 W W 50 � � t "NOISE KEEPS W i / ME FROM GOING 40 r 0 TO SLEEP" 30 NOISES w u. 30 AAKENI 20 ,�� ® STAGES ING$ IV SINGLE NOISE 10 501 10 20 30 40 50 60 70 BO 90 100 110 120 dBA- INDOORS- BRIEF SOUNDS (UNDER 3 MINUTES ) Note: Roman Numerals II, III0 'IV, refer to sleep stage from light to deep sleep. "Awakening," Stage II & III, curves are derived from laboratory studies of normally rested young adults. "Awakening, overall single noise" curve based on 3.50 persons tested against 3-minute sounds in their own bedrooms. "Noise wakes me up" and "Noise keeps me from going to sleep" curves are based on questionnaire studies of people living near airports. r 14 E. Interference With Speech Communication o Interference with speech communications can degrade interpersonal relations, reduce learning in the class- room, prevent the accomplishment of job tasks and detract from the enjoyment of entertainment. o The standard acoustical design limit for classrooms is 52 dBA. For other building uses, the following criteria are generally accepted by architects and acousticians.6 TABLE IV Noise Levels That Barely Permit Reliable Conversation at Various Distances and a Normal Voice Level Distance Between Level of the Speaker and Listener Interferring Noise Feet dBA 1 75 2 70 3 66 4 64 5 62 6 60 10 56 20 50 F. Physiological Stress Reactions to Noise o Sudden unexpected bursts of noise will produce measurable physiological stress reactions, including changes in blood vessel diameter, cardio-vascular blood pressure and volume, heart rate, respiration rate, pupil size, sweat gland activity, endocrine gland excretions and other neural and body activities. These responses are sometimes designated 0 as "arousal" or "stress" reactions, and are difficult to distinguish physiologically from responses which occur in emotional states such as fear or anger.? o The body "adapts" to continued elicitation of the arousal response in a detrimental manner, establishing new basal levels of function rather than returning to pre-existing normal levels.8 o Chronic overstimulation of the arousal response could result in cardiovascular disease, hypertension, equilibrium disturbance, increased susceptibility to disease and in- creased rate of birth defects. 9,10,11 o The level of noise required to produce physiological, effects varies, but the threshold of stress response is at about 65 dBA and becomes pronounced at 80 to 85 dBA.12 G. Noise-Induced Hearing Loss o Exposure to sound levels of 75-85 dBA can cause a temp- orary threshold shift in hearing, with normal hearing acuity returning gradually after the noise ceases. For example, exposure to 85 dBA sound levels, continuously, for one hour can produce a 10 dB temporary hearing loss; while 75 dBA for 3 hours and 20 minutes can produce a similar 10 dB loss. If the conditions leading to temp- orary loss are repeated frequently enough over a period of years, some degree of permanent loss could result.4 o The higher the noise level, the shorter the period of time required to produce both temporary and permanent hearing loss:' The legally established federal maximum allowable unprotected noise levels for occupational exposures are as follows:13 16 TABLE V Occupational Noise Exposure Limits Duration per Day Sound Level Hours dBA 8 90 4 95 2 100 1 105 04 or less 115 o It is revealing to note that a recent 10-year survey showed that 30 percent of the workers exposed to noise levels within the federal limits experienced significant hearing 1oss.14 H. Summary of Human Effects Criteria o In summary then, limits for noise control can be based on one or several of the aforementioned criteria, depending on the goal desired. With respect to the effects of noise on people, these objectives can be arrayed as shown in the following table. --- TABLE VI Human Effects Criteria for Noise Control Noise Levels at Which Harmful Effects Begin Objectives to Occur, dBA Prevention of Hearing Loss 75 - 85 Prevention of Extra-Auditory 65 - 75 Physiological Effects Prevention of Speech Interference 50 - 60 Prevention of Interruption of Sleep 45 - 50 Satisfying Subjective Preferences 35 - 45 r 17 VII. Noise Levels Encountered in Orange County A. Results of Community Studies o The Orange County Health Department conducted community— wide surveys in three cities during 1971 and 1972. These surveys disclosed the following typical "residual" noise levels (background all-encompassing noise, excluding transient noises of brief duration): TABLE VII Residual Noise Levels, Orange County Communities Noise Level, dBA Night -Day Very quiet neighborhood, far from main traffic routes 35 45 Fairly quiet neighborhood, 45 55 some nearby major surface routes. Noisy neighborhoods, near 55 65 freeways or industries o The above-cited figures are for residual noise levels. Considerably higher levels occur intermittently from various sources. Some examples, based on our measurements, are as follows: 18 TABLE VIII Examples of Noise Levels from Common Urban Sources (Actual Measurements in Orange County) Average Noise Level, dBA Freeway Noise, 100' from traffic lane 70 - 75 500' from traffic lane 55 60 Aircraft Flyover Take-off, A4, 500' 94 Landing, F4, 500' 90 Municipal Tractors, operator's hearing zone 98 Refuse Truck, 5 ft 90 Compressors, 5 ft 90 Power Mowers, 5 ft 96 Residential Lawn Mower Motors, 5' 90 - 95 Air Conditioners, 10' 60 Passenger Car, 50' 75 Household Rock-n-Roll Band 108 - 114 Food Blender 76 Garbage Disposal 80 . Clothes Washer 78 Dish Washer 75 Vacuum Cleaner 75 r 19 B. Noise Levels Producing Complaints o The following noise sources and noise levels have been implicated in community complaints; TABLE IX Noise Sources and Noise Levels _ Producing Complaints (Measured at Conplainants ` Premises) Source Noise Level, dBA Motor Raceway, Oval Track 65 - 75 Railroad Refrigerated Car Compressors 68 Chemical Plant 55 Air Conditioner, Commercial Building 68 Pneumatic Impact Hammer 73 Public Address System 61 Oil Field Compressors 56 Home Air Conditioner 66 Commercial Air Conditioner 53 Car Wash 75 Home Air Conditioner 50 Woodworking Industry 45 Commercial Refrigeration System 56 Dog Kennel 40 - 50 Garden Grove-San Diego Freeway 55 - 75 Steam Plant (Seal Beach) 60 • r 20. VIII Features of the Proposed Ordinance A. It Would Establish Quantitative Noise Level Standards for Residential Properties o The exterior permissible daytime standard (6:00 A.M. - 11:00 P.M.) noise levels may not exceed: 55 dBA for more than 30 minutes in any hour, or 60 dBA for more than 15 minutes in any hour, or 65 dBA for more than 5 minutes in any hour, or 70 dBA for more than 1 minute in any hour, or 75 dBA for any period of time. o These limits would be reduced by 5 dBA for impact or simple tone noises or for noises consisting of speech or music. o The permissible nighttime (11:00 P.M. - 6:00 A.M. ) noise level on any residential property would be 5 dBA less than the daytime standard. o The interior noise levels when measured within dwellings during nighttime hours (11:00 P.M. - 6:00 A.M. ) shall not exceed: 45 dBA for more than 5 minutes in any hour, or 50 dBA for more than 1 minute in any hour, or 55 dBA for any period of time. o In the event the measured "ambient" (background) noise level exceeds the specified maximum levels, the ambient itself then would constitute the maximum permissible level. o The above numerical standards are derived from: 'o Noise measurement data compiled by the Health Department in three city-wide noise surveys (Fountain Valley, Costa Mesa, Seal Beach). The great majority of neighborhoods studied have ambient sound levels below the proposed 55 dBA day and 50 dBA night standards. o Human effects criteria for annoyance, sleep disturbance, physiological stress and speech interference developed by scientific studies and reported in the literature. (As summarized in Section VI above). ' r • • 21. o Measurements of noise levels implicated in actual comp- laint situations investigated by the Health Department (See Table IX) . The great majority of complaints were prompted by noise levels exceeding the proposed standards. o However, if the ordinance is enacted, it would be necessary to conduct noise surveys in the communities covered by the ordinance, so as to more accurately determine existing ambient noise levels and to establish more precise standards for each area. o The ordinance is designed so that future amendments, incor- porating such precise standards, could easily be added. B. The Ordinance Would Regulate All Common Noise Sources Over Which Local Government Has Jurisdiction, such as: o Air Conditioners o Rock music o Lawn mower engines o Woodworking equipment o Model airplane engines o Barking dogs o Testing of Engines (vehicle and aircraft) o Race Tracks (auto and motorcycle) o Swimming pool pumps o Construction equipment (at night) C. Some Noise Sources Would be Exempted From the Ordinance: o School bands and other school athletic events o Licensed ,outdoor gatherings o: Emergency vehicles and equipment o Construction work in daytime o Mobile agricultural equipment, daytime only 0 Agricultural equipment used for frost protection 22. 0 Any activity pre-empted by federal or State law (such as-motor vehicles on public roads, aircraft, etc. ) o Sand & Gravel operations, daytime only (for 10 years after enactment. of ordinance) o Existing air conditioners would be given an 8 dBA increase in the basic standard (for 5 years after enactment) D. Noise Which Unduly Disturbs or Interferes With Schools, Hospitals or Churches is Prohibited. E. Other Provisions o There would be a 90-day delay in enforcement of the ordinance, after its enactment, with regard to fixed noise sources. 0 Variances could be granted to a violator, extending the date of compliance, if warranted by economic, public interest and other considerations. o The Health Officer would be authorized to enforce the ordin- ance, including the right to issue citations to violators. F. In Addition to Control of Nuisance Noises, the Ordinance Could be Used as a Land Use Planning Tool, With the Noise Standards Being Applied in the Following [days: o To serve as guidelines in applying appropriate zoning to areas adjacent to residential neighborhoods. 0 To determine whether residential zoning should be applied to •land adjacent to known noise sources, such as freeways and factories. o To help establish precise development design criteria such as set-back distances of residences from noise sources and the design of sound barriers. o To serve as noise emission criteria for engineers designing freeways and factories in residential areas. G. If Enacted By The Board, It Is Hoped That Each City in Orange County Would Adopt a Similar Ordinance So As To Effect a Uniform County-wide Noise Control Program. REFERENCES 1 Fog, H. and Johnson, E. , Traffic Noise in Residential Areas, National Swedish Institute for Building Health, 1969, cited in Ref. 6, Supra. 2 Abey-Wichrama, I. et.a1. , "Mental Hospital Admissions---and- Aircraft Noise", The Lancet, December 13, 1969, pp 1275-1278. 3 Rodda, M. , "Noise", in Rose, J. (ed.), Technological Injury, New York, Gorden & Breach Science Publishers, 1969, pp 165-183. 4 Miller, James D. , The Effects of Noise on People, U.S. Environmental Protection Agency, NTID 300.7, Washington, D.C. , December 31, 1971. 5 Williams, Harold L. , "Auditory Stimulation, Sleep Loss and the EEG Stages of Sleep", in Welch, Bruck L. and Welch, Annemarie, Physiological Effects of Noise, Plenum Press, New York, 1970. 6 State of California, Department of Public Health, A Report to the 1971 Legislature on the Subject of Noise, Pursuant to Assembly Concurrent Resolution 165, 1970. 7 Kryter, Karl D. , "Non-Auditory Effects of Environmental Noise", American Journal of Public Health, Vol. 62, No. 3, March, 1972, pp 389-398. 8 Welch, Bruce L. and Welch, Annemarie, Physiological Effects of Noise, Plenum Press, New York, 1970. 9 Jensen, Marcus M. and Rasmussen, A.F. , "Audiogenic Stress and Suscep- tibility-to Infection", in Welch, Ref. 15, Supra. 10 Arguelles, A.E. , et.al. , "Endocrine and Metabolic Effects of Noise in Normal, Hypertensive and Psychotic Subjects", in Welch, Ref. 15, Supra. 11 Rosen, Samuel, "Noise, Hearing and Cardiovascular Function", in Welch, Ref. 15, Supra. 12 Jensen, G. , "Effects of Noise on Physiological State", Proceedings of _ Conference on Noise as a Public Health Hazard, American Speech and Hearing Association, Washington, D.C. , June, 1968. 13 Federal Register, Department of Labor, Occupational Safety and Health Administration, Title 29, Chapter XVII, Part 1910.95, Vol. 36, No: 105, Saturday, May 29, 1971. 14 Summer, M. Thomas, M.D. , "A Report on a Longitudinal Survey", National Safety News, September, 1969. 15 Hatfield, Senator Mark, 'Compilation of State and Local Ordinances on Noise Control, The Congressional Record, Vol. 115, No. 176, October 29, 1969, pp E9031-E9112. NOISE CONTROL ORDINANCE whole for residential purposes, other than transient uses COUNTY OF ORANGE such as hotels and motels. AN ORDINANCE ADDING DIVISION 6 TO TITLE 4 OF THE CODIFIED ORDINANCES OF THE COUNTY OF SIMPLETONE NOISE shall mean a noise characterized ORANGE, CALIFORNIA -by a predominant frequency or frequencies so that other The Board of Supervisors of the County of Orange, frequencies cannot be readily distinguished, do ordain as follows: SOUND LEVEL METER shall mean an instrument meeting SECTION 1, Division 6 is hereby added to Title 4 of American National Standard Institute's Standard S1. A-19.71 the Codified Ordinances of the County of Orange to read for Type 1 or Type 2 sound level meters or an instrument as follows: and the associated recording and analyzing equipment DIVISION 6 which will provide equivalent data. NOISE CONTROL SOUND PRESSURE LEVEL of a sound, in decibels, shall Article 1 mean twenty (20) times the logarithm to the base ten (10) Sec. 46.011. Declaration of Policy of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly In order to control unnecessary, excessive and stated, annoying sounds emanating from unincorporated areas of the Sec. 46,013. Noise Level Measurement Criteria. County, it is hereby declared to be the policy of the County to prohibit such sounds generated from all sources as Any noise level measurements made pursuant to the specified in this Article. provisions of this Article shall be performed using a sound level meter as defined in Section 46.012. It is determined that certain sound levels are -•-- •• - - - - detrimental to the public health, welfare and safety, and Sec. 46,014. Designated Noise Zones, contrary to public interest, The residential properties hereinafter described Sec. 46,012. Definitions, are hereby assigned to the following noise zones. The following words, phrases and terms as used in Noise Zone 1: All residential properties in the this Article shall have the meaning as indicated below: County of Orange, whether incorpo- AMBIENT NOISE LEVEL shall mean the all-encompassing rated or unincorporated. noise level associated with a given environment, being a Sec, 46,015. Exterior Noise Standards, (AMENDED composite of sounds from all sources, excluding the November 13, 1973) alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive The following noise standards, unless otherwise noise is to be made, specifically indicated, shall apply to all residential property within a designated noise zone. CUMULATIVE PERIOD shall mean an additive period of NOISE STANDARDS time composed of individual time segments which may be continuous or interrupted, NOISE ZONE NOISE LEVEL TIME PERIOD DECIBEL (dB) shall mean a unit which denotes the I 55 dB(A) 7:00 a.m. - 10:00 p.m. ratio between two (2) quantities which are proportional to 50 dB(A) 10:00 p.m. - 7:00 a,m. power the number of decibels corresponding to the ratio of two (2) amounts of power is ten (10) times the logarithm (b) It shall be unlawful for any person at any to the base ten (10) of this ratio. - location within the unincorporated area of the County to create any noise which causes the noise level when EMERGENCY MACHINERY, VEHICLE OR WORK shall mean any measured on any residential property, either incorporated machinery, vehicle or work used, employed or performed in or unincorporated, to exceed: an effort to protect provide or restore safe conditions in the community or for the citizenry, or work by private or (1) The noise standard fora cumulative period of public utilities when restoring utility service, more than thirty minutes in any hour; or FIXED NOISE SOURCE shall mean a stationary device (2) The noise standard plus 5 dB(A) for a cumula- which creates sounds while fixed or motionless, including tive period of more than fifteen minutes in but not limited to industrial and commercial machinery and any hour; or equipment, pumps, fans, compressors, generators, air (3) The noise standard plus 10 dB(A) for a cumula- conditioners and refrigeration equipment, tive period of more than five minutes in any IMPACT NOISE shall mean the noise produced by the hour; or collision of one mass in motion with a second mass which (4) The noise standard plus 15 dB(A) for a cumula- may be either in motion or at rest. tive period of more than one minute in any MOBILE NOISE SOURCE shall mean any noise source hour; or other than a fixed noise source. (5) The noise standard plus 20 dB(A) for any period NOISE LEVEL shall mean the "A" weighted sound pres- of time, sure level in decibels obtained by using a sound level (c) In the event the ambient noise level exceeds meter at slow response with a reference pressure of 20 any of the above five noise limit categories, the cumula- micronewtons per square meter. The unit of measurement tive period applicable to said category shall be increased shall be designated as dB(A), to reflect said ambient noise level. Furthermore, the PERSON shall mean a person, firm, association, co- maximum permissible noise level shall never exceed the partnership, joint venture, corporation or any entity, , maximum ambient noise level, r public or private in nature. (d) Each of the noise limits specified above shall RESIDENTIAL PROPERTY shall mean a parcel of real be reduced by 5 dB(A) for impact or simple tone noises, or property which is developed and used either in part or in for noises consisting of speech or music. DO'NOT REMOVE Sec, 46.016, Interior Noise Standard. (AMENDED Sec. 46.018. Schools, Hospitals and Churches - Special November 13, 1973) Provisions. (a) It shall be unlawful for any person at any lo- It shall be unlawful for any person to create any cation within the unincorporated area of the County to ere- noise which causes the noise level at any school, hospital aLe any noise which causes the noise level when measured or church while the same is in use, to exceed the noise within a dwelling unit on any residential property during limits as specified'in Section 46.015 prescribed for the the period 10:00 p.m. to 7,00 a.m, to exceed: assigned noise zone in which the school, hospital or church (1) 45 oS(A) for a cumulative period of more than 5 is-located, or which noise level unreasonably interferes minutes in any hour; or with the use of such institutions or which unreasonably disturbs or annoys patients in the hospital, provided (2) 50 dB(A) for a cumulative period of more than 1 conspicuous signs are displayed in three separate locations minute in any hour; or within one-tenth of a mile of the institution indicating (3) 55 dB(A) for any period of time, the presence of a school, church, or hospital, (b) In the event the ambient noises level exceeds Sec, 46.019. Air Conditioning and Refrigeration; Special any of the above three noise limit categories, the cumula- ' Provisions. (AMENDED November 13, 1973) tive period applicable to said category shall be increased During the five-year period following the effective to reflect said ambient noise level, Furthermore, the date of this ordinance, the noise standards enumerated in maximum permissible noise level shall never exceed the Sections 46.015 and 46.016 shall be increased 8 dB(A) where, maximum ambient noise level. the alleged offensive noise source is an air conditioning Seo. 16.017. Special Provisions, (AMENDED or refrigeration system or associated equipment which was November 13, 1973) installed prior'to the effective date of his ordinance. The following activities shall be exempted from the Sec, 46,0110, Noise Level Measurement provisions of this Article: The location selected for measuring exterior noise (a) School bands, school athletic and school enter- levels shall be at any point on the affected residential tainment events. property. In the case of interior noise measurement, the windows shall be closed and the measurements shall be made (b) Outdoor gatherings, public dances, shows and at a point at least four (4) feet from the wall, ceiling sporting and entertainment events provided said events or floor nearest the noise source, are conducted pursuant to a license issued by the County of Orange pursuant to Title 5 of the Codified Ordinances Sec. 46,0111, Manner of Enforcement. (AMENDED November 13, 1973) of the County of Orange. {u) Activities conducted on parks, public play- The Orange County Sheriff, the County Health Officer grounds and school grounds provided such parks, play- and their duly authorized representatives are directed to grounds and school grounds are owned and operated by a enforce the provisions of this Article, The Orange County public entity. Sheriff, the County Health Officer and their duly authorized representatives are authorized, pursuant to Penal Code (d) Any mechanical device, apparatus or equipment Section 836.5, to arrest any person without a warrant when used, related to or connected with emergency machinery, they have reasonable cause to believe that such person has vehicle or work. committed a misdemeanor in their presence, (e) Noise sources associated with construction, re- No person shall interfere with, oppose or resist any pair, remodeling, or grading of any real property, provided authorized person charged with the enforcement of this said activities do not take place between the hours of Article while such person is engaged in the performance of 8:00 p.m, and 7:00 a.m, on weekdays, including Saturday, his duty. or at any time on Sunday or a federal holiday. Sec, 46.0112, Variance Procedure. (AMENDED November 13, (f) All mechanical devices, apparatus or equipment 1973) which are utilized for the protection or salvage of agri- cultural crops during periods of potential or actual frost The owner or operator of a noise source which violates damage or other adverse weather conditions, any of the provisions of this Article mayfile-an application with the Health Officer fora variance frommthe provisions (9) Mobile noise sources associated with agricul- thereof wherein said owner or operator shall set forth all tural operations provided such operations do not take actions taken to comply with said provisions, the reasons place between the hours of 8:00 p.m, and 7:00 a.m. on why immediate compliance cannot be achieved, a proposed weekdays, including Saturday, or at any time on Sunday or method of achieving compliance, and a proposed time schedule a federal holiday. for its accomplishment. Said application shall be accom- (h) Mobile noise sources associated with agricul- panied by a fee in the amount of seventy-five dollars tur•al pest control through pesticide application provided ($75.00). A separate application shall be filed for each that the application is made in accordance with restricted noise source; provided, however, that several mobile material permits issued by or regulations enforced by the sources under common ownership, or several fixed sources on Agricultural Commissioner. a single property may be combined into one application. Upon receipt of said application and fee, the Health Officer (i) Noise sources associated with the maintenance shall refer it with his recommendation thereon within thirty of real property used for residential purposes, provided (30) days to the Noise Variance Board for action thereon said activities take place between the hours of 7.00 a.m, in accordance with the provisions of this Article, r and 8:00 p.m. on any day except Sunday, or between the hours of 9:00 a.m. and 8:00 p.m, on Sunday. An applicant fora variance shall remain subject to prosecution under the terms of this ordinance until a (1) Any activity to the extent regulation thereof variance is granted, has been preempted by State or federal law. 46.0113. Noise Variance Bo rd. (AMENDED with the Board of Supervisors written arguments supporting November 13, 1973� or attacking said decision and the Board may in its discre- There is hereby created a Noise Variance Board Lion hear oral arguments thereon. The Clerk of the Board consisting of five members. Two of the members shall be shall mail to the applicant a notice of the date set for professional engineers, registered in this State, one of hearing of the appeal. The notice shall be mailed at least whom shall have demonstrated knowledge and experience in ten days prior to the hearing date. the field of acoustics, the other shall be a registered Within siriy (60) days following its receipt of the mechanical engineer. One member shall be a physician notice of appeal the Board of Supervisors shall either licensed in this State qualified in the field of physic- affirm, modify or reverse the decision of the Variance looieal effects of noise; one a representative of busi- Board. Such decision shall be based upon the Board's ness and industry, and one a representative of the evaluation of the matters submitted to the Board in light general public. of the powers conferred on the Variance Board and the The Noise Variance Board shall evaluate all applica- factors to be considered, both as enumerated in Sections tions for variance from the requirements of this Article 46.0112 and 46.0113. and may grant said variances with respect to time for com- As part of its decision the Board may direct the pliance, subject to such terms, conditions and requirements Variance Board to conduct further proceedings on said as it may deem reasonable, to achieve maximum compliance application. Failure of the Board of Supervisors to affirm, with the provisions of this Article. Said terms, condi- modify or reverse the decision of the Variance Board within tions, and requirements may include, but shall not be said 60-day period shall constitute an affirmance of the limited to limitations on noise levels and operating decision. ' hours. Each such variance shall set forth in detail the approved method of achieving maximum compliance and a time Sec. 46.0115. Violations: Misdemeanors. (AMENDED November 13, 1973) schedule for its accomplishment. In its determinations Any person violating any of the provisions of this said Board shall consider the magnitude of nuisance caused Article shall be deemed guilty of a misdemeanor. Each day by the offensive noise; the uses of property within the such violation is committed or permitted to continue shall area of Impingement by the noise; the time factors related constitute a separate offense and shall be punishable as to study, design, financing and construction of remedial such. The provisions of this Article shall not be construed work; the economic factors related to age and useful life as permitting conduct not proscribed herein and shall not of equipment; and the general public Interest and welfare, affect the enforceability of any other applicable pro- Any variance granted by said Board shall be by resolution visions of law. and shall be transmitted to the Health Officer for enforce- SECTION 2. Section 46.0116 is hereby added to the Codi- ment. Any violation of the terms of said variance shall fied Ordinances of the County of Orange to read as follows: be unlawful. Sec. . 46.0116. Delay in Implementation. (ADDED Members of the Variance Board shall be appointed by, November 13,1973) and shall serve at the pleasure of, the Board of Supervisors, None of the provisions of this Article shall apply to Said Board shall adopt reasonable rules and regulations for a fixed noise source during the period commencing October 19, its own procedures in carrying out its functions under the 1973, and terminating ninety (90) days thereafter. provisions of this Article. SECTION 3. This Ordinance shall take effect end be In full . Three members shall constitute a quorum and at least force thirty (30) days from and after its passage, and be- three affirmative votes shall be required in support of fore the expiration of (I5) days after the passage thereof any action, shall be published once in the San Clemente Sun-Post, a newspaper published In the County of Orange, State of The Health Officer, or his appointed representative, California, together with the names of the members of the Board of Supervisors voting for and against the same. shall be a non-voting ex-officio member of the Variance RONALDBoard and shall act as Secretary of the Board. Chairman n CASPERS , Y Chairman of the Board of Supervisors of Meetings of the Noise Variance Board shall be held (SEAL) Orange County, California at the call of the Secretary and at such times and loca- ATTEST: tions as said Board shall determine. All such meetings WILLIAM E. ST JOHN _ shall be open to the public. County Clerk and ex-officio Clerk of the Board of Supervisors of Orange County, California See. 46.0114. Appeals. (AMENDED November 13, 1973) By JUNE ALEXANDER, Deputy STATE OF CALIFORNIA Within fifteen (15) days following the decision of COUNTY 1 $s. the Variance Board on an application the applicant, the 1, WILLIAM E. ST JOHN, County Clerk and ex-officio Health Officer, or any member of the Board of Supervisors, Clerk of the Board of Supervisors, do hereby certify that may appeal the decision to the Board of Supervisors by at a regular meeting of the Board of Supervisors of Orange filing a notice of appeal with the Secretary of the Vari- County, California, held on the 13th day of November, 1973, ance Board. In the case of an appeal by the applicant for the foregoing Ordinance containing three sections.was a variance the notice of appeal shall be accompanied by a passed and adopted by the following vote: fee to be computed b the Secretary on the basis of the AYES. SUPERVISORS R. W, BATTIN, RONALD W. CASPERS, mP Y Y DAVID L. BAKER,RALPH A. DIEDRICH estimated cost of preparing the materials required to be AND RALPH B. CLARK forwarded to the Board of Supervisors as discussed here- NOES: SUPERVISORS NONE after. If the actual cost of such preparation differs ABSENT: SUPERVISORS NONE from -the estimated cost appropriate payments shall be IN WITNESS WHEREOF, I have hereunto set may hand and affixed the official seal of the Board or Supervisors of made either to or by the Secretary, the County of Orange, State of California, this 13th day Within fifteen (15) days following receipt of a of November, 1973. r WILLIAM E. ST notice of appeal and the appeal fee the Secretary of the County Clark andnd ex-officio Clerk of the Board Variance Board shall forward to the Board of Supervisors of Supervisors of Orange County, California copies of the application for variance; the recommendation By JUNE ALEXANDER, Deputy of the Health Officer; the notice of appeal; all evidence (SEAL) concerning said application received by the Variance Board Publish San Clemente Sun-Post, November 23,•1973 and its decision thereon. In addition any person may file - DAILY PILQ)T 1/11/77 -5-' t" , Ulu imww oes Easter Week is no longer the short-term tenants. because the discussion was held mandates could be seen as in- phlet to be given voluntarily to who said he doubted such an or* headache it used tobeinNewport John Shea, president of the as- during the council's study terfefence with property rights. short-term tenants by real estate dinance would beusefuitopolice. Beach but residents of West sociation, explained that his session. Councilmen, however, "There is a question of the im- people and landlords. City Councilman Don MeTrud , Newport say summer - and members were asking for three,* indicated they would not be will- propriety of the city government The noise ordinance also met a resident oT West Newport, particularly the Fourth of July— things—an ordinance requiring ing to institute either of the laws involving itself in contractual resistance from councilmen agreed with Wynn and Glavas can be pretty miserable. that tenants be notified of city sought bythe association. agreements between private after City Manager Bob Wynn and suggested that alternate Representatives of the West laws when rental agreements are In the case of the rental agree- parties,"he explained. explained that a survey of cities means be explored for controll- Newport Beach Improvement signed; passage of a noise or- ments, City Attorney Dennis But councilmen said they using such ordinance shows it to ing party disturbances. Association appeared before the dinance, and "a change in O'Neil pointed out that historical- would be more than willing to be ineffective in controlling par Citingtheriotthatoccurrediast 'City Council Monday to ask for priorities" in police enforce- ly, the council has refused to take the points the association tydisturbances. July 4, McInnis suggested some help in "cooling down" ment. beedwe lwmlved in mandating wanted included in the rental His report was backed by - deploying all of the policedeparG summer hot spots created by No formal action was -taken rental agreements since such agreements and devise a pam- Police Chief B. 'James 0j'avas 4See3UMMEA,PageA2) - SUMMER . . . ment's manpower os Indepen- dence Day to handle problems that occur that day or using man- power from other departments. He noted that the decline of Easter Week in Newport Beach came about because of the at- titude of the residents. "People here made it clear they were sick and tired of that crap and would not put up with it. They backed the police in what they had to do, and maybe that's what's needed here,"he said. Glavas, who had been discuss ing police manpower before Milz nis spoke, added wryly, "I think this is an excellent time for me to ask for 30 more officers." In a more serious vein,Glavas warned that to put all of his man- power into West Newport or any other"hot spot"in the city would be to deprive other areas of police protection. `I don't think there will ever be the millenium when the police department can completely take the burden off citizens in solving theseproblems. "Residents who are disturbed (by problems caused by summer tenants) must come forward, they must complain and they, must be willing to testify in court." NEWPORTER 1/13/77 City Attempts to Solve Noi-se Wa i ByAliceRefidl adopted by the County, to the source of excessive noise. Take a yardstick and accurately Planning Commission. "For some reason,people outside measure the length of your car. Both the Commission and Chief Newport Beach think this is the Easy. But how do you accurately Glavas had studied the ordinance place to come and let their hair measure the noise that your car and recommended that the City down,"stated Shea."It is necessary emits? Hard. Council not adopt the County that the City make transient renters According to Newport Beach Chief regulation.Their primary concerns aware of our laws." i of Police James Glavas, you could were that the types of noise sources He referred to one law in par- use a decibel meter to measure the county-wide were not major ticular that reads, "no more than noisebutit won'tbe accurate,due to problems in Newport Beach and that four unrelated people," may rent a the instrument's sensitivity and public nuisance noises were already home. Shea feels too many people other things thathaveto betaken into controlled by the police department. bring on the nightly parties. consideration. The issue of noise control has been "As I see it the problem is three- Glavas spoke at the City Council's tackled several times over the past fold,"Shea continued."We've got to Monday afternoon study session in two years. But the West Newport let them know that 'these are the regards to a noise ordinance. Beach Improvement Association things we expect in this town and At the request of the West Newport wants some definite action taken by hope you understand."' Beach Improvement Association, the summer. Shea also made other recom- City Council is once again reviewing John Shea, president of the mendations to the Council- the proposed noise ordinance Association, also spoke at last "We need further legislation.The { GOOD DEAL OF NOISE ENFORCEMENT. Newport Beach Chief of Police written up in 1974. At that time Monday afternoon's Council session. police department measures and- James Glavas spoke at the City Council's Monday afternoon study session Newport Beach Advance Planning He directed his comments more prosecutes everything. Why can't regarding a noise ordinance.The police chlef-informed-city officials that the Administrator Tim Cowell specifically to Easter week vacation we measi¢e noise situation? department does a "good deal of aehe eofereemebt of which a gead deal is presented the proposed ordinance, and summertime activities, when "There is not enough law en- effective." which was very similar to the one transient renters are usually the Continued to Page 2 Noise... Continued from Page One forcemeat. Priorities during the Yle also stressed that neighbors summer should be directed in some may like the owner of the property way to the seven-day 24-hour so they don't call the police, not wanting to cause any trouble for visitor." them. Miles Larson,a property owner in According to Chief Glavas " West Newport,also had-a few things g We do to say. a good deal of noise enforcement and "It's hard to determine what a good deal of it is effective. But reasonable,noise is,"stated Larson. even under 100 percent enforcement ,,All loud noise should be made itwould be difficult to keep the noise probable cause for enforcement." down to an acceptable level in West "Especially during the Fourth of Newport." July celebration," Larson added. The City is going to try another He felt that particular holiday approach in solving the noise noise disruption should be enforced situation. by plainclothes men, otherwise Under the direction of City "how could we tell who shot off the Manager Bob Wynn, a pamphlet firecracker?" outlining related laws and stressing Larson was not only concerned the importance of maintaining a with the transient renter but felt peaceful environment within the city permanent tenants should be will-be published and distributed to blamed also. local realfors to pass on to transient "They don't care what kind of renters. noise they make because they know Is there a way of measuring they can't be evicted as long as they whether this will work or not?Hard. pay thereat:.. ` - - F t MEE QD ,l Y CHAPTER 10. 30 -DO'NOT RCMOVE NOISE CONTROL Sec 10 30 010 . Declaration of Policy. In order to control unnecessary , excessive and annoying noises , it is hereby declared to be the policy of the City of Newport Beach to prohibit such noises generated from all sources as specified in this Chapter. ' It is determined that certain sound levels are detrimental to the public health , welfare and safety , and contrary to public interest ; therefore , the City Council does ordain and declare that creating , maintaining , causing or allowing to create , maintain or cause any noise in a manner prohibited by , or not in conformity with , the provisions of this Chapter, is a public nuisance and shall be punishable as such . Sec. 10. 30. 015. Definitions . The following words , phrases and terms as used in this Chapter shall have the meaning as indicated below: AMBIENT NOISE LEVEL shall mean the all -encompassing noise level associated with a given environment , being a composite of sounds from all sources , excluding the alleged offensive noise , at the location and approximate time at which a comparison with the alleged offensive noise is to be made. CUMULATIVE PERIOD shall mean an additive period of time com- posed of individual time segments which may be continuous or inter- rupted . DECIBEL (dB) shall mean a unit which denotes the ratio between two (2) quantities which are proportional to power: the number of decibels corresponding to the ratio of two (2) amounts of power is ten (10 ) times the logarithm to the base ten (10) of this ratio . EMERGENCY MACHINERY , VEHICLE OR WORK shall mean any machinery, vehicle or work used , employed or performed in an effort to protect provide or restore safe conditions in the community or for the citizenry , or work by private or public utilities when restoring -1 - ,. , 1 utility service. FIXED NOISE SOURCE shall mean a stationary device .which creates sounds while fixed or motionless , including but not limited to industrial and commercial machinery and equipment , .pumps , fans , compressors , generators , air conditioners and refrigeration equipment. U ADING shall mean any excavating or filling of earth material - or any combination thereof conducted to prepare a site for construction or other improvements thereon . IMPACT NOISE shall mean the noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest . MOBILE NOISE SOURCE shall mean any noise source other than a fixed noise source. NOISE LEVEL shall mean the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micronewtons per square meter. The unit of measurement shall be designated as dB (A) . PERSON shall mean a person , firm, association , co-partnership , joint venture , corporation or any entity , public or private in nature . PUBLIC INSTITUTIONAL PROPERTY shall mean a parcel of real property which is used for public or private school , library, hospital , or church purposes . RESIDENTIAL PROPERTY shall mean a parcel of real property which is located in a residential zoning district or which is designated for exclusive residential use in the General Plan , any Specific Area Plan , or Planned Community District of the City of Newport Beach . The term " residential property" shall not include 1 ) residentially- developed parcels or residential units located in commercial , commercial - residential , or industrial zoning districts . SIMPLE TONE NOISE shall mean a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished. -2- hiu"• Y t SOUND LEVEL METER shall mean an instrument meeting_ American National Standard Insti-tute ' s 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. SOUND PRESSURE LEVEL of a sound , in decibels , shall mean twenty ( 20 ) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure , which reference pressure shall be explicitly stated . Sec. 10. 30. 020. Noise Level Measurement Criteria . Any noise level measurements made pursuant to the provisions of this Chapter shall be performed using a sound level meter as defined in Section 10. 30. 015. Sec 10 30. 025. Designated Noise Zones . The properties hereinafter described are hereby assigned to the following noise zones . Noise Zone 1 : All residential and public institutional properties as defined in Section 10. 30. 015 , in or adjacent to the City of Newport Beach . Sec. 10. 30. 030. Exterior Noise Standards . (a) The following noise standards , unless otherwise specifically indicated, shall apply to all property within a designated noise zone . NOISE STANDARDS NOISE ZONE NOISE LEVEL TIME PERIOD 1 55 dB (A) 7 :00 a.m. - 10 :00 p.m. 50 dB (A) 10 : 00 p. m. - - 7 : 00 a .m. (b ) It shall be unlawful for any person at any location within the City of Newport Beach to , create any noise , or to allow the creation of any noise on property owned , leased , occupied or otherwise controlled by such person , which causes the noise level when measured on any property , in a designated noise zone , to exceed : (1 ) The noise standard for a cumulative period of more than thirty minutes in any hour ; or (2 ) The noise standard plus 5 dB (A) for, a cumulative period of more than fifteen minutes in any hour ; or -3- ( 3 ) The noise standard plus 10 dB (A) for a cumulative period of more than five minutes in any hour; or (4) The noise standard plus 15 dB (A) for a cumulative period of more than one minute in any hour; or (5) The noise standard plus 20 dB (A) for any period of time. (c) In the event the ambient noise level exceeds any o•f the above five noise limit categories , the -cumulative period applicable to said category shall be increased to reflect said ambient noise level . Furthermore , the maximum permissible noise level shall never exceed the maximum ambient noise level . (d) Each of the noise limits specified above shall be reduced by 5dB (A) for impact or simple tone noises , or for noises consisting of speech or music. Sec. 10. 30. 035'. Interior Noise Standard. (a) It shall be unlawful for any person at any location within the City of Newport Beach to create any noise, or to allow the creation of any noise on property owned , leased , occupied or other- wise controlled by such person , which causes the noise level when measured within a dwelling unit on any residential property , as defined in Section 10. 30. 15 , during the period 10 :00 p .m. to 7 : 00 a. m. to exceed : (1 ) 45 dB (A) for a cumulative period of more than 5 minutes in any hour; or (2) 50 dB (A) for a cumulative period of more than 1 minute in any hour ; o•r (3) 55 dB (A) for any period of time. (b ) In the event the ambient noise level exceeds any of the above three noise limit categories , the cumulative period applicable to said category shall be increased to reflect said ambient noise level . Furthermore , the maximum permissible noise level shall never exceed the maximum ambient noise level . -4- Sec 10 30 040. Special Provisions . The following activities shall be exempted from the provisions of this Chapter: (a) School bands , school athletic and school entertainment events . (b ) Outdoor gatherings , public dances , shows and sporting and entertainment events provided said events are conducted pursuant to a permit issued by the City of Newport Beach , relative to the staging of such events . (c) Activities conducted on parks , public playgrounds and school grounds provided such parks , playgrounds and school grounds are owned and operated by a public entity. (d) Any mechanical device , apparatus or equipment used , related to or connected with emergency machinery , vehicle or work. (e) Noise sources associated with construction , repair , remodeling , or grading of any real property, provided said activities do not take place between the hours of 8: 00 p. m. and 7 : 00 a .m. on weekdays , including Saturday , or at any time on Sunday or a federal holiday. (f) Noise sources associated with the maintenance of real property used for residential purposes , provided said activities take place between the hours of 7 : 00 a . m. and 8 : 00 p .m. on any day except Sunday , or between the hours of 9 : 00 a.m. and 8:00 p .m. on Sunday. (g ) Any activity to the extent regulation thereof has been preempted by State or federal law. Sec 10. 30. 045. . Air Conditioning and Refrigeration ; Special Provisions . Until January 19 , 1979 , the noise standards enumerated in Sections 10. 30. 030 and 10. 30. 035 shall be increased 8 dB(A) where the alleged offensive noise source is an air conditioning or refrigeration system or associated equipment which was installed prior to the effective date of this ordinance. Sec . 10, 30. 050. Noise Level Measurement. The location selected for measuring exterior noise levels shall be at any point on the affected property. In the case of interior noise measurement , the windows shall be closed and the measurements -5- shall be made at a point at least four (4) feet from the wall , ceiling or floor nearest the noise source. Sec. 10. 30. 055. Variance Procedure . The owner or operator of a noise source which violates any of the provisions of this Chapter may file an application with the Director of Community Development for a variance from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with said provisions , the reasons why immediate compliance cannot be achieved , a proposed method of achieving compliance, and a proposed time 'schedule for its accomplishment. Said application shall be accompanied by a fee in the amount of seventy-five dollars ($75 . 00) . A separate application shall be filed for each noise source ; provided , however, that several mobile sources under common ownership , or several fixed sources on a single property may be combined into one application . Upon receipt of said application and fee , the Director of Community Development shall refer it with his recommendation thereon within thirty (30 ) days to the Planning Commission for action at either a regularly scheduled or special meeting of the Commission . The applicant and any persons involved in the original complaint of violation shall be notified , in writing , at least ten (10) days prior to the Planning Commission meeting at. which the variance request i.s heard. An applicant for a variance shall remain subject to prosecution under the terms of this ordinance until a variance is granted. The Planning Commission shall evaluate all applications for variance from the requirements of this Chapter and may grant said variances with respect to time for compliance , subject to such terms , conditions , and requirements as it may deem reasonable , to achieve maximum compliance with the provisions of this Chapter . Said terms , conditions , and requirements may include , but shall not be limited to limitations on noise levels and operating hours . Each such variance shall set forth in detail the approved method of achieving maximum compliance and a time schedule for its accomplishment. • In its -6- } determinations the Planning Commission shall consider the magnitude of nuisance caused by the offensive noise ; the uses of property within the area of impingement by the noise; the time factors related to study design , financing and construction of remedial work ; the economic factors related to age and useful life of equipment; and the general public interest and welfare . Any variance granted shall be by resolution and any violation of the terms of said variance shall be unlawful . Sec . 10. 30. 060. Appeals . Within twenty-one (21 ) days following the decision of the Planning Commission on an application , the applicant , other interested party , or any member of the City Council may appeal the decision to the City Council by filing a notice of appeal with the Director of Community Development. Within thirty (30) days following receipt of a notice of appeal the Director of Community Development shall forward to the City Council copies of the application for variance, the notice of appeal , and all evidence concerning said application received by the Planning Commission , and its decision thereon . In addition , any person may file with the City Council , written arguments supporting or attacking said decision and the City Council- may in its discretion hear oral arguments thereon . The applicant and any persons involved in the original complaint of violation shall be notified , in writing , at least ten (10) days prior to the meeting at which the appeal is heard . Within sixty (60) days following its receipt of the notice of appeal the City Council shall either affirm, modify or reverse the decision of the Planning Commission. Sec. 10. 30. 065. Relationship to Other Noise Regulations The provisions of this Chapter shall not be construed as permitting conduct not proscribed herein and shall not affect the enforceability of any other provisions of law relating to the control r of noise. Furthermore, wherever an apparent conflict cetween these provisions and any other noise regulations exists , the more stringent of the—nat-se regulations shall apply. -7- I I 1 t ROUTE SLIP � Date rvh i c o -o •r C Y t6 i•� rt1 C o � ve s Initials o •r E = m Y 4 > O Y U C wU N Q i-w K 2' Li Director ,ssist. Dir. Planning assist . Dir. - Building v . Plan Admin . Director' s COMMENTS : Cn . ��t���-/tee GSt�.a ,Q,c...•_ i T From CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER October 24, 1979 TO: ACTING COMMUNITY DEVELOPMENT DIRECTOR FROM: City Manager SUBJECT: NOISE MONITORING On November 26th during the study session, the staff will recycle the Police Department report on enforcement of automobile noise. At that time I would like to bring the Council current with noise monitoring capabilities of the Orange County Health Department. Several years ago they instituted a program, and I believe Community Development did a report on this program,where- by for a fee they monitored industrial noises. If you are unable to find the report,it would be appreciated if you would have a member of your staff contact the Health Department to determine the nature of their capabilities. �� ROBERv vT L. W NN °o r O� , 0 8 �FWc°?ryo�9>g� q<�B�ogoy 'S7 0 i 171 CITY OF NEWPOBT BEACH MEMORANDUM: From ROBERT L. WYNN, CITY MANAGER RICHARD HOGAN, COMMUNITY DEVELOPMENT DIRECTOR OCTOBER 2;% 76 TO...... ............................................................. , 19........ SUBJECT: CONSENT CALENDAR H-3(b) This has been referred to the Community Development Department for reply. Furthermore, the Council wishes to review a possible noise ordinance no later than January of 1977. Please submit to me for my review the latest regulations or ordinance that we reviewed when the Council decided not to adopt a noise ordinance. p C!G VED i puy 6,� ,P,oent Dopt. OCT 2 819760- 8 CnY OF NEWpOIT 9 Reply wanted ❑ Reply not necessary ❑ ti O By.. ...r./�fp ................... N-14 / r 4 BOARD OF DIRECTORS �K•=•�=-•' "'-"•"'�' ' Vat Foster President . John Shea ✓ " 127•351h Street G75.3927 2214 West Ocean Front 675.6917 7 Ocee Pitch Vice President . . . . Ernest Milares U 2 G t J l i� 358•62nd Street 548-6488 ' 3014 West Ocean Front 673-9529 Suzanne Rudd Treasurer . . . . . .William Jacoby 5301 River Avenue 645.2016 By -Ro c.,il'y O •ii its;}.. M1G4-G2nd Street 642.3999 Secretary . . . . . .Richard ClucasC'LeY ...... Margot Skitling ,: 5� ,��rr l�+>� ��+�+��t 4403 Seashore Drive 673-3762.3762 G610 West Ocean Front 642.3214 .,,G:Cy`����r,•���. ��-'�-ir—'��"`��y-A�.`�Sf,.,�...`"'"..",4_.'t,_ �` '_ �-�.r '�-••"'ice'/'�. „��,�""r•�O �— +,� _ _ "'-----•.�.nria�� ./"'_ ��w.w-,x�-�.�•wa. �-+eMiit, WEST IMEWPOtR7- BEACH Imp3rovement Association NEWPORT BEACH, CALIFORNIA October 11 , 1976 Newport Beach City Council 3300 Newport Boulevard . Newport Beach, California ' Subject: Noise Control Ordinance Gentlemen: This Association receives many complaints from members regarding the increasing noise problem throughout the West Newport area, occasioned by large overflow gatherings and electronic noise equipment. Needless to say, recurring nuisances of this type in -the neighborhood produce most of the same problems as were intendent in your consideration to close Smokey Stovers place in' the recent past. We have discovered in our discussions with staff members that current policies and procedures make any abatement difficult, lack immediacy, and tend to play neighbor against neighbor. We have come to understand that there does not now exist any ordinance affecting the level of noise in the areas of the community where people reside. In order to move towards a more desirable residential environment, and to assist in the control of potential riot situations before they reach riot level , we strongly urge that the Council give its immediate attention to the consideration of an ordinance which will set reasonable measurable limits of quiet and provide the police with the means and tools for enforcement of violations of those limits. For the Board of Direc o�s' � f pr Sincerely,X. t , ' .'i it y' 1•� � 11'` -` 'r•,t, ' ,+y =y l•!t_ ' 'cam £; John Shea :::fi:9ctat • .+ • : ,�� ..._r i'�+r-r -- �"- '• /.;President is/Pr s �EWIl�,1laoRr Department of Community Development ��<iFoaN�r DATE: January 10, 1977 TO: Robert Wynn , City Manager FROM: David Dmohowski , Senior Planner SUBJECT: Experience of Other Cities with Noise Ordinances . As per your request, the following information ' is provided : 1 . Orange County• Health Department Noise Abatement Program: Orange County cities with adopted noise ordi.nances based on the County Noise Ordinance may contract with the Health Department for- enforcement services . These services generally involve noise monitoring activities which require the use of electronic sound-measurement equipment and specially- trained personnel . Mr . Elwin Brickson of the Health Department has advised the City staff that no major problems--other than slight delays--have been encountered in providing such services to cities . Generally, the County can respond to a noise complaint requiring sound measurement within one day . . However, in rainy or windy conditions, no accurate measure- ments can be made . The following costs are charged to participating cities : $18 . 00 per hour when service is used. $20 .00 per month calibration fee for sound-measurement equipment. (Note : The County maintains $30 ,000 worth of sound equipment. ) Other cities contacted indicated that five to - ten complaints per year would require 'such measurement services . To date , virtually all noise problems handled by the County service have been resolved. TO: Robert Wynn. - 2 2 . Orange County Cities With Adopted Noise Ordinances : Cities Who Contract With Cities With County for Adopted Enforcement Noise Services Ordinances Anaheim (*Has unworkable Brea X* ordinance) Buena Park X X Costa Mesa Cypress X X ,Fountain Valley X X Fullerton X Garden Grove Huntington Beach Irvine X X Laguna Beach La Habra X X La Palma Orange X X Placentia X X San Clemente San Juan Capistano Santa Ana * * (Thinking of Seal Beach County) Tustin Villa Park X X Westminster Yorba Linda X X Stanton X X Unincorporated X X TO : Robert Wynn - 3 3 . Experience of Cities of Irvine and Fullerton : The City of Irvine has adopted an ordinance based on the Orange County Noise Ordinance, and contracts with the County Health Department for noise-measurement services . The Irvine noise ordinance is more restrictive than the County ordinance with respect to residential and industrial decibel noise limits . To date , the City of Irvine has processed only a few noise complaints under this program. The complaints received have related primarily to residential uses , such as noisy air-conditioning units . Irvine has encountered only minimal staff costs--in addition to County service fees--due to the low incidence of noise complaints subject to the noise ordinance . ' The Police Department retains authority for enforcing nuisance laws . The City of Fullerton has adopted its own noise ordinance , but does not contract with the County for noise services . Most complaints have to do with residential uses . Complaints relating to industry are most frequent where industrial uses abut a residential area . In terms of enforcement, Fullerton has relied on consultants for noise-measurement activities , and this has proven expensive ($300 per case) . Only five or• six incidents or complaints per year have required the services of a consultant under this program. 4 . Features of Orange County Noise Ordinance : Attached is a summary of the features of the Orange County Noise Ordinance for your information . &Ao" DD: jmb Attachment: Orange County Noise Ordinance Summary VIII Features of the Rroposed Ordinance A. It Would Establish Quantitative Poise Level Standards for Residential Properties o The exterior permissible daytime standard (6:00 A.M. - 11:00 P.M.) noise levels may not exceed: 55 dBA for more than 30 minutes in any hour, or 60 dBA for more than 15 minutes in any hour, or 65 dBA for more than 5 minutes in any hour, or 70 dBA for more than 1 minute in any hour, or 75 dBA for any period of time. o These limits would be reduced by 5 dBA for impact or simple tone noises or for noises consisting of speech or music. o The permissible nighttime (11:00 P.M. - 6:00 A.1g.) noise level on any residential property would be•5 dBA less than the daytime standard. o The interior noise Levels when measured within dwellings during nighttime hours (11:00 P.M, - 6:00 A.M.) shall not exceed: 45 dBA for more than 5 minutes in any hour, or 50 dBA for more than 1 minute in any hour, or 55 dBA for any period of time. o In the event the measured "ambient" (background) noise level exceeds the specified maximum levels, the ambient itself then would constitute the maximum permissible- level. o The above numerical standards are derived from: o Noise measurement data compiled by the Health Department in three city-wide noise surveys (Fountain Valley, Costa Mesa, Seal Beach) . The..great majority of neighborhoods studied have ambient sound levels below the Proposed 55 dBA day and 50 dBA night standards. o Human effects criteria for annoyance, sleep disturbance, physiological stress and speech interference developed by scientific studies and reported in the Literature.. (As summarized in Section VI above). c o Measurements of noise levels implicated in actual comp- laint situations investigated by the Health Department (See Table IX). The great majority of complaints were prompted by noise levels .excecding the proposed standards. o However, if the ordinance is enacted, it would be necessary to conduct noise surveys in the communities covered by the ordinance, so as to more accurately determine existing ambient noise levels and to establish more precise standards for each area. o The ordinance is designed so that future amendments, incor- porating such precise standards, could easily be added. B. The Ordinance Would Regulate All Common Noise Sources Over Which Local Government Has Jurisdiction, such as: o Air Conditioners o Rock music , o Lawn mower engines o Woodworking equipment o Model airplane engines . o Barking dogs o Testing of Engines (vehicle and aircraft) o Race Tracks (auto and motorcycle) o' Swimming pool punps o Construction equipment (at. night) C. ' Some -Noise Sources Would be Exempted From the Ordinance: o School bands and other •school. athletic evO-nts o Licensed outdoor gatherings O: Emergency vehicles and equipment o Construction work in daytime o Mbbile agricultural equipment, daytime only o Agricultural equipment used for frost protection t r o Any activity pre-empted by federal or State law (such as motor vehicles on public roads, aircraft, etc.) o Sand & Gravel operations, daytime 'only (for 10 years after enactment• o£ ordinance) o Existing air conditioners would be given an 8 dBA increase in the basic standard (for 5 years after enactment) D. Noise Which Unduly Disturbs or Interferes With Schools, Hospitals or Churches is Prohibited. E. . Other Provisions o There would be a 90-day delay in enforcement of the ordinance, after its enactment, with regard to fixed noise sources. o Variances could be granted to a violator,, extending the date of compliance, if warranted by economic, public interest and otheir considerations. o The Health Officer would be authorized to enforce the ordin- ance, including the right to issue citations to violators.• F. In Addition to Control• of Nuisance Noises, the Ordinance Could be Used as a Land Use Planning Tool, With the Noise Standards Being Applied in the Following Ways: o To serve as guidelines in applying appropriate zoning to areas adjacent to residential neighborhoods. o To determine whether residential zoning should be applied to -land adjacent to known noise sources,. 'such as freeways and factories. o To help establish precise development design criteria such as set-back distances of residences from noise sources and -the design of sound barriers. o To serve as noise emission criteria for engineers. ilesigning freeways and factories in residential areas. G. If Enacted By The Board, It Is Hoped That Each City in Orange County Would Adopt a Similar Ordinance So As To Effect a Uniform County-wide Noise Control Program. A i - aF,W Pol7j, Department of Community Development CI L DATE: November 23 , 1976 TO: R . V . Hogan , Director FROM: David Dmohowski , Senior Planner SUBJECT : Model Community Noise Ordinance ( Prepared by California Office of Noise Control ) The purpose of this memo is to review the proposed Model Community Noise Ordinance and provide for written comments to League of California Cities Environmental Quality Committee , as requested by Mayor' Dostal . The proposed ordinance can be evaluated from two perspectives : 1 ) from the standpoint of its effectiveness in establishing a generalized approach to community noise abatement, and 2) from the standpoint of its applicability to noise problems in Newport Beach . However, any written comments forwarded to the League of California Cities should probably concentrate on the overall effectiveness of the ordinance , rather than its strict applicability to Newport Beach . Contents of Model Community Noise Ordinance The Community Noise Ordinance is designed to establish a comprehensive noise abatement program for local agencies , and provides quantitative noise standards . Principal features of this abatement program include the following : ( 1 ) Designation of a Noise Control Officer (or establishment of a Noise Control Office) with powers enumerated to implement and enforce the ordinance . (2) Establishment' of enforcement procedures including inspections , issuance of citations , review of public and private projects , designation of noise zones and noise-sensitive areas , and interdepartmental coordination . ( 3) Establishment of interior and exterior noise-level standards for various types of land ,use, and designation of specific procedures for noise measurement and monitoring . (4) Establishment of variance and exemption procedures . General Evaluation of Model Noise Ordinance The proposed ordinance describes a comprehensive approach to community noise abatement which appears to be readily applicable to a wide range of local noise problems . The ordinance not only establishes TO: R . V . Hogan - 2 numerical n-oise limits but would institute also a permanent noise control program. Adoption by a local jurisdiction would mean initiating a regulatory function of some technical complexity and one with significant costs in terms of staff and equipment requirements . Given these constraints, it seems likely that local agencies might wish to consider adopting only a portion of such a program, depending on local conditions . With respect to noise standards contained in the model ordinance, the numerical limits (expressed in decibels ) are typical of those appearing in other model legislation and in the recent literature on this subject. The list of specific noise sources addressed in the ordinance seems extensive enough to allow abatement of most noise problems subject to local regulation . Applicability to Newport Beach At present, noise insulation standards for residential structures are administered in connection with the review of new developments . All other local noise problems are administered by the Police Department under the general nuisance provisions of the Municipal Code and the noise regulations of the California Vehicle Code . The model ordinance , if adopted by the City in its current form, would require a significant increase in commitment of staff and resources for noise regulation . The Community Development Department could be expected to assume a majority of the administrative and enforcement functions required by the model noise ordinance , since the quantitative standards are tied to various types of land uses and would serve to supplement conventional zoning regulations . Of course , the Police Department would probably be requested to continue responding to nuisance-type noise complaints , especially during the nighttime hours . The specific division of labor and assignment of enforcement responsibilities to various City departments needs to be carefully considered. Previously-Considered Noise Ordinance In 1974 , the City considered adopting a noise ordinance based on the Orange County Noise Ordinance . The Orange County ordinance contains standards similar to those of the Model Community Noise Ordinance but specifies administrative procedures in much less detail . At the August 29 , 1974 meeting , the Planning Commission considered the Orange County Noise Ordinance for possible adoption by the City and recommended that the matter be tabled for the following reasons : (1 ) The types of noise sources that the ordinance is directed to (noise created on private property and of a continuing nature such as industrial noise) are not major problems in Newport Beach , (2) The major noise sources -- aircraft and motor vehicles -- cannot be controlled directly by local ordinance , TO : R . V . Hogan - 3 ( 3) The public-nuisance type noises ( loud parties , etc . ) are currently being controlled by the Police Department under existing regulations . The City Council received the Planning Commission ' s report and ordered it filed . Thus , we currently have a noise ordinance , which is very similar to the model ordinance , on the table at the Planning Commission level . A draft of a proposed response to. the model ordinance addressed to the League of California Cities is attached . 4 DD : jmb Att: Letter to League of California Cities o e CITY OF NEWPORT BEACH u i CALIFORNIA sZsss c�411:0 �r City Hall 3300 Newport Blvd. (914)'640-2261 November 23r„ 1976 Environmental Quality Committee League of California Cities 1108 "0" Street Sacramento , CA 95814 RE : Model Community Noise Ordinance Gentlemen : This department has reviewed the proposed Model Community Noise Ordinance prepared by the California Office of Noise Control . A number of general comments are offered for your consideration . Overall , the model ordinance appears to provide a fairly comprehensive program of noise regulation capable of dealing with most noise problems subject to local control . Considerable attention is given to the adminis- trative requirements of such a program. The quantitative noise standards proposed seem reasonable , although a strict technical evaluation was not attempted . Nevertheless , there are a number of potential problems associated with the approach described in the ordinance . In terms of fiscal impact , the ordinance calls for a program which could require significant local expenditures for staff, training, and equipment . Since the control of two major sources of community noise -- motor vehicles and aircraft -- is preempted by state and federal regulations , local jurisdictions may question the cost-effectiveness of such a program. In terms of administration and enforcement, the provisions of the model ordinance could impose an unreasonable burden on the local police department . The police department currently is charged with enforcing general nuisance laws (which cover a significant portion of local noise complaints ) and presumably under the model ordinance would assume additional responsibility. The quantitative nature of the proposed noise standards could complicate enforcement procedures and interfere with the performance of other necessary police functions . ' Environmental Quality Committee Page Two November 3 , 1976 The above commentary should not be taken to deny the general usefulness of the Model Community Noise Ordinance , especially those sections dealing with standards . Given a commitment to noise abatement on the part of the local jurisdiction , the model ordinance could be adapted to the specific needs of the community. Respectfully submitted , COMMUNITY DEVELOPMENT DEPARTMENT R. V . Hogan , Director RVH : jmb ,4 CJ'LPY OF NEWPORRT BEACH ` CALIFORNIA 92660 �ClFORN�P City Hall 3300 Newport Blvd. (714)(0 2119 November 9 , 1976 640-2261 Mr . John Shea , President West Newport Beach Improvement Association 2214 West Ocean Front Newport Beach , CA 92663 Dear Mr. Shea : The City Council has asked staff to respond to your letter of October 11 , 1976 , addressed to the Newport Beach City Council , which expressed the need for a noise control ordinance . In 1974, the Planning Commission considered the Orange County Noise Ordinance for possible adoption by the City and recommended to the City Council that the ordinance not be adopted , for the following reasons : ( 1 ) The types of noise sources that the ordinance was directed to (noise created on private property and noise of a continuing nature such as industrial noise) are not considered major problems in the City overall ; (2 ) The major noise sources--aircraft and motor vehicles-- cannot be controlled directly by local ordinance . ( Control of these sources is pre-empted by federal and state regulations . ) ; (3) The public-nuisance type noises ( loud parties , etc . ) are currently being controlled by the Police Department under existing regulations . The City Council received the Planning Commission ' s report, together with a memo from the Chief of Police on this matter, and ordered the noise ordinance dropped from further consideration . As a result of new information and recent developments in this field , the City Council will again consider the matter of a local noise ordinance , probably during the month of January , 1977 . The Community Development Department staff III A Mr . John Shea , President Page Two November 9 , 1976 is currently reviewing a draft of the Model Community Noise Ordinance prepared by the California Office of Noise Control . This ordinance , with certain modifications , may prove applicable to noise problems in Newport Beach , such as identified in your letter. Thank you for your comments . We will inform you prior to the City Council ' s consideration of a noise control ordinance . Yours very truly, COMMUNITY DEVELOPMENT DEPARTMENT R. V . Hogan , Director By &/-4Z&�- David Dmohowski Senior Planner DD : jmb aEWWPpR e Department of Community Development CgCI FO RNA' DATE: November 23, 1976 TO: Robert Wynn , City Manager FROM: David Dmohowski , Senior Planner SUBJECT: Noise Ordinance In response to your request for information regarding the City ' s previous consideration of a noise ordinance , the following material is provided : (1 ) City Council staff report (dated September 23, 1974) dealing with Planning Commission recommendation on the possible adoption by the City of the Orange County Noise Ordinance , with a copy of the revised noise ordinance and a memo from Chief Glavas attached . (2) Planning Commission staff report (dated May 8, 1974) discussing regulatory provisions of the Orange County Noise Ordinance and alternative means of implementation . The Community Development Department staff has been requested by Mayor Dostal to review the Model Community Noise Ordinance prepared by the California Office of Noise Control and prepare a written response for submittal to the League of Cities Environmental Quality Committee . Attached is a copy of a memo to Dick Hogan on this subject and a proposed response to the League of Cities . Also attached is the staff' s response to a letter from John Shea ( President , West Newport Improvement Association) regarding possible adoption /of a�noise ordinance by the City . DD: jmb Attachments : 1 ) City Council Staff Report dated .September 23., 1974 . 2) Planning Commission Staff Report dated May 8 , 1974. 3) Staff Memo to R . V . Hogan . 4) Letter to John Shea . • City Council Meetg September 30 , 1974 Agenda Item No . H-7( a) CITY OF NEWPORT BEACH September 23 , 1974 TO: City Council FROM: Department of Community Development SUBJECT: Noise Ordinance At the August 29 , 1974 Planning Commission meeting , the Commission tabled consideration of the proposed Noise Ordinance. Attached are copies of the relevant pages of the Planning Commission minutes , a copy of the memo from Chief Glavas -to the Planning Commissioh , and a copes rP ac rosj-&exed by_ the Planning Commission . (The proposed Noise Ordinance is , essentially the same as the Orange County Noise Ordinance . ) The Planning Commission , in general , expressed the following concerns with the proposed Noise Ordinance : 1 ) The types of noise sources that the proposed Ordinance is primarily directed to • (noise created on private property and of a continuing nature , -such as industrial operations ) are not major problems in Newport Beach , and 2) The major noise sources are aircraft and motor vehicles which cannot be controlled directly by local ordinance , and 3) The public nuisance noises (loud parties , etc. ) are currently being controlled by the Police Department under existing. regulations . Respectfully submitted , COMMUNITY DEVELOPMENT DEPARTMENT FILE COPY R. V . Hogan, Director DO NOT REMOVE By T ' m owell TC: jmb Advance P anning Administrator Att. e-OMMISSIONERS • CITY OF NEWPORT VJACH m MINUTES � Z A P N ROLL CALL August 29 , 7974 INDEX seriousness or meaning , he could read into it \ that someone may cite this as proof at a later date that this is factual information . Commissioner Beckley stated that he does not believe the conclusion and that he believes ` the techniques used in the appriasal but not t•he reasons for them. Commissioner Beckley stated that he does not support this portion of th•e element . % Motion x .Motion that the Planning Commission adopt All Ayes solution 895 recommending to City/'Council Absent x the adoption of the Noise Element and the acce ante of EIR/NB 74-047 , w:i-th the following revisi 31 to the element: 1 . Page\3" Proposal No,z 1 , add the following sentence'. " It is recognized that revisions to the CAC equirements will be necessary to assure re otfability and practicability in their appy tion to single-family residential deve pment. " i 2. Page 39 , Proposal No. 3 , replace with the foil. ing : "Consider e• adoption of a lot 1 noise control ordi nce. " , an to admonish the authors of t'h•e study p epared by Mawhinney and Long with a finding *that the Mawhinney and Long report is-,`suspect for some -of the reasons earlier mention, d in Commissioner Beckley ' s statement. Commissioner Seely requested that his voting for the element not be interpreted as 'a full hearted endorsement of all the conclusions of the Mawhinney and Long report or of certain of the specifics of the Orange County Airport `%� Policy which he agrees with the purpose • but thinks some of the specific objectives are rather inflexible. . --- - -- •- - -- .. .__ . . •Item #6 Proposal to amend the Newport Beach Municipal Noise Code by the adoption of a Noise Ordinance Ordinanc ( Continued Public Hearing ) . Tabled Initiated: The City of Newport Beach Community Development Director Hogan stated that the Commission has already considered this -9- 1COMMISSIONERS • CITY OP NEWPORT #ACH • 'v� nD m P mf m MINUTES r 1 Y ROLL CALL August 29 , 1974 INDEX Ordinance to some extent and has directed that- it be brought back to them at the time the Commission considered the Noise Element. Advance Planning Administrator Cowell appeared before the Planning Commission and answered questions of the Commission relating to the fact that the proposed Ordinance is basically the Ordinance that was adopted by the County , and : that the County hopes that all cities will adopt such an Ordinance resulting in County-wide uniformity. Community Development Director Hogan advised the Commission that the City is not plagued with the kinds of operations that create noises of the type that this Ordinance is specifically designed to control an'd that most of the noises the City. has complaints about are those that are made by' people in their every day activities , i . e. , loud stereos , parties , etc . Mr. Hogan further advised that the staff has no findings but perhaps the Planning Commission has some examples of noise sources that really should be controlled and would be effectively controlled by this Ordinance. He stated that the staff does not have the kind of evidence to enthusiastically support• the Ordinance for that purpose. Planning Commission discussed that an individual cannot tell whether the levels that are proposed would not in actuality eliminate the kinds of noises that we tolerate or make them illegal . Chief Glavas appeared before the Planning Commission and stated that he feels that this Planning Commission as well as former Planning Commissions have done an admirable- job insofar as keeping noisier areas from quieter ones . He then urged the Commission to "go slow" in an Ordinance whereby they adopt objective standards that may , in fact , ,inhibit doing a job for the people of this community in terms of eliminating objectionable noise. He stated that for six years; the Police Department has been attempting to get realistic decibel noise level ratings adopted by the California Highway Patrol and that they still find that despite some reduction , the decibels permitted by the California Vehicle Code , adopted by the California Highway Patrol are -10- 'COMMISSIONERS CITY Of NEWPORT OACH MINUTES ROLL CALL m a ° August 29, 1974 INDEX still in the terms of• most people too high . He stated that the Police Department has attempted to go out on the roadway and test under very exacting conditions and they find that very few vehicles exceed the .decibel limit placed by the Vehicle Code . He pointed out that he feels the Police Department has been rather successful in stopping and eliminating those normal sources of noise which are found most objectionable in this community . He further stated that Newport Beach has a 1•imited amount of industry , a great amount of residential , and a considerable amount of commercial . - He informed the Commission that the residential noise is generally from the residential occupants of the area and that he feels the Police Department has been reasonably successful in dealing with this . He stated that the Police Department deals with noise on a rather subjective basis , i . e:.; if neighbors complain . and find it objectionable and the Police Department finds that a substantial number of people in the area are disturbed , that is sufficient for the Police Department to act upon . He stated that once an Ordinance of this type is adopted, if the Police Department tries to proceed subjectively , he is sure that the courts will very shortly begin to question their subjective evaluations and suggest that as long as they have adopted objective standards , they should provide the court with the information relative to exceeding the objective standards . He then stated that this can be a very irksome and •trying process because the testing process using a decibel meter has to be dealt v�ith in a court .in terms of whdre it was placed , what obstructions , shrubbery , and the surrounding areas are relative to the use of the decibel meter. Fie informed the Commission that it isn ' t simply a matter of putting the decibel meter down and getting a reading . lie stated that he made inquiry of the City of Ingle- wood , who adopted a very similar Noise Ordinance which gave authority to a department similar to the Newport Beach Community Development Department and did supply the supervising members of the Inglewood Police Department with decibel meters . lie stated that he was told they are not using the decibel meters and they are referring all noise complaints to the- Planning Agency , and , therefore , the City is getting referrals instead of action in response to their noise complaints . He then read a report from P . Patrick Mann , Environmental Standards Supervisor, regarding -11 - COMMISSIONERS CITY OF NEWPORT WCH CP m < MINUTES T 9 3 p ROLL CALL August 29 , 1974 INDEX � a summary of Noise Ordinance enforcement information . He then stated that he wonders if it is necessary to add additional personnel to do a job that is presently handled in a satisfactory manner with existing• personnel . He stated that if there is an overriding need in the minds of the Commission , that they give some serious consideration to looking at the Ordinance again in terms of perhaps dividing the enforcement responsibilities and eliminating the decibels of noise as an objective criteria for neighborhood noise that needs more immediate attention than coming out with a decibel meter. He then answered questions of the Commission pertaining to the amount of noise complaints received in a month and discussed the Criminal Abatement Process with the Commission . Public hearing was opened in connection with this matter and there being no one desiring to appear and be heard , the public hearing was closed. Motion x Following discussion , motion .to table consideratio of the Noise Ordinance. Commissioner Seely stated that if this motion is approved , it might be appropriate for the staff to communicate this action to the Orange County Health Department and perhaps leave the door open for them to advise the Commission of the experiences , if any, that other cities may' have that might make the Commission want to reconsider the Ordinance at some future time . Commissioner Parker stated that there apparently is no demonstrable noise problem in Newport [leach that this proposed Ordinance addresses itself to , and in his view this proposed Ordinance does not control , or attempt to control , the major sources of noise , i . e . , helicopter and airplane overflight and traffic noise. He stated that it will definitely complicate enforcement problems and if anything , has a tendency to perhaps encourage noise problems over and above what the City has now due to failure to enforce under this Ordinance. He stated that in his view it tends to once again expose the City to further outside governmental control over our own affairs by the County. Commissioner Beckley stated that he does not believe the proposed noise standards or the -12- COMMISSIONERS CITY OF NEWPORT KIACH MINUTES r m 2 A A August 29 , 1974 ROIL CALL INDEX effect of the proposed standards is well enough understood to consider them as valid . Motion x Motiod to table consideration of the Noise All Ayes Ordinance . Absent ADDITIONAL BUSINESS -- Item #7 Proposal of M. J . Brock and Sons to modify the street and lot, design within a portion of Proposal Tentative Tract 7967 in Jasmine Creek so as to to-'modify permit the construction of one-story dwellings the where split-level home's would otherwise be / street required . and lot design Community Development Director Hogan stated Xhat within a some of the Commissioners saw this particular portion o request at .their Study Session of the last Tentative meeting. He then stated that this is aa• request Tract \essentia eveloper to approve a modification 7967 the- tentative map which does not,. "substantially e tentative map and , subsequently , Approved included at the time toes submit the He clarified that this/proposal is lly the opening of spine of those streets which are presently closed and in cul -de-sacs James Hewicker,,,Assistant Director - Planning , showed the Planni•t3g ,Commission on the map the three cul -de-sacs `kf'iat would be removed. He stated that this ;•pro osal is to eliminate the area which was Vn the ul -de-sac and bring the streets throu.g�i so that they tie into the loop collector. /ife then state that from a Public Works and Fire standpoint , \ne n that is proposed.:is far superior toich was originally considered underative map. fie further stated that the is in the cul =de-sacs would be used t the lot they have now and in so enle lot, would tie able to get a single-ston on the larger parcel where they hait- vel home on a smaller parcel . He informed the Commission that there is no increase in tR'� � number of lots and no increase in ridge he,�t: Community Development Director Hogan explained that the staff ' s major concern in examining this proposal was to make sure the developer did not in any way encroach into those ridge height lines that were approved by the Planning -13- CITY OF NEWPORT BEACH POLICE DEPARTMENT July 12, 1974 TO: 'rim Cowell, Advance Planning Administrator FROM: Chief of Police SUBJECT: NOISE ORDINANCE I have read with interest the proposed noise ordinance which I understand is essentially the same as one adopted by the County of Orange.. (tile I recognize the desirability of im- proving our environment and living conditions in all possible respects I have some misgivings as to this being a suitable vehicle for such improvement. My concerns in the main• are those of an operational or practical nature. Under present conditions the Police Department receives practi- cally all complaints relative to excessive noise or annoying noise. Officers are dispatched, contact the complainant and assess the situation in its totality. The hour of the day, the level of noise, the degree of aggravation, and the potential for citizen discomfort are all considered. Admittedly, their evaluation is subjective but subjective evaluations may be more satisfying to a resident who is disturbed by a barking dog or a loud stereo or even a swimming pool pump. Following an officer' s evaluation he will ordinarily advise the parties that (a) the level of noise is not in his opinion objec- tionable or (b) it is objectionable and must be stopped under authority of Section 415 o_E the Penal Code. If the noise con- tinues the officer may arrest. Section 415 reads as follows: 11415. Disturbingbs he the Peace. Every person who maliciously and willfully distur t peace or quiet of any neighborhood or person, by loud or unusual noise, or by tumultuous or offensive conduct, or threatening, traducing, quarreling, challenging to fight, .or fighting, or who, on the public streets or any unin- • corporated town, or upon the public highways in such unincorpor- ated town, run any horse race, either for a wager or for amuse- ment, or fire any gun or pistol in such unincorporated town, or use any vulgar, profane, or indecent language, within the presence or hearing of women or children, in a loud and boisterous manner is guilty of a misdemeanor, and upon conviction by any court of competent jurisdiction, shall be punished by fine not exceeding two hundred dollars , or by imprisonment in the county jail for not more than ninety days, or both fine and imprisonment, or either, at the discretion of the Court. " To: Tim Cowell, Advance Planning Administrator July 12, 1974 Page 2 You may note that Section 415 gives sufficient latitude for judgment and does place a burden of discretion on the officer. If the. noise ordinance is adopted we will be establishing an objective standard of noise which may preempt the officer's judgment and rob the citizen of immediate relief from the annoyance. Another feature of the ordinance which I question is placing enforcement authority in the County Health Department or the Community Development Department. This is a diversion of res- ponsibility that I find irrational. The Police Department being the recipient of complaints would be referring such complaints to another agency who would be forced to staff and train personnel -for a 24-hour seven day a week operation. Further than this, how will we divide the rbsponsibility? Which agency will be given which kind of noise complaints? Nothing in the ordinance suggests that the Police Department would handle any noise violations. es Glavas C Mn hief of Police CHAPTER 10. 30 NOISE CONTROL Sec . 10 . 30. 010. Declaration of Policy. In order to control unnecessary , excessive and annoying noises , it is hereby declared to be the policy of the City of Newport Beach to prohibit such hoises generated from all sources as specified in this Chapter. It is determined that certain sound levels are detrimental to the public health , welfare and safety, and contrary to public interest ; therefore , the City Council does ordain and declare that creating , maintaining , causing or allowing to create , maintain or cause any noise in a manner prohibited by , or not in conformity with , the provisions of this Chapter , is a public n.uisande and shall be punishable as such. Sec. 10. 30. 015. ' .Definitions . The following words , 'phrases and terms as used 'in this Chapter shall have the meaning as indicated below: AMBIENT NOISE LEVEL shall mean the all -encompassing noise level associated with a given environment , being a composite of sounds from all sources , excluding the alleged offensive noise , at the location and approximate time at which a comparison with the alleged offensive noise is to be made. CUMULATIVE PERIOD shall mean an additive period of time com- posed of individual time segments which may be continuous or inter- rupted. r DECIBEL (dB ) shall mean a unit which denotes the ratio between two (2) quantities which are proportional to power: the number of decibels corresponding to the ratio of two (2) amounts of power is ten ( 10 ) times the logarithm to the base ten ( 10) of this ratio. LMLRGLNCY MACHINERY , VEHICLE OR WORK shall mean any machinery , vehicle or work used , employed or performed in an effort to protect provide or rr:si.ore sate conditions in the community or for the citizenry , or work by private or public utilities when restoring - I - utility servico • FIXED NOISE SOURCE shall mean a stationary device which creates sounds while fixed or motionless , including but not limited to industrial and commercial machinery and equipment , pumps , fans , compressors , yenerdtors , air conditioners and refrigeration equipment . GRADING ,hall mean any. excavating or filling of earth material or any combination thereof conducted to prepare a site for construction or other iinprovements thereon . IMPACT NOISE shall mean the noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest. MOBILE NOISE SOURCE shall mean any noise source other than a fixed noise source. NOISE LEVEL shall mean the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micronewtons per square meter. The unit of measurement shall be designated as dB (A) . PERSON shall mean a person , firm, association , co-partnership , joint venture, corporation or any entity, public or private in nature . PUBLIC INSTITUTIONAL PROPERTY shall mean a parcel of real property which is used for public or private school , library, hospital , or church purposes . RESIDENTIAL PROPERTY shall mean a parcel of real property which is located in a residential . zoning district or which is designated for exclusive residential use in the General Plan , any Specific Area Plan , or Planned Community District of the City of Newport Beach . The term " residential property" shall not include 1 ) residentially- developed parcels or residential units located in commercial , commercial - residential , or industrial zoning districts . .`SIMPLE TONI: NOISE shall mean d noise characterized by a prodominant fri:quency or frequencies so that other frequencies cannot be re-ir1ily distinguished. -2- SOUND LEVEL METER shall mean an instrument meeting American National Standard ' Institute ' s 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. SOUND PRESSURE LEVEL of' a sound , in decibels , shall mean twenty (20 ) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure , which reference pressure shall be explicitly stated . Sec. 10. 30. 020. Noise Level Measurement Criteria . Any noise level measurements made pursuant to the provisions of this Chapter shall be performed using a sound level meter as defined in Section 10. 30. 015. Sec. 10. 30. 025. Designated Noise Zones . The properties hereinafter described are hereby assigned to the following noise zones . Noise Zone 1 : All residential and public institutional properties as defined in Section 10. 30. 015 , in or adjacent to the City of Newport Beach . Sec. 10. 30. 030. Exterior Noise Standards . ( a ) The following noise standards , unless otherwise specifically indicated , shall apply to all property within a designated noise zone. NOISE STANDARDS NOISE ZONE. NOISE LEVEL TIME PERIOD 1 55 dB(A) 7 : 00 a .m. - 10: 00 p.m. 50 dB (A) 10: 00 p.m. - 7 :00 a.m. (b ) It shall be unlawful for any person at any location within the City of Newport Beach to , create any noise , or to allow the creation of any noise on property owned , leased , occupied or otherwise controlled by such person , which causes the noise level when measured on any property , in a designated noise zone , to exceed : ( 1 ) The noise standard for a cumulative period of more than thirty minutes in any hour ; or ( 2 ) The noise standard plus ' 5 dB (A) for a cumulative period of more than fifteen minutes in any hour ; or - 3- ( 3 ) The noise standard plus 10 dB (A) for a cumulative period of more than five minutes in any hour; or (4 ) The noise standard plus 15 dB(A) for a cumulative period of more than one 'minute in• any hour; or the noi ,,c: standard plus 20 dB (A) for any period of time . (c ) In the event the ambient noise level exceeds any of the above five_ noise limit categories , the cumulative period applicable to said category shall be increased to reflect said ambient noise level . Furthermore , the maximum permissible noise level shall never bxcbed the maximum ambient noise level . ( d ) Each of the noise limits specified above shall be reduced by 5dB(A ) for impact or simple tone noises , or for noises consisting Of speech' or music. Sec. 10. 30.'0'35. Interior Noise Standard. ' ( a) ' It shall be unlawful for any person , at any location within the City of Newport Beach to create any noise, or to allow the creation of any noise on property owned , leased , occupied or other- wise controlled by such person , which causes the noise level when measured within a dwelling unit on any residential property , as defined in Section 10. 30. 15 , during the period 10: 00 p.m. to 7: 00 a. m. to exceed: ( 1 ) 45 dB(A) for a cumulative period of more than 5 minutes in any hour ; or (2) 50 dB (A) for a cumulative period of more than i minute in any hour ; or ( 3 ) 55 dB (A) for any period of time. (b ) In the event the ambient noise level exceeds any of the above three noise limit categories , the cumulative period applicable to said category shall be increased to reflect said ambient noise level . Furthermore , the maximum permissible noise level shall never exceed the maximum ambient noise level . -4- Y . Sec . 10 . 30. 040. S .ial Provisions.. • The following activities shall be exempted from the provisions of this Chapter: (a ) School bands , school athletic and school entertainment events . (b ) Outdoor gatherings , public dances , shows and sporting and entertainment events provided. said events are conducted pursuant to a permit issued by the City of Newport Beach , relative to the staging of such events . (c ) Activities conducted on parks , public playgrounds and school grounds provided such parks , playgrounds and school grounds are owned and operated by a public entity. (d ) Any mechanical device , apparatus or equipment used , related to or connected with emergency machinery , vehicle or work. (e ) Noise sources associated with construction , repair , remodeling , or grading of any real property, provided said activities do not take place between the hours of 8: 00 p. m. and 7 :00 a .m. on weekdays , including Saturday , or at any time on ' Sunday or a federal holiday. (f) Noise sources associated with the maintenance of real property used for residential purposes , provided said activities take place between the hours of 7 : 00 a . m. and 8: 00 p.m. on any day except Sunday , or between the hours of 9 :00 a. m. and 8: 00 p .m. on Sunday. (g ) Any activity to the extent regulation thereof has been preempted by State or federal law. Sec. 10. 30. 045 . Air Conditioning and Refrigeration ; Special Provisions . Until January 19 , 1979 , the noise standards enumerated in Sections 10. 30. 030 and 10. 30. 035 shall be increased 8 dB(A) where the alleged offensive noise source is an air conditioning or refrigeration •.ystem or dSSOCiated equipment which was installed prior to the effective date of this ordinance . Sec .�10. 30. 050_. Noi %ee Level_ Measurement. The location selected for measuring exterior noise levels shall be at any point on the affected property. In the case of interior noise measurement , the windows shall be closed and the measurements - 5- shall be made at a point at least four (4) feet from the wall , ceiling or floor nearest the noise source. Sec. 10. 30. 055. Variance Procedure . The owner or operator of a noise source which violates any of the provisions of this Chapter may file an application with the Director of Community Development for a variance from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with said provisions , the reasons why immediate compliance cannot be achieved , a proposed method of achieving compliance, and a proposed time schedule for its accomplishment. Said application shall be accompanied by a fee in the amount of seventy-five dollars ($75. 00) . A separate application shall be filed for each noise source; provided , however, that several mobile sources under common ownership , or several fixed sources on a single property may be combined into one application . Upon receipt of said application and fee, the Director of Community Development•' shalI refer it with his recommendation thereon within thirty ( 30) days to the Planning Commission for action at either a regularly scheduled or special meeting of the Commission. The applicant and any persons involved in the original complaint of violation shall be notified , in writings at least ten ( 10) days prior to the Planning Commission meeting at which the variance request is heard . An applicant for a variance shall remain subject to prosecution under the terms of this ordinance until a variance is granted. The Planning Commission shall evaluate all applications for variance from the requirements of this Chapter and may grant said variances with respect to time for compliance , subject to such terms , conditions , and requirements as it 'may deem reasonable , to achieve maximum compliance with the provisions of this Chapter . Said terms , condition,. , and requirements may include , but shall not be limited to limitations on noise levels and operating hours . Each such variance shall set forth in detail the approved method of achieving maximum compliance and a time schedule for its accomplishment. In its -6- • ' • • determinations the Planning Commission shall consider the magnitude of nuisance caused by the offensive noise ; the uses of property within the area of impingement by the noise ; the time factors related to study design , financing and construction of remedial work ; the economic factors related to age and useful life of equipment ; and the general public interest and welfare . Any variance granted shall be by resolution and any violation of the terms of said variance shall be unlawful . Sec . 10. 30. 060. Appeals ._ Within twenty-one (21 ) da•ys following the decision of the Planning Commission on an application , the applicant , other interested party , or any member of the City Council may appeal the decision to the City Council by filing ,a notice of appeal with the Director of Community. Development. Within thirty .(30) days •following receipt of a notice of appeal the Director of Community Development shall forward to the City Council copies of the application for variances the notice of appeal , and all evidence concerning said application received by the Planning Commission ,, and its decision thereon . In addition , any person may file with the City Council , written arguments supporting ,or attacking said decision and the City Council may in its discretion hear oral arguments thereon . The applicant and any persons involved in the original complaint of violation shall be notified , in writing , at least ten ( 10) days prior to the meeting at which the appeal is heard . Within sixty (60) days following its receipt of the notice of appeal the City Council shall either affirm., modify or reverse the decision of the Planning Commission . Sec._ 10. 30. 065 . Relationship to Other Noise Regulations The provisions of this Chapter• shall not be construed as permitting conduct not proscribed hor•ein and shall not affect the enforceability of any othr,r provisions of law relating to the control of noi •,c. furthermore , wherever do apparent conflict between these provisions and any other, noise regulations exists , the more stringent of the noise regulations shall apply. . - 7- y` COUNCILMEN COY OF NEWPORT BOCH MINUTES p Q v I pc 0 x� INDEX ROLL CALL AN T yr w12 a''in Se tember 30 1974' One Police Emergency Equipment Dispatcher in the Police Department to fill a position now vacant. One Police Clerk I in the Police Department to fill a position now vacant. Three Refuse Crewmen in the General Services Department to fill positions now vacant. One Groundsman Gardener I in the Parks, Beaches and Recreation Department to fill a position to be vacant. One Administrative Assistant in the City Manager's offic for a position now vacant. 9. The fbllowing staff and committee reports were received and ordered filed: Report from Community Development Dartment re arming Noise recommendations of the PjarLniAg-Commission�in connection with noise or finance. Memorandum from the City Attorney regarding Coastal EIR's Commission authority to require an EIR. Memoranddni from the Chairman of the Citizens Environ- Pollution mental Quality Control Advisory Committee regarding litter management and solid waste management recom- mendations. 10. The following matters were set for public hearing on October 15, 1974• Consideration of adoption of the Noise Element of the General Newport Beach General Plan and acceptance q£ an Environ- Plan mental Fact Report�EI (IyB ,74-05.7�. (A report from the Community Development Department was presented.) Tentative Map of Tract No.. 8480 Revised), revision of Tract 8480 a previously approved Tentative Map so as to subdivide 7.00 acres into four lots for residential-condominium development where a one lot subdivision was originally proposed, portion of Block 55, Irvine's Subdivision located at the southeasterly corner of the proposed extension of Santa Barbara Drive and proposed San Clemente Drive in Newport Center, zoned P-C. (A report from the Community Development Department was presented.) Tentative Map of Tract No 82_,, subdividing 45.905 Tract 8762 acres into six lots for commercial development and one lot for a• common parking lot, located on property bounded by MacArthur Boulevard, Von Karman Avenue, Birch Street and Jamboree Road in Koll Center Newport, zoned P-C. (A report from the Community Development Depart- ment was presented.) Consideration of alley paving in Block 10., East Newport ' Alley (City block bounded by 6th Street, Island Avenue, Balboa Paving/ Blk 10 Volume 28 - Page 241 Y CITY OF NEWPO T BEACH r� CALIFORNIA 92660 cg41FOA P City Hall 3300 Newport Blvd. (714)673-2H9 November 9 , 1976 640-2261 ,i { Mr. John Shea , President West Newport Beach Improvement Association •,� 2214 West Ocean Front Newport Beach, CA 92663 , Y Dear Mr'. Shea : The City Council has asked staff to respond to your letter Is of October 11 , 1976 , addressed to the Newport Beach City Council , which expressed the need for a noise control ordinance . In 1974, the Planning Commission considered the Orange County Noise Ordinance for possible adoption by the City and recommended to the City Council that the ordinance not be adopted , for the following reasons : (1 ) The types of noise sources that the ordinance was directed to (noise created on private property and noise of a continuing nature such as industrial noise) are not considered major problems in the City overall ; ' (2 ) The major noise sources--aircraft and motor vehicles-- cannot be controlled directly by local ordinance . •r (Control of these sources is pre-empted by federal and state regulations . ) ; (3) The public-nuisance type noises ( loud parties , etc . ) are currently being controlled by the Police Department under existing regulations . The City Council received the Planning Commission ' s report, together with a memo from the Chief of Police on this matter, and ordered the noise ordinance dropped from further consideration . As a result of new information and recent developments in this field , the City Council will again consider the matter of a local noise ordinance , probably during the month of January, 1977 . The Community Development Department staff a Mr. John Shea, President Page Two November 9 , 1976 is currently reviewing a draft of the Model Community Noise Ordinance prepared by the California Office of Noise Control . This ordinance , with certain modifications , may prove applicable to noise problems in Newport Beach , such as identified in your letter. Thank you for your comments . We will inform you prior to the City Council ' s consideration of a noise control ordinance . Yours very truly, COMMUNITY DEVELOPMENT DEPARTMENT R. V . Hogan , Director David Dmohowski Senior Planner DD :jmb a COUNCILMEN CIO OF N E W P O R T B EOC H MINUTES � m pp � p3 �9'AN ROLL CALL m\'a�9r Nm5t1'-'A Se tember 30 1974 INDEX One Police Emergency Equipment Dispatcher in the Police Department to fill a position now vacant. One Police Clerk I in the Police Department to fill a position now vacant. Three Refuse Crewmen in the General Services Department to fill positions now vacant. One Groundsman Gardener I in the Parks, Beaches and Recreation Department to fill a position to be vacant. One Administrative Assistant in the City Manager's offic for a position now vacant:. 9. The following staff, and committee reports_were received and ordered filed: Report from Community Develo�me�nt DeB,Ztment.ireparding Noise -- � � t -- recommendations of the Plannin�,Commiss_ion- inn connection with noise ordinance. Memorandum from the City Attorney regarding Coastal EIR's Commission authority to require an EIR. Memorandum from the Chairman of the Citizens Environ- Pollution mental Quality Control Advisory Committee regarding Litter management and solid waste management'recom- mendations. 10. The following matters were set for public hearing ,on October 15, 1974: Consideration of adoption of the Noise Element of the General Newport Beach General Plan and acceptance of an Env�ron- j Plan mental Impact Report ,(EIR/NB 74-04.7). (A report from the Community Development Department was presented.) Tentative Map of Tract No-. 8480 (Revised) , revision of Tract 8480 a previously approved Tentative Map so as to subdivide 7.00 acres into four lots for residential condominium development where a one lot subdivision was originally proposed, portion of Block 55, Irvine's Subdivision located at the southeasterly corner of the proposed extension of Santa Barbara Drive and proposed San Clemente Drive in Newport Center, zoned P-C. (A report from the Community Development Department was presented.) Tentative Map of Tract No.,8762, subdividing 45.905 Tract 8762 acres into sir. lots for commercial development and one lot for a- common parking lot, located on property bounded by MacArthur Boulevard, Von Karman Avenue, Birch Street and Jamboree Road in Y.oll Center Newport, zoned P-C. (A report from the Community Development Depart- ! men' was presented.) � I I � I Consideration of alley paving in Block 10, East Newport Alley 1 III i (City block bounded by 6th Street, fsland Avenue, Balboa Paving/ I � Blk 10 1 ! Volume 28 - Pagc 241 FILE C® Y DO NOT REMOVE ' CITY OF NEWPORT BEACH MEMORANDUM: From TO..........rlt.............................................. ........ a-r... .., �.Z...1. IQ2 ; Ivol i-Q+ oj vv v,%( . Jf��� ✓e1Jt a� � J�.,,, . I0� 1 S 7'7 , h o Reply wanted p Reply not necessary 0 By—.......................................................... CITY OF NEWPORT BEACH ' COUNCILMEN MINUTES ROLL CALL a aTf +xt 'a October 26, 1076 INDEX 4. A report was presented from the Marine Department Harbor regarding Harbor Permit Applications #221-2808 and Permits `__, 11221-2814 of Ted Cook to revise an existing float and to_r`ocate another existing float at 2814 Lafayette Avenue. Motion Z Harbor Permit Applicatio -sA221-2808 and 221-2814 Ayes K x x x x X were approved, subject to approva-1,of the U. S. Abstain x Army Corps of Engineers. Mayor Pro Tem Barrett resumed his seat at the Council table. 5. Letters from the West Newport Beach Im_ cement Association were presented requesting an ordinance restricting-no ise levels and requesting that the ordinance pertaining to transient occupancy be amended to include a requirement for informational pamphlets to be distributed in connection with rental contracts. John Shea addressed the Council and asked for con- sideration of their requests before the summer season returns. G Motion The letters were referred to staff for reply. �� G Ayes K x x x x x x — — ——— ITIONAL BUSINESS: 1 1. Councilman Ryckoff made a motion that the City's League/ delegate to the City Selection Committee, or the Air Pollu- alternate, or both, be instructed to vote for Sonia tion Bd Sonju for the Regional Air Pollution Board at the next meeting of the Committee. Councilman McInnis made a substitute motion to instruct the City's delegate to cast the first ballot for Councilman Ryckoff, and to free him after the first ballot to vote at his own discretion and in keeping with the City's position: Motion x Councilman Williams made a substitute motion to Ayes K x 2 x instruct the City's deEuncilman /to the City Selection Noes x x Committee to vote and se his discretion as follows: to vote for Ryckoff on the first ballot; to vote/for Councilman Ryckoff on the second ballot if he/is still in contention, if not, then to vote for/Sonia Sonju, and if neither is in contention, th4n the delegate may use his own di/that the second ballot, which motion ca Maand Councilman McInnis stated for the reheir vote in no way indicated dis- /ap'proval of Councilman Ryckoff's candidacy, but that r they did support it. i Volume 30 - Page 265 CIITy OF NEjvp0RT BEACH )IC �. MEMORANDUM FrOM ROBERT L. WYNN, CITY MANAGER RICHARD HOGAN, COMMUNITY DEVELOPMENT• DIRECTOR ••_•___._OCTOBER, 27,......L.1 19.1. . Slm.................................................................... SUBJECT: CONSENT CALENDAR H-3(b) i � This has been referred to the CommunityDevelopment Department for reply. Furthermore, the Council wishes to review a possible noise ordinance no later than January of 1977. Please submit to me for ,my, review the�l.d et st regulations or ordinance that we reviewed when the Council decided not to adopt a noise ordinance. CO r, • -. RECEIVED Co n•dnily , De.....p:nent • UepL OCT 2 819769x- 8 CI 1 y OF `\ N FCZFEACH, 9 Reply wantfd Reply not necesury ❑ V ly1 D By..t.�. .W.••...`9 ................. N824 r'- � . ��' � �1'� �� C� �' �� �� ��� • _ DATE 4y 13-70 TO: ❑ MAYOR ❑ GEN. SERVICES ❑ COUNCIL ❑ LIBRARY ❑ MANAGER ❑ MARINE ❑ ADMIN. ASST. ❑ PARKS& REC. ❑ ATTORNEY ❑ PERSONNEL ❑ CITY CLERK ❑ POLICE F �,CSMM. DEV. ❑ PUBLIC WORKS ❑ DATA PROC. ❑ PURCHASING ❑ FINANCE ❑ TRAFFIC ❑ FIRE ❑ UTILITIES FOR: L9r4CTION & DISPOSITION ❑ FILE ❑ INFORMATION ❑ REVIEW&COMMENT C"RETURN REMARKS: FROM; MI AN M. DOST L BOARD OF DIRECTORS „� ` Pat Foster -_.rciyS"R 1 President . John Shea v✓' 727-35th Street 675.3927 2214 West Ocean Front 675-6917 r' OCee Pitch Vice President . . . . Ernest Mijares 358.62nd Street 548-6488 k 3014 West Ocean Front 673.9529 ( ',,�.. Suzanne Rudd Treasurer . . . . . .William Jacoby 1"'.."'4 464-62nd Street 642.19J0 5301 River Avenue G45.2016 -'• f,�: _ Margot SKiliing Secretary . .Richard Clucas 6610 West Ocean Front 642.3224 4403 Seashore Drive 673.3762 WEST PaE?AJPOBT BEACH improvement Association NEWPORT BEACH,CALIFORNIA October 11 , 1976 lREcE 10M A QoL.1 ?men Oo�pIs 6r 5 Newport Beach City Council �� 0� 1 s 3300 Newport Bdulevard ,. 0 cat� eEPcN. Newport Beach, California c, NEBpaP�tF. 6 Subject: Noise Control Ordinance cD c Gentlemen: This Association receives many complaints from members regarding the increasing noise problem throughout the West Newport area, occasioned by large overflow gatherings and electronic noise equipment. Needless to say, recurring nuisances of this type in the neighborhood produce most of the same problems as were intendent in your consideration to close Smokey Stovers place in' the recent past. lie have discovered in our discussions with staff members that current policies and procedures make any abatement difficult, lack immediacy, and tend to play neighbor against neighbor. We have come to understand that there .does not now exist any ordinance affecting the level of noise in the areas of the community where people reside. In order to move towards a more desirable residential environment, and to assist in the control of potential riot situations before they reach riot level , we strongly urge that the Council give its immediate attention to the consideration of an ordinance which will set reasonable measurable limits of quiet and provide the police with the means and tools for enforcement of violations of those limits. . :. For the Board of Directors ;. Sincerely, �r•. .. - ' :,. , / John Shea to ii..,of ' ij• r" •� :. President JS/pr •s • .,�,� 1 O.' 1 JOHN R. PHILP, M.D. O •"{'i'VJ HEALTH OFFICER 3 ' SANTA ANA OFFICE 64S NORTH ROSS STREET o O U N-rY O F SANTA ANA, CALIFORNIA 92702 t7 „{ TELEPHONE: 31 O Malting Addr.sst P.P. 0. Box 355 • Santa Ana, California 92702 © ® RAN G E ANAHEIM OFFICE 1011 101 SOUTH EAST STREET ANAHEIM, CALIFORNIA TELEPHONE: 776�SS51 HEALTH DEPARTMENT Malling Addr.ssr P. 0. Box 355 Santa Ana, California 92702 September 25, 1974 s N Mr. Robert Lee Wynn dty �R r"�fD City of Newport Beach ()_ S,E,P OfFjCF 3300 W. Newport Blvd. 2 Newport Beach, CA 92660 -' ro , s 1379® 5 0� A: Re: Enforcement of City Nois Control Ordinance �� C1[pj:ACy bear Mr. Wynn: In my letter of July 1, 1974, I informed you that the Health Department would be willing to enforce a city enacted noise control ordinance. Further, the letter contained this statement; "If you are interested in obtaining our noise-enforcement services the agreement should be presented to your City Council for approval as soon as possible." Enclosed with the letter was a proposed uniform noise control ordinance, a proposed enforcement agreement and a fee schedule based on population and one year of enforce- ment service. The proposed enforcement agreement, which had been sent out to the cities, has subsequently not been approved by County Counsel. A revised enforcement agreement has been prepared. Please eliminate the original proposed enforcement agreement but retain the proposed uniform noise control ordinance and fee schedule. Since it is very important for my staff, who will be responsible for enforcing noise control laws, to have the opportunity to review cities' noise control ordinances prior to the County entering into noise enforcement agreements, I have not egclosed the revised enforce- ment agreement. Instead, I would like to recommend that my noise enforcement staff work with the involved members of your staff in preparing a city noise control ordinance which the Health Department can enforce and also work out the details of an enforcement agreement. For this purpose, Mr. Jerald Neisler, who is a member of my noise enforcement staff, may be contacted (telephone no. 776-5551). i V truly yours, OHN R. PHILP, 2.D. Health Officer j County of Orange { JRP:TRC FILE OWN* :sj I i PO NOT REMOVE i I r w i b'0 ! /�J/ 1^ DATE..,I.. ..L /L+F•••%. ..� TO: ❑ MAYOR ❑ GEN. SERVICES ❑ COUNCIL ❑ LIBRARY ❑ MANAGER ❑ MARINE SAFETY ❑ ASST. MGR. ❑ PARKS & REC. ❑ ADMIN. ASST. ❑ PERSONNEL ❑ ATTORNEY ❑ POLICE "" ❑��CITY CLERK ❑ PUBLIC WORKS �OMM. DEV. ❑ PURCHASING ❑ FINANCE ❑ TRAFFIC ❑ FIRE FOR: ACTION & DISP ❑ FILE Q INFORMA 6 RE El ❑ REVIEW MMqnT;,; ❑ RETU Dev l.,p.nent Q/ 1 I Daptt..qq REMARKS:........................... ........Ii1L..1..f.L1g,7a��..:...... .......... 6 CITY Or ........................................... .. ....NEWPflR�-BEfiEH;-�.. ............ CALIF. .................................................�. ........................;{ ................. ...................................................... ....v. .. . {�.... ........................ .........................................._........ ..... ...1............. ........ ................ FROMt ....... ................................................ CITY OF NEWPORT BEACH RUE E C ov p POLICE DEPARTMENT � jj DO SNOT REK10VE July 12, 1974 TO: Tim Cowell, Advance Planning Administrator FROM: Chief of Police SUBJECT: NOISE ORDINANCE I have read with interest the proposed noise ordinance which I understand is essentially the same as one adopted by the County of Orange. While I recognize the desirability of im- proving our environment and living conditions in all possible respects I have some misgivings as to this being a suitable vehicle for such improvement. My concerns in the main are those of an operational or practical nature. Under present conditions the Police Department receives practi- cally all complaints relative to excessive noise or annoying noise. Officers are dispatched, contact the complainant and assess the situation in its totality. The hour of the day, the level of noise, the degree of aggravation, and the potential for citizen discomfort are all considered. Admittedly, their evaluation is subjective but subjective evaluations may be more satisfying to a resident who is disturbed by a barking dog or a loud stereo or even a swimming pool pump. Following an officer' s evaluation he will ordinarily advise the parties that (a) the level of noise is not in his opinion objec- tionable or (b) it is objectionable and must be stopped under authority of Section 415 of the Penal Code. If the noise con- tinues the officer may arrest. Section 415 reads as follows : "415. Disturbing the Pheeace. Every person who maliciously and willfully disturbs t peace or quiet of any neighborhood or person, by loud or unusual noise, or by tumultuous or offensive conduct, or threatening, traducing, quarreling, challenging to fight, or fighting, or who, on the public streets or any unin- corporated town, or upon the public highways in such unincorpor- ated town, run any horse race, either for a wager or for amuse- ment, or fire any gun or pistol in such unincorporated town, or use any vulgar, profane, or indecent language, within the presence or hearing of women or children, in a loud and boisterous manner is guilty of a misdemeanor, and upon conviction by any court of competent jurisdiction, shall be punished by fine not exceeding two hundred dollars, or by imprisonment in the county jail for more than ninety days, or both fine and imprisonment, or not y y , P either, at the discretion of the Court. " I�� To: Tim Cowell, Advance Planning Administrator July 12, 1974 Page 2 You may note that Section 415 gives sufficient latitude for judgment and does place a burden of discretion on the officer. If the noise ordinance is adopted we will be establishing an objective standard of noise which may preempt the officer's judgment and rob the citizen of immediate relief from the annoyance. Another feature of the ordinance which I question is placing enforcement authority in the County Health Department or the Community Development Department. This is a diversion of res- ponsibility that I find irrational. The Police Department being the recipient of complaints would be referring such complaints to another agency who would be forced to staff and train personnel for a 24-hour seven day a week operation. Further than this, how will we divide the responsibility? Which agency will be given which kind of noise complaints? Nothing in the ordinance suggests that the Police Department would handle any noise violations. 7es Gla Chie of Police /D./! Planning Commission Meeting July 18 , 1974 Agenda Item No . 9 CITY OF NEWPORT BEACH FILE i/OPPY July 9 , 1974 DO NOT REMOVE TO : Planning Commission FROM: Community Development Department SUBJ : Noise Ordinance Attached is a revised draft of the proposed noise ordinance. This draft is essentially the same as the version discussed by the Planning Commission at the May 16 , 1974 Study Session , with the following revisions : 1 . Pg. 2, the definition of "Public Institutional Property" has been expanded to include private schools and libraries . 2. Pg. 7 , the requirement that the applicant for . a variance pay a seventy-five dollar fee if - he appeals the Planning Commission decision to' the City Council has been deleted . In addition , several non-substantive revisions to the wording have been made as suggested by the Orange County Health Department in their model noise ordinance. If the Planning Commission desires to recommend a noise ordinance, this ordinance may be recommended to the City Council for adoption as Chapter 10. 30 of the Municipal Code . As requested by the Planning Commission , staff has referred the Orange County Model Noise Ordinance to the Police Department . The Police Department' s comments will be presented at the meeting . COMMUNITY DEVELOPMENT DEPARTMENT R . V . HOGAN , DIRE TOR .� ''.L.✓> , .fir r Cy : Tilii Cowe`I1 TC :jmb Advance Planning Administrator Enc , Noise Ordinance' CHAPTER 10. 30 NOISE CONTROL Sec. 10 . 30. 010. Declaration of Policy. In order to control unnecessary, excessive and annoying noises ,. it is hereby declared to• be the policy of the City of Newport Beach to prohibit such noises generated from all sources as specified in this Chapter. It is determined that certain sound levels are detrimental to the public health , welfare and safety, and contrary to public interest ; therefore , the City Council does ordain and declare that creating , maintaining, causing or allowing to create , maintain or cause any noise in a manner prohibited by , or not in conformity with , the provisions of this Chapter , is a public nuisance and shall be punishable as such . Sec. 10. 30. 015. Definitions . The following words , phrases and terms as used in this Chapter shall have the meaning as indicated below: AMBIENT NOISE LEVEL shall mean the all -encompassing noise level associated with a given environment , being a composite of sounds from all sources , excluding the alleged offensive noise , at the location and approximate time at which a comparison with the alleged offensive noise is to be made. CUMULATIVE PERIOD shall mean an additive period of time com- posed of individual time segments which may be continuous or inter- rupted. DECIBEL (dB ) shall mean a unit which denotes the ratio between two (2) quantities which are proportional to power: the number of decibels corresponding to the ratio of two (2) amounts of power is ten ( 10 ) times the logarithm to the base ten ( 10) of this ratio . EMERGENCY MACHINERY , VEHICLE OR WORK shall mean any machinery , vehicle or work used , employed or performed in an effort to protect provide or restore safe conditions in the community or for the citizenry , or work by private or public utilities when restoring -1 - utility service. FIXED NOISE SOURCE shall mean a stationary device which creates sounds while fixed or motionless , including but not limited to industrial and commercial machinery and equipment , pumps , fans , compressors , generators , air conditioners and refrigeration equipment. GRADING shall mean any excavating or filling of earth material or any combination thereof conducted to prepare a site for construction or other improvements thereon . IMPACT NOISE shall mean the noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest . MOBILE NOISE SOURCE shall mean any noise source other than a fixed noise source . NOISE LEVEL shall mean the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with • a reference pressure of 20 micronewtons per square meter . The unit of measurement shall be designated as dB (A) . PERSON shall mean a person , firm, association , co-partnership , joint venture, corporation or any entity , public or private in nature . PUBLIC INSTITUTIONAL PROPERTY shall mean a parcel of real property which is used for public or private school , library , hospital , or church purposes . RESIDENTIAL PROPERTY shall mean a parcel of real property which is located in a residential zoning district or which is designated for exclusive residential use in the General Plan , any Specific Area Plan , or Planned Community District of the City of Newport Beach. The term " residential property" shall not include 1 ) residentially developed parcels or residential units located in commercial , commercial - residential , or industrial zoning districts . SIMPLE TONE NOISE shall mean a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished. . -2- SOUND LEVEL METER shall mean an instrument meeting American National Standard Institute ' s 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. SOUND PRESSURE LEVEL of a sound , in decibels , shall mean twenty (20 ) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure , which reference pressure shall be explicitly stated . Sec. 10. 30. 020. Noise Level Measurement Criteria . Any noise level measurements made pursuant to the provisions of •this Chapter shall be performed using a sound level meter as defined in Section 10. 30. 015. Sec. 10. 30. 025. Designated Noise Zones . The properties hereinafter described are hereby assigned to the following noise zones . Noise Zone 1 : All residential and public institutional properties as defined in Section 10. 30. 015 , in or adjacent to the City of Newport Beach . Sec. 10. 30. 030. Exterior Noise Standards . ( a) The following noise standards , unless othe.rwise specifically indicated , shall apply to all property within a designated noise zone . NOISE STANDARDS NOISE ZONE NOISE LEVEL TIME PERIOD 1 55 dB (A) 7 : 00 a .m. - 10 : 00 p .m. 50 dB (A) 10 : 00 p .m. - 7 :00 a.m. (b ) It shall be unlawful for any person at any location within the City of Newport Beach to , create any noise , or to allow the creation of any noise on property owned , leased , occupied or otherwise controlled by such person , which causes the noise level when measured on any property , in a designated noise zone , to exceed : ( 1 ) The noise standard for a cumulative, period of more than thirty minutes in any hour ; or ( 2 ) The noise standard plus 5 dB (A) for a cumulative period of more than fifteen minutes in any hour; or - 3- (3 ) The noise standard plus 10 dB (A) for a cumulative period of more than five minutes in any hour; or (4) The noise standard plus 15 dB (A) for a cumulative period of more than one minute in any hour ; or (5 ) The noise standard plus 20 dB (A) for any period of time . (c ) In the event the ambient noise level exceeds any of the above five noise limit categories , the cumulative period applicable to said category shall be increased to reflect said ambient noise level . _ Furthermore , the maximum permissible noise level shall never exceed the maximum ambient noise level . ( d ) Each of the noise limits specified above shall be reduced by 5dB (A) for impact or simple tone noises , or for noises consisting of speech or music. Sec . 10. 30. 035. Interior Noise Standard . (a) It shall be unlawful for any person at any location within the City of Newport Beach to create any noise, or• to allow the creation of any noise on property owned , leased , occupied or other- wise controlled by such person , which causes the noise level when measured within a dwelling unit on any residential property , as defined in Section 10. 30. 15 , during the period 10: 00 p .m. to 7 : 00 a. m. to exceed : ( 1 ) 45 dB (A) for a cumulative period of more than 5 minutes in any hour ; or (2) 50 dB (A) for a cumulative period of more than 1 minute in any hour; or ( 3 ) 55 dB (A) for any period of •time. (b ) In the event the ambient noise level exceeds any of the above three noise limit categories , the cumulative period applicable to said category shall be increased to reflect said ambient noise level . Furthermore , the maximum permissible noise level shall never exceed the maximum ambient noise level . -4- Sec . 10. 30. 040. Sfcial Provisions . The following activities shall be exempted from the provisions of this Chapter: (a) School bands , school athletic an•d school entertainment events . (b ) Outdoor gatherings , public dances , shows and sporting and entertainment events provided said events are conducted pursuant to a permit issued by the City of Newport Beach , relative to the staging of such events . (c) Activities conducted on parks , public playgrounds and school grounds provided such parks , playgrounds and school grounds are owned and operated by a public entity. (d ) Any mechanical device , apparatus or equipment used , related to or connected with emergency machinery , vehicle or work. (e ) Noise sources associated with construction , repair , remodeling , or grading of any real property, provided said activities do not take place between the hours of 8: 00 p. m. and 7 : 00 a.m. on weekdays , including Saturday , or at any time on Sunday or a federal holiday. (f) Noise sources associated with the maintenance of real property used for residential purposes , provided said activities take place between the hours of 7: 00 a . m. and 8:00 p.m. on any day except ' Sunday , or between the hours of 9 :00 a .m. and 8: 00 p . m. on Sunday. (g ) Any activity to the extent regulation thereof has been preempted by State or federal law. Sec. 10. 30. 045. Air Conditioning and Refrigeration ; Special Provisions . Until January 19 , 1979 , the noise standards enumerated in Sections 10. 30. 030 and '10. 30. 035 shall be increased 8 dB (A) where the alleged offensive noise source is an air conditioning or refrigeration , ystem or associated equipment which was installed prior to the effective date of this ordinance. Sec . 10. 30. 050. Noise Level Measurement . The location selected for measuring exterior noise levels shall be at any point on the affected property. In the case of interior noise measurement , the windows shall be closed and the measurements -5- y J shall be made at a point at least four (4) feet from the wall , ceiling or floor nearest the noise source. Sec. 10. 30. 055. Variance Procedure . The owner or operator of a noise source which violates any of the provisions of this Chapter may file an application with the Director of Community Development for a variance from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with said provisions , the reasons why immediate compliance cannot be achieved , a proposed method of achieving compliance . and a proposed time schedule for its accomplishment. Said application shall be accompanied by a fee in the amount of seventy-five dollars ($75 . 00) . A separate application shall be filed for each noise source; provided , however, that several mobile sources under common ownership , or several fixed sources on a single property may be combined into one application . Upon receipt of said application and fee, the Director of Community Development shall refer it with his recommendation thereon within thirty (30) days to the Planning Commission for action at either a regularly scheduled or special .meeting of the Commission . The applicant and any persons involved in the original complaint of violation shall be notified , in writing , at least ten (10) days prior to the Planning Commission meeting at which the variance ,request is heard. An applicant for a variance shall remain subject to prosecution under the terms of this ordinance until a variance is granted. The Planning Commission shall evaluate all applications for variance from the requirements of this Chapter and may grant said variances with respect to time for compliance , subject to such terms , conditions , and requirements as it may deem reasonable , to achieve maximum compliance with the provisions of this Chapter . Said terms , conditions , and requirements may include , but shall not be limited to . limitations on noise levels and operating hours . Each such variance shall set forth in detail the approved method of achieving maximum compliance and a 'time schedule for its accomplishment. ' In its -6- determinations the Planning Commission shall consider the magnitude of nuisance caused by the offensive noise ; the uses of property within the area of impingement by the noise ; the time factors related to study design , financing and construction of remedial work ; the economic factors related to age and useful life of equipment; and the general public interest and welfare . Any variance granted shall be by resolution and any violation of the terms of said variance shall be unlawful . Sec . 10. 30. 060. Appeals . Within twenty-one (21 ) days following the decision of the Planning Commission - on an application , the applicant , other interested party , or any member of the City Council may appeal the decision to the City Council by filing a notice of appeal with the Director of Community Development. Within thirty (30) days following receipt of a notice of appeal the Director of Community Development shall forward to the City Council copies of the application for variance, the notice of appeal , and all evidence concerning said application received by the Planning Commission , and its decision thereon . In addition , any person may file with the City Council , written arguments supporting or attacking said decision and the City Council may in its discretion hear oral arguments thereon . The applicant an•d any persons involved in the original complaint of violation shall be notified , in writing , at least ten ( 10) days prior to the meeting at which the appeal is heard . Within sixty (60 ) days following its receipt of the notice of appeal the City Council shall either affirm, modify or reverse the decision of the Planning Commission . Sec. 10. 30. 065. Relationship to Other Noise Regulations The provisions of this Chapter shall not be construed as permitting conduct not proscribed herein and shall not affect the enforceability of any other provisions of law relating to the control of noise . ?urthermo•re , wherever an •apparent conflict between these provisions and any other noise regulations exists , the more •stringent of the noise regulations shall apply . - 7- , }• . /D. apRr 0 @ )s Department of Community Development ��tFoaN`r ■ ILE copy DATE: June 25, 1974 DONOT REMOVE TO: Lt. Wayne Connolly, Administrative Division , Police Department FROM: Tim Cowell , Advance Planning Administrator SUBJECT: Noise Ordinance Attached is a copy of the Orange County model noise ordinance. This ordinance , with minor revisions , is being considered by the Planning Commission- for possible recommendation to the City Council . The Planning Commission has requested input from the Police . Department as to the merits of adopting a noise ordinance (numbers of complaints , apparent extent of the noise problem, etc. ) and the merits of the County' s model ordinance. The following points should be noted : 1 . Consideration of adopting a noise ordinance is at the direction of the City Council . 2. The model ordinance does not apply to motor vehicles . 3. Enforcement may be done by the County Health Department (under contract with the City) or by the Community Development Department - of the City. (Would the Police Department' s sound measurement equipment be available for Community Development Department use? ) Your assistance will be greatly appreciated. If you could send me a memo by July 10, I will forward your comments to the Planning Commission at their July 11 meeting. (If possible , something by the morning of July 1 would be even better, since the Planning Commission will be discussing a consultant' s report on the Newport Beach noise environment at the July 1 afternoon study session . ) Thank you for your consideration of this request. TEC :jmb A ' • ATTACHMENT II • ® R A F T WSCUS51ON ONLY 1 PROPOSED NOT FOR RELEASE 2 NOISE CONTROL ORDINANCE 3 CITY OF , CALIFORNIA 4 AN ORDINANCE ADDING CHAPTER TO 5 ARTICLE OF THE MUNICIPAL CODE OF THE 6 CITY OF , CALIFORNIA. 7 8 The City Council of the City of does ordain as 9 follows: 10 SECTION I. Chapter is hereby added to Article of the City 11 Municipal Code to read as follows: 12 NOISE CONTROL 13 Chapter _ 14 Sec. 1. Declaration of Policy. 15 In order to control unnecessary, excessive and annoying noises emanating from 16 incorporated areas of the City, it is hereby declared to be the policy of the City 17 to prohibit such noises generated from all sources as specified in this Chapter. 18 It is determined that certain noise levels are detrimental to the public health, 19 welfare and safety and contrary to public interest, therefore, the City Council does 20 ordain and declare that creating, maintaining, causing or allowing to create, 21 maintain or cause any noise in a manner prohibited by or not in conformity with the 22 provisions of this Chapter, is a public nuisance and shall be punishable as such., 23 Sec. 2. Definitions. 24 The following words, phrases and terms as used in this Chapter shall have the 25 meaning as indicated below: 26 AMBIENT NOISE LEVEL shall mean the all-encompassing noise level associated with 27 a given environment, being a composite of sounds from all sources, excluding the 28 alleged offensive noise, at the location and approximate time at which a comparison 29 with the alleged offensive noise is to be made. 30 CUMULATIVE PERIOD shall mean an additive period of time composed of individual 31 time segments which may be continuous or interrupted. 32 DECIBEL (dB) shall mean a unit which denotes the ratio between two (2) quantities 5/10/74 rro/st ' i • -2- 1 which are proportional to power: the number of decibels corresponding to the ratio 2 of two (2) amounts of power is ten (10) times the logarithm to the base ten (10) of 3 this article. 4 EMERGENCY MACHINERY, VEHICLE OR WORK shall mean any machinery, vehicle or work 5 used, employed or performed in an effort to protect, provide or restore safe 6 conditions in the community or for the citizenry, or work by private or public 7 utilities when restoring utility service. 8 FIXED NOISE SOURCE shall mean a stationary device which creates sounds while 9 fixed or motionless including but not limited to industrial and commercial machinery 10 and equipment, pumps, fans, compressors., generators, air conditioners and refrigeration 11 equipment. 12 GRADING shall mean any excavating or filling of earth material or any combination 13 thereof conducted to prepare a site for construction or other improvements thereon. 14 IMPACT NOISE shall mean the noise produced by the collision of one mass in motion 15 with a second mass which may be either in motion or at rest. 16 MOBILE NOISE SOURCE shall mean any noise source other than a fixed noise source. 17 NOISE LEVEL shall mean the, "A" weighted sound pressure level in decibels obtained 18 by using a sound level meter at slow response with a reference pressure of 20 micro- 19 newtons per square meter. The unit of measurement shall be designated as dB(A). 20 NOISE VARIANCE BOARD shall mean an administrative board of five (5) members . 21 appointed by the Board of Supervisors of the County of Orange, per Title 4, 22 Division 6, Article 1 of the Codified Ordinances of the County of Orange. 23 PERSON shall mean a person, firm, association, copartnership, joint venture, 24 corporation of any entity, public or private in nature. 25 RESIDENTIAL PROPERTY shall mean a parcel of real property which is developed 26 and used either in part or in whole for residential purposes, other than transient 27 uses such as hotels and motels. 28 SIMPLE TONE NOISE shall mean a noise characterized by a predominant frequency 29 or frequencies so that other frequencies cannot be readily distinguished. 30 SOUND LEVEL METER shall mean an instrument meeting American National Standard 31 Institute's Standard S1.4-1971 for Type 1 or Type 2 sound level meters or an 32 instrument and the associated recording and analyzing equipment which will provide • -3 • 1 equivalent data. . 2 SOUND PRESSURE LEVEL of a sound, in decibels, shall mean twenty (20) times the 3 logarithm to the base ten (10) of the ratio of the pressure of the sound to a 4 reference pressure, which reference pressure shall be explicitly stated. 5 Sec. 3. Noise Level Measurement Criteria. 6 Any noise level measurements made pursuant to the provisions of this Chapter 7 shall be performed using a sound level meter as defined in Section 2. 8 Sec. 4. Designated Noise Zones. 9 The residential properties hereinafter described are hereby assigned to the 10 following noise zones. 11 Noise Zone 1: All residential properties, whether incorporated or unincorporated. 12 Sec. 5. Exterior Noise Standards. 13 (a) The following noise standards, unless otherwise specifically indicated, 14 shall apply to all residential property within a designated noise zone. 15 16 NOISE STANDARDS 17 NOISE ZONE NOISE LEVEL TIME PERIOD 18 1 55 dB(A) 7:00 a.m. - 10:00 p.m. 19 50 dB(A) 10:00 •p.m. = 7:00 a.m. 20 21 (b) It shall be unlawful for any person at any location within the incorporated 22 area of the City to create any noise, or to allow the creation of any noise on 23 property owned, leased, occupied or otherwise controlled by such person, which causes 24 the noise level when measured on any other residential property either incorporated 25 or unincorporated, to exceed: 26 (1) The noise standard for a cumulative period of more than thirty minutes in 27 any hour; or 28 (2) The noise standard plus 5 dB(A) for a cumulative period of more than 29 fifteen minutes in any hour; or 30 (3) The noise standard plus 10 dB(A) for a cumulative period of more than five 31 minutes in any hour; or 32 (4) The noise standard plus 15 dB(A) for a cumulative period of more than • -4- 1 one minute in any hour; or 2 (5) The noise standard plus 20 dB(A) for any period of time. 3 4 (c) In the event the ambient noise level exceeds any of the above five noise 6 limit categories, the cumulative period applicable to said category shall be increased 6 to reflect said ambient noise level. Furthermore, the maximum permissible noise level 7 shall never exceed the maximum ambient noise level. 8 (d) Each of the noise limits specified above shall be reduced by 5 dB(A) for 9 impact or simple tone noises, or for noises consisting of speech or music. 10 Sec. 6. Interior Noise Standard. 11 (a) It shall be unlawful for any person at any location within the incorporated 12 area of the City to create any noise, or to allow the creation of any noise on 13 property owned, .leased, occupied or otherwise controlled by such person, which causes 14 the noise level when measured within a dwelling unit on any residential property 15 during the period 10:00 p.m. to 7:00 a.m. to exceed: 16 (1) 45 dB(A) for a cumulative period of more than 5 minutes in any hour; or , 17 (2) 50 dB(A) for a cumulative period of more than 1 minute in any hour; or 13 (3) 55 dB(A) for any period of time. 19 20 (b) In the event the ambient noise level exceeds any of the above three noise 21 limit categories, the cumulative period applicable to said category shall be increased 22 to reflect said ambient noise level. Furthermore, the maximum permissible noise level 23 shall never exceed the maximum ambient noise level. 24 Sec. 7. Special Provisions. 25 The following activities shall be exempted from the provisions of this Chapter: 26 (a) School bands, school athletic and school entertainment events. 27 (b) Outdoor gatherings, public dances, shows and sporting and entertainment 28 events provided said events are conducted pursuant to a (License/permit) 29 issued by the City pursuant to Article , Chapter of the City 30 Municipal Code relative to the staging of said events. 31 (c) Activities conducted on parks, public playgrounds and school grounds 32 provided such parks, playgrounds and school grounds are owned and operated by a • -5- • 1 public entity. 2 (d) Any mechanical device, apparatus or equipment used, related to or connected 3 with emergency machinery, vehicle or work. 4 (e) Noise sources associated with construction, repair, remodeling, or grading 5 of any real property, provided said activities do not take place between the hours of 6 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or 7 a federal holiday. 8 (f) All mechanical devices, apparatus or equipment which are utilized for the 9 protection or salvage of agricultural crops during periods of potential or actual 10 frost damage or other adverse weather conditions. 11 (g) Mobile noise sources associated with agricultural operations provided such 12 operations do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, 13 including Saturday, or at any time on Sunday or a federal holiday. 14 (h) Mobile noise sources associated with agricultural pest control through . 16 pesticide application provided that the application is made in accordance with 16 restricted material permits issued by or regulations enforced by the Agricultural 17 Commissioner. 18 (i) Noise sources associated with the maintenance of real property used for 19 residential purposes, provided said activities take place between the hours of 20 7:00 a.m. and 8:00 p.m. on any day except Sunday, or between the hours of 9:00 a.m. 21 and 8:00 p.m. on Sunday. 22 (j) Any activity to the extent regulation thereof has been preempted by State 23 or federal law. 24 Sec. 8. Schools, Hospitals and Churches - Special Provisions. 25 It shall be unlawful for any person to create any noise which causes the noise• 26 level at any school, hospital or church while the same is in use, to exceed the noise 27 limits as specified in Section 51 or which noise level unreasonably interferes 'with 28 the use of such institutions or which unreasonably disturbs or annoys patients in the 29 hospital, provided conspicuous signs are displayed in three separate locations within 30 one-tenth of a mile of the institution indicating the presence of a school, church, 31 or hospital. 32 /// -6- • 1 Sec. 9. Air Conditioning and Refrigeration - Special Provisions. 2 Until January 19, 1979, the noise standards enumerated in Sections 5 and 6 shall 3 be increased 8 dB(A) where the alleged offensive noise source is an air conditioning 4 or refrigeration system or associated equipment which was installed prior to the 5 effective date of the Ordinance. 6 Sec. 10. Noise Level Measurement. 7 The location selected for measuring exterior noise levels shall be at any point 8 on the affected residential property. In the case of interior noise measurement, the 9 windows shall be closed and the measurements shall be made at a point at least four 10 (4) feet from the wall, ceiling or floor nearest the noise source in the affected 11 residential or institutional unit. 12 Sec. 11. Manner of Enforcement. 13 The Orange County Health Officer and his duly authorized representatives are 14 directed to enforce the provisions of this Chapter. The Orange County Health Officer 15 and his duly authorized representatives are authorized, pursuant to Penal Code 16 Section 836.5, to arrest any person without a warrant when they have reasonable cause 17 to believe that such person has committed a misdemeanor in their presence. 18 No person shall interfere with, oppose or resist any authorized person charged 19 with enforcement of this Chapter while such person is engaged in the performance'of 20 his duty. 21 Sec. 12. . Variance Procedure. 22 The owner or operator of a noise source which violates any of the provisions of 23 this Chapter may file an application with the Health Officer for a variance from the 24 provisions thereof wherein said owner or operator shall set forth all actions taken to 25 comply with said provisions, the reasons why immediate compliance cannot be achieved, 26 a proposed method of achieving compliance, and a proposed time schedule for its 27 accomplishment. Said application shall be accompanied by a fee in the amount of 28 seventy-five dollars ($75.00) . A separate application shall be filed for each noise 29 source; provided, however, that several mobile sources under common ownership, or 30 several fixed sources on a single property may be combined into one application. Upon 31 receipt of said application and fee, the Health Officer shall refer it with his 32 recommendation thereon within thirty (30) days to the Noise Variance Board for action -7- 1 thereon in accordance with the provisions of this Chapter. 2 An applicant for a variance shall remain subject to prosecution under the terms 3 of this ordinance until a variance is granted. 4 Sec. 13. Noise Variance Board. 5 The Noise Variance Board shall evaluate all applications for variance from the 6 requirements of this .Chapter and may grant said variances with respect to time for 7 compliance, subject to such terms, conditions and requirements as it may deem 8 reasonable to achieve maximum compliance with the provisions of this Chapter. Said 9 terms, conditions and requirements may include, but shall not be limited to limitations 10 on noise levels and operating hours. Each such variance shall set forth in detail 11 the approved-method of achieving maximum compliance and a time schedule for its 12 accomplishment. In its determinations said Board shall consider the magnitude of 13 nuisance caused by the offensive noise; the uses of property within the area of 14 impingement by the noise; the time factors related to study, design, financing and 15 construction of remedial work; the economic factors-related to age and useful life of 16 equipment; and the general public interest and welfare. Any variance granted by said 17 Board shall be by resolution and shall be transmitted to the Health Officer for 18 enforcement. Any violation of the terms of said variance shall be unlawful. 19 Sec. 14. Appeals. 20 Within fifteen (15) days following the decision of the Variance Board on an 21 application the applicants the Health Officer, or any member of the City Council, may 22 appeal the decision to the City Council by filing a notice of appeal with the 23 Secretary of the Variance Board. In the case of an appeal by the applicant for a 24 variance, the notice of appeal shall be accompanied by a fee to be computed by the 25 Secretary on the basis of the estimated cost of preparing the materials required to 26 be forwarded to the City Council as discussed hereafter. If the actual cost of such 27 preparation differs from the estimated cost appropriate payments shall be made either 28 to or by the Secretary. ' 29 Within fifteen (15) days following receipt of a notice of appeal and the appeal 30 fee, the Secretary of the Variance Board shall forward to the City Council copies of 31 the application for variance; the recommendation of the Health Officer; • the notice of 32 appeal; all evidence concerning said application received by the Variance Board and -8' • 1 its decision thereon. In addition, any person may file with the City Council written 2 arguments supporting or attacking said decision and the City Council may in its 3 discretion hear oral arguments thereon. The City Clerk shall mail to the applicant 4 a notice of the date set for hearing of the appeal. The notice shall be mailed at 5 least ten days prior to the hearing date. 6 Within sixty (60) days following its receipt of the notice of the appeal, the 7 City Council shall either affirm, modify or reverse the decision of the Variance i 8 Board. Such decision shall be based upon the City Counci,l's evaluation of the matters i 9 submitted to the City Council in light of the powers conferred on the Variance Board 10 and the factors to be considered, both as enumerated in Sections 12 and 13. 11 As part' of its decision the Council may direct the Variance Board to conduct 12 further proceedings on said application. Failure of the City Council to affirm, 13 modify or reverse the decision of the Variance Board within said 60-day period shall 14 constitute an affirmance of the decision. 15 Sec. 15. Violations: Misdemeanors. 16 Any person violating any of the provisions of this Chapter shall be deemed guilty 17 of a misdemeanor. Each day such violation is committed or permitted to continue shall 18 constitute a separate offense and shall be punishable as such. The provisions of this 19 Chapter shall not be construed as permitting conduct not prescribed herein and shall 20 not affect the enforceability of any other applicable provisions of law. 21 SECTION II. This Ordinance shall be published once within fifteen (15) days 22 after its passage in the , a newspaper of general circulation, 23 published and circulated in the City of , California and•shall 24 take effect thirty (30) days from and after the date 'of its final passage. 25 ADOPTED this day of , 1974 26 BY• ' Mayor of the City of 27 28 ATTEST: BY: 29 City Clerk of the City of- 30 31 32 lO. Il 0, � '3 TY OF I' EWPORT BEACH � ,� CALIFORNIA C "'�• = �A Cj Ne city -ne 94;.pRC1 . 00 wport Blvd. (714) 673-3110 CITIZEN'S" ENVIRON ENrAL QUALITY CONTROL ADVISO"Y COMMITTEE TO: THE HONORABLE MAYOR AND idEMKIRS Or THE CITY COUNCIL THE MEMBERS OF THE PLANNING CO-NMISSION SUBJECT: PROPOSED NOISE ORDINANCE DATE: JUNE 13, 1974 At its meeting of June 11 , 1974, the CEQCAC authorized submission of the following statement : One of the major problems with the control of environmental pollutants is the establishment of criteria by which measurements can be made to determine if a problem truly exists. The proposed noise ordinance is a step in the right direction to eliminate the problem of when is a noise a nuisance. By establishing measurable values to noise, the determination of a potential nuisance is readily made by using known measurement techniques. Corrective actions can then be established. it is recognized that two major sources of noise (aircraft and auto- mobiles) are not covered by this proposed ordinance; however, this ordinance• would cover sources that the City would have the power to enforce. Some of the sources of noise co:Tered by this proposed ordinance, such as barking dogs, may be difficult to measure due to the randomness that may occur. However, the continuous creation of these types of noises would be measurable if truly a problem. It is also assumed that those sources of exempted'noises, such as public meetings, day-time construction, etc. normally =eauire perr:.ission from the City and when permission is granted that e•ccessive noise that could create a nuisance would be controlled. : It is recommended that this proposed ordinance ba strongly considared for implementation as a step towards making a quieter and more- harmonious community in Newport Beach. Resp�!ctEully submitted, _ Valerie R. )Turley 4 CCQ,-.AC, Ch-s-11 n FILI E AO NOT REMOVE Planning Commission Meeting May 16 , 1974 Agenda Item Number 11 CITY OF NEWPORT BEACH FILE COPY May 8, 1974 TO : Planning Commission DO NOT REMOVE FROM: Department of Community Development SUBJ : Noise Control Ordinance Attached is a draft of the proposed Noise Control Ordinance , which is based on the Orange County Noise Control Ordinance , as dis- cussed at the April 18 , 1974 Planning Commission Study Session . Staff would suggest that this Ordinance be added as a new Chapter (Chapter 10. 30 ) to Title' 10 of the Municipal Code . This title of the Municipal Code currently contains two chapters which deal with noise control . While some of these current provisions may appear to be in conflict ,or redundant , they do apply more generally throughout the City and appear to be aimed more at nuisance control of one-time events ; the proposed Noise -Control Ordinance will apply only to noise as it impacts individual properties and is aimed more at control of continuing noise sources . Section 10. 30. 060 covers potential conflicts by providing that , in case of conflict, the more stringent regulation shall apply. As previously discussed , this Noise Control Ordinance should be considered as one part of a two-part local noise regulation program , which would consist of: 1 . Regulation of noise at its source (Noise Control Ordinance) , 2 . Regulation of noise impacts through special • design and construction requirements for residential developments in noise-impacted areas (sound insulation , setbacks , berms and barriers ) , based on the Noise Element and state requirements . Y TO : Planning Commission - 2 Revisions to County Ordinance The major differences between the County Ordinance and the draft of the City Ordinance are as follows : 1 . The definition of "residential property" has been changed to include all property in residential zoning districts or designated for exclusive residential use in the General Plan , any Specific Area Plan , or Planned Community District . As discussed at the April 18 , 1974 Study Session , this change will resolve the potential problem of a commercial use being established adjacent to a vacant residential site and creating a noise level in excess of the standards which only becomes illegal after the residential site is developed and occupied. Also , this change resolves the potential problem of applying the same , relatively stringent , noise standards to dwelling units in mixed commercial and residential areas . 2 . Schools , hospitals , and churches have been included in Noise Zone 1 , which results in these public institutional uses being given the same protection as residential properties . 3. The variance procedure has been changed . The County Ordinance calls for the creation of a Noise Variance Board to hear applications for a variance , while the draft of the Newport Beach Ordinance provides that variance requests will be heard by the Planning Commission , with appeal to the Council . Staff feels that the small number of variance applications that are anticipated would be insufficient to justify creation of a separate variance board . Enforcement In considering the two alternative means of enforcing this ordinance , use of City staff or contracting with the County Health Department , staff is of the opinion that the City should , at least initially , utilize the Health Department ' s enforcement services . TO : Planning Commission - 3 Although the City has in its possession a basic sound level meter (in the Police Department) which could be utilized for noise measurement , it appears that the cost in terms of personnel time would exceed the cost of the County contract. In discussions with the Health Department staff , it was estimated that the noise measurement ; recording , and analysis required for each complaint would involve 10 to 12 hours of City staff time. If we assume an average of two complaints per month , or 24 complaints per year, a total of from 240 to 288 hours of staff time per year would result. Assuming a cost to the City of $12 . 00 per hour (including overhead ) would result in a total annual cost of from $2,880 to $3 ,456. Added to this would be additional costs for court appearances when required. Also , there is the question of training a staff member to conduct noise measure- ment , recording , and analysis -so that his findings would stand up in court as an "expert witness" . This may result in an additional cost to the City. The Health Department has indicated that they would be willing to contract with the City for noise ordinance enforcement for $2 ,200 per year. They are in the process of acquiring an automated noise measurement vehicle which will provide rapid and efficient noise measurement, recording , and analysis . The Health Department -will be able to provide testimony , at no additional expense to the City , for those cases which go to court , which will be recognized by the court as "expert witness " testimony." The quality of the noise measurement, recording and analysis •Function and the reputation of the expert witness is a critical aspect of noise ordinance enforcement. If , after the first year ' s experience with County Health Department enforcement , it becomes apparent that City staff enforcement would be more economical , the City could choose to not renew the contract. Recommended Action Staff suggests that the Planning Commission take the following TO : Planning Commission - 4 actions : 1 . Recommend, by resolution , the adoption of the Noise Control Ordinance (with any revisions desired ) by .the City Council . 2. Recommend that the City Council authorize the execution of an agreement with the County Health Department for enforcement of this Ordinance for a one-year period . COMMUNITY DEVELOPMENT DEPARTMENT R. V. HOGAN , DIR CTOR By i ell Seni Planner TC :jmb Att. Draft of the Proposed Noise Control Ordinance . CHAPTER 10. 30 NOISE CONTROL Sec. 10. 30. 010. Declaration of Policy . In order to control unnecessary , excessive and annoying sounds , it ,is hereby declared to be the policy of the City of Newport Beach to prohibit such sounds generated from all sources as specified in this Chapter. It is determined that certain sound levels are detrimental to the public health , welfare and safety , and contrary to public interest. Sec. 10. 30. 015. Definitions . The following words , phrases and terms as used in this Chapter shall have the meaning as indicated below: AMBIENT NOISE LEVEL shall mean the all -encompassing noise level associated with a given environment, being a composite of sounds from all sources , excluding the alleged offensive noise , at the location and approximate time at which a comparison with the alleged offensive noise is to be made. CUMULATIVE PERIOD shall mean an additive period of time com- posed of individual time segments which may be continuous or inter- rupted . DECIBEL (dB ) shall' mean a unit which denotes the .ratio between two (2) quantities which are proportional to power : the number of , decibels corresponding to the ratio of two (2) amounts of power is ten (10) times the logarithm to the base ten (10) of this ratio . EMERGENCY MACHINERY , VEHICLE OR WORK shall mean any machinery , vehicle or work used , employed or performed in an effort to protect provide or restore safe conditions in the community or for the citizenry , or work by private or public utilities when restoring utility service . FIXED NOISE SOURCE shall mean a stationary device which creates sounds while fixed or motionless , including but not limited to industrial and commercial machinery and equipment , pumps , fans , compressors , generators , air conditioners and refrigeration equipment. -1 - IMPACT NOISE shall mean the noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest . MOBILE NOISE SOURCE shall mean any noise source other than a fixed noise source . NOISE LEVEL shall mean the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micronewtons per square meter. The unit of measurement shall be designated as dB (A) . PERSON shall mean a person , firm, association , co-partnership , joint venture , corporation or any entity , public or private in nature. RESIDENTIAL PROPERTY shall mean a parcel of real property which is located in a residential zoning district or which is designated for exclusive residential use in the General Plan ; any Specific Area Plan ,. or Planned Community District of the City of Newport Beach . The term "residential property" shall not include 1 ) residentially- developed parcels or residential units located in commercial , commercial -residential , or industrial zoning districts . PUBLIC INSTITUTIONAL PROPERTY shall mean a par-del of real property which is used for public school , hospital , or church purposes . SIMPLE TONE NOISE shall mean a noise characterized* by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished . SOUND LEVEL METER shall mean an instrument meeting American National Standard Institute ' s Standard SL 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 . SOUND PRESSURE LEVEL of a sound , in decibels , shall mean twenty (20) times the logarithm to the base ten (10) 'of the ratio of the pressure of the sound to a reference pressure , which reference pressure shall be explicitly stated . -2- Sec. 10. 30. 020. Noise Level Measurement Criteria . Any noise level measurements made pursuant to the provisions of this Chapter shall be performed using a sound level meter as defined in Section 10. 30. 015. Sec. 10. 30 . 025. Designated Noise Zones . The residential properties hereinafter described are hereby assigned to the following noise zones . Noise Zone 1 : All residential and public institutional properties as defined in Section 10. 30. 015 , in the City of Newport Beach . Sec. 10. 30. 025. Exterior Noise Standards . (a ) The following noise standards , unless otherwise specifically indicated , shall apply to all property within a designated noise zone. NOISE STANDARDS NOISE ZONE NOISE LEVEL TIME PERIOD 1 55 dB (A) 7 : 00 a . m. - 10 :00 p .m. 50 dB (A) 10 : 00 p .m. - • 7 : 00 a.m. (b ) It shall be unlawful for any person at any location within the City of Newport Beach to , create any noise , or to allow the creation of any noise on property owned or controlled by such person , which causes the noise level when measured on any property , in a designated noise zone , to exceed : ( 1 ) The noise standard for a cumulative period of more than thirty minutes in any hour ; or (2) The noise standard plus 5 dB (A) for a cumulative period of more than fifteen minutes in any hour ; or (3) The noise standard plus 10 dB (A) for a cumulative period of more than five minutes in any hour ; or (4) The noise standard plus 15 dB (A) for a cumulative period of more than one minute in any hour ; or ( 5) The noise standard plus 20 dB (A) for any period of time . (c ) In the event the ambient noise level exceeds any of the above five noise limit categories , the cumulative period applicable to -3- • • said category shall be increased to reflect said ambient noise level . Furthermore , the maximum permissible noise level shall never exceed the maximum ambient noise level . (d ) Each of the noise limits specified above shall be reduced by 5 dB (A) for impact or simple tone noises , or for noises consisting of speech or music. Sec. 10. 30. 030. Interior Noise Standard. (a ) It shall be unlawful for any person at any location within the City of Newport Beach to create any noise , or to allow the creation of any noise on property owned or controlled by such person , which causes the noise level when measured within a dwelling unit on any •residential property, as defined in Section 10. 30. 15 , during the period 10 :00 p.m. to 7 :00 a. m. to exceed : ( 1 ) 45 dB (A) for a cumulative period of more than 5 minutes in any hour; or (2) , 50 dB (A) for a cumulative period of more than 1 minute in any hour ; or (3) 55 dB (A) for any period of time . (b ) In the event the ambient noises level exceeds any of the above three noise limit categories , the cumulative period applicable to said category shall be increased to reflect said ambient noise level . Furthermore , the maximum permissible noise level shall never exceed the maximum ambient noise level . Sec. 10. 30. 035. Special Provisions . The following activities shall be exempted from the provisions of this Chapter : (a) School bands , 'school athletic and school entertainment events . (b ) Outdoor gatherings , public dances , shows and sporting and entertainment events provided said events are conducted pursuant to a permit issued by the City of Newport Beach . (c) Activities conducted on parks , public playgrounds and school grounds provided such parks , playgrounds and school grounds are owned and operated by a public entity. -4- (d) Any mechanical device , apparatus or equipment used , related to or connected with emergency machinery , vehicle or work. (e ) Noise sources associated with construction , repair , remodeling , or grading of any real property , provided said activities do not take place between the hours of 8 : 00 p.m. and 7 : 00 a.m. on weekdays , including Saturday, or at any time on Sunday or a federal holiday. (f) Noise sources associated with the maintenance of real property used for residential purposes , provided said activities take place between the hours of 7 : 00 a.m. and 8 : 00 p. m. on any day except Sunday , or between the hours of 9 : 00 a .m. and 8:00 p .m. on Sunday. (g ) Any activity to the extent regulation thereof has been preempted by State or federal law . Sec. 10. 30. 035. Air Conditioning and Refrigeration ; Special Provisions . During the five-year period following the effective date of this ordinance , the noise standards enumerated in Sections 10. 30. 025 and 10. 30. 030 shall be increased 8 dB (A) where the alleged offensive noise source is an air conditioning or refrigeration system or associated equipment which was installed prior to the effective date of this ordinance. Sec. 10. 30. 040. Noise Level Measurement. The location selected for measuring exterior noise levels shall be at any point on the affected residential property. In the case of interior noise measurement , the windows shall be closed and the measurements shall be made at a point at least four (4) feet from the wall , ceiling or floor nearest the noise source. Sec. 10. 30. 045. Variance Procedure . The owner or operator of a noise source which violates any of the provisions of this Chapter may file an application with the Director of Community Development for a variance from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with said provisions , the reasons why immediate compliance cannot be achieved , a proposed method of achieving compliance , - 5- and a proposed time schedule for its accomplishment . Said application shall be accompanied by a fee in the amount of seventy-five dollars ( $75 . 00) . A separate application shall be filed for each noise source ; provided , however , that several mobile sources under common ownership , or several fixed sources on a single property may be combined into one application. Upon receipt of said application and fee , the Director of Community Development shall refer it with his recommendation thereon within thirty (30 ) days to the Planning Commission for action at either a regularly scheduled or special meeting of the Commission ., The applicant and any persons involved in the original complaint of violation shall be notified , in writing , at least ten (10) days prior to the Planning Commission meeting at which the variance request is heard. An applicant for a variance shall remain subject to prosecution under the terms of this ordinance until a variance is granted . The Planning Commission shall evaluate all applications for variance from the requirements of this Chapter and may grant said variances with respect to time for compliance , subject to such terms , conditions , and requirements as it may deem reasonable , to achieve maximum compliance with the provisions of this Chapter. Said terms , conditions , and requirements may include , but shall not be limited to limitations on noise levels and operating hours . Each such variance shall set forth in detail the approved method of achieving maximum compliance and a time schedule for its accomplishment. In its determinations the Planning Commission shall consider the magnitude of nuisance caused by the offensive noise ; the uses of property within the area of impingement' by the noise ; the time factors related to study design, financing and construction of remedial work ; •the economic factors related to age and useful life of equipment ; and the general public interest and welfare . Any variance granted shall be by reso- lution and any violation of the terms of said variance shall be unlawful . Sec . 10. 30. 050 . Appeals . Within twenty-one (21 ) days following the decision of the Planning Commission on an application , the applicant , other interested -6- h • 0 party , or any member of the City Council may appeal the decision to the City Council by filing a notice of appeal with the Director of Community Development. If the appeal is made by the applicant , the notice of appeal shall be accompanied by a fee of seventy-five dollars ( $75. 00) . Within thirty (30 ) days following receipt of a notice of appeal the Director of Community Development shall forward to the City Council copies of the application for variance , the notice of appeal , and all evidence concerning said application received by the Planning Commission , and its decision thereon.. . In addition , any person may file with the City Council , written arguments supporting or attacking said decision and the City Council may in its discretion hear oral arguments thereon . The applicant and any persons involved in the original complaint of violation shall be notified , in writing , at least ten (10) days prior to the meeting at which the appeal is heard. Within sixty (60) days following its receipt of the notice of appeal the City Council shall either affirm, modify or reverse the decision of the Planning Commission . Sec. 10 . 30 . 055. Relationship to Other Noise Regulations The provisions of this Chapter shall not be construed as permitting conduct not proscribed herein and shall not affect the enforceability of any other provisions of law relating to the control of noise. Furthermore , wherever an apparent conflict between these provisions and any other noise regulations exists , the more stringent of the noise regulations shall apply . -7- , � ., • • gyp, // Planning Commission Meeting April 18, 1974 Study Session Item No . 3 CITY OF NEWPORT BEACH TO : Planning Commission FILE �+ 61'Q��P h7 FROM: Department of Community Development ii DO NOT REMOVE SUBJ : Noise Ordinance Attached is a copy of the Orange County Noise Control Ordinance, adopted by the Board of Supervisors in November of 1973, and a copy of the Health Department report• entitled "Noise and the Proposed Orange County Noise Ordinance" . The County is encouraging all cities in Orange County to adopt this ordinance as the city ' s noise control ordinance , resulting in relatively uniform noise regulations throughout the county , with the understanding that some minor revisions may be necessary to account for varying local conditions . According to the County Health Department , the Cities of Fountain Valley , La Habra , and Costa Mesa have adopted similar ordinances . Staff suggests that the Planning Commission consider recommending this ordinance , with revisions as desired , to the City Council for adoption as the Newport Beach Noise Control Ordinance . Features of the Ordinance The County Noise Control Ordinance provides protection to residential properties from noise sources on other residential , commercial , and industrial properties . Provision is made for expanding this protection to commercial and industrial properties in the future , should this become necessary or desirable. Mobile noise sources such as automobiles and aircraft are not controlled by this ordinance , since the control of these sources has been pre-empted by state and federal regulations . Also , no mention is made of noise control through the design and j construction of new residential developments . However, it appears that the sound insulation aspect of noise control for residential interiors has been taken care of by the State . TO : Planning Commiss,ion - 2 Article 4 , Section 1092 of the California Administrative Code , adopted in March , 1974 , requires special sound insulation for new residential construction . (These state regulations and other proposals for the new construction-design aspect of noise control will be further discussed with the Noise Element at a subsequent meeting. ) Staff would suggest that this Noise Ordinance be considered as one part of a two-part local noise regulation program, which would consist of: 1 . Regulation of noise at its source (Noise Ordinance) , 2 . Regulation of noise impacts through special design and construction requirements for residential developments in noise-impacted areas (sound insulation , setbacks , berms and barriers ) , based on the Noise Element and state requirements . An additional discussion of the features of the County Noise Control Ordinance is' contained in the "Noise and the Proposed Orange County Noise Ordinance" report (Page 20) . Suggested Revision At this time , staff would suggest one revision to the County Noise Control Ordinance , prior to its adoption as the Newport Beach Noise Control Ordinance . As written , the regulations apply to property used for residential purposes , but vacant areas which will be developed for residential use are not included . This could create the situation where a commercial use is established which creates a noise level which exceeds the standards , but which only becomes illegal after adjacent residential properties are developed and occupied. By then , the reduction of the noise level to the ordinance standards may be difficult or impossible. Staff suggests that these regulations should apply to all properties in residential zoning districts . and all properties designated for residential use (exclusively ) in the General Plan . This revision would also resolve the potential problem of applying the same , relatively stringent, noise standards to dwelling units in mixed commercial and residential areas . It would probably be infeasible to apply these standards to existing dwelling units in the same building , TO : Planning Commission - 3 or on• the same lot as , a bar or restaurant . Enforcement While the means of enforcement is not written into the noise control ordinance and can be changed at any time subsequent to the adoption of the ordinance , consideration should be given to the method of enforcement prior to its adoption . There are two possible alternative means of enforcing this ordinance . The first alternative would be to use City staff and City-owned equipment. The second would be to contract with the County to provide enforcement services (through the Health Department) . . A major question at this time is whether City enforcement would require additional staff and/or equipment. The Health Department representative will further discuss this subject of enforcement with the Commission . Recommended Action Staff suggests two possible courses of action : 1 . Continue this item until the Noise Element and the new construction-design aspect of noise control is discussed- (at a meeting in the near future) , and set a public hearing on the Noise Control Ordinance and the Noise Element at the same meeting , or 2 . Direct staff to rewrite the County Noise Control Ordinance , with revisions as desired , and set a public hearing for a date certain . COMMUNITY DEVELOPMENT DEPARTMENT R. V . Hogan , rec r 1; 6y c..� Tim Cowell Senior Planner TEC : jmb NOISE AND THE PROPOSED ORANGE COUNTY NOISE ORDINANCE Prepared by the Orange County Health Departz-ner_t P. O. Box 355, Santa Ana, California February 5, 1973 Revised: October 29, 1973 r TABLE OF CONTENTS Page SUMMARY 1 I The Urban Noise ProbLem 2 II The Generation and Propagation of Sound 3 III The Characteristics of Sound 4 IV Sound Measurement 7 i V Examples of Sound Levels from Common Sources 8 VI Human Effects Criteria for Noise ControL 9 VII Noise Levels Encountered in Orange County 17 VIII Features of the Proposed Ordinance 20 References r FACTS ABOUT NOISE', AND THE PROPOSED ORANGE COUNTY NOISE ORDINANCE SUMMARY Urban noise isbeccming a serious environmental problem in Orange County. Current noise levels have already produced annoyance, sleep disturbance, mental anguish and, possibly, adverse physiological effects to people in some areas. Noise levels will increase as the County continues to grow, and will become a wide-spread health problem by the year 1990, unless steps are taken to control them. Although local government is powerless to legislate against the two major urban noise sources, motor vehicles and aircraft, a noise ordinance would do much to control many other objectionable noise sources. Currently, many citizen complaints regarding noise are received, but little control can be obtained without legal noise limits. The Health Department has developed a proposed noise control ordinance which would, if enacted, establish quantitative maximum permissible noise levels in residential areas, and establish an objective method of noise measurement to determine compliance with the standards. The standards are.based on extensive field studies conducted by the Department, as well as on research reported in the scientific literature. The ordinance would apply to most annoying noise sources encomt'eied in community complaint situations. In addition to its use in abating noise sources, the ordinance should also be useful as a land use planning guide, in which proposed developments could be evaluated against the noise standards. It is hoped that similar ordin- ances will be adopted by each city in order to effect a uniform county wide approach to urban noise control. FACTS• ABOUT NOISE, AND THE PROPOSED ORANGE COUNTY NOISE ORDINANCE I. The Urban Noise Problem o Noise is commonly defined as unwanted annoying sound. It is a pollutant which lowers the quality of life and detracts from the enjoyment of urban living. o At sufficient levels, noise can cause annoyance, speech inter- ference, sleep disturbance, psychological distress, physiolog- ical stress and hearing loss. Such noise levels already exist in some areas of Orange County. o Noise levels in urban areas have increased continuously in recent:years throughout the United States, at an estimated rate of one decibel per year. Given present noise levels and this rate- of increase, ambient noise will constitute a serious health hazard to most Orange County residents by the year 1990.' o The Orange County Health Department received 49 requests for, help in dealing with noise problems in 1972, even though we have no community noise control ordinance. These requests ranged from noise"sources .affecting individual families to those affecting entire communities. o Motor vehicles, as a group, are the most pervasive contributors. to urban noise, while aircraft produce the most aggravated community annoyance reactions. -In certain areas, noise from these two sources is already at levels of health concern. o Other_ significant noise sources are factories, railroads, powered gardening equipment, stereo sound amplifiers, musical instruments, power tools and air conditioners. o Most of the noise problems.we encounter could have been miti- gated through the application of simple preventive measures, including: (1) reduction at the source, (2) increased distances between the source and the human receiver, and (3) the provision of sound barriers. o One very effective means of controlling noise is to control the growth and distribution of population through wise land use planning practices. In this way, residential areas can be sep- arated from freeways, airports and noisy businesses; and the mushrooming numbers of noise sources can be stemmed. r II. The Generation and Propagation of Sound o The generation and propagation of sound is easily illustrated by a simple model. Consider a plate suspended in air bounded on both sides by layers of air. If we strike the plate it vibrates, moving rapidly back and forth. As it moves, it com- presses the air iu the direction of its motion and when it reverses direction, it leaves a partial vacuum or rarefaction of the air. These alternate compressions and rarefactions cause small fluctuations in atmospheric pressure which are repeated in subsequent layers of air extending outward from the plate. When the pressure variations strike the ear drum, it vibrates in response to the changes in pressure. The dis- turbance is carried through the inner ear to the brain where it is interpreted as sound. propagation of Sound Waves Vibrating Plate ' • •• °• • o ° • �o eo •i • a e ° ° se O ao •°°0 • • 0 0 • 0 0 :•:O O 00• •• O� � O • 0 0OO a • op QOO• •p O• • • • ° e • 0 •O op• O••000 + pQ• • O Ogoal•• u ••° ° ° e • •sa000 ° oo •0• • O a o 4• c•goal o•°o°:o • • • o 00000 0 op so • • • o 0 0° • •e•o°•O ° e • o e ° •s o Opa a •06 O O O •O % O Compression Vacuum Compression 'Vacuum ' Compression N u) NO _ N G 1 a TIME Diagram of Sound Wave III. The Characteristics of Sound A. Intensity o The pressure variations producing sound are so small that they are measured in "microbars" (a microbar is about one- millionth of normal atmospheric pressure which is 14.7 lba. per sq. in.) o The human ear is so sensitive that it can detect sound pressure variations as tor: as .0002 microbar, while at 200 microbars, a one million-fold increase, discomfort is . produced. o This is far too great a range to express conveniently in a normal arithmetic scale, so it is necessary to express noise intensity in another term - the decibel (dB). o The decibel is simply the logarithm of the ratio between a particular sound pressure and the lowest detectible pressure, .0002 microbar. o Thus, .0002 microbar becomes 0 dB, and 200 microbars equals 120 dB sound pressure level (SPL) according to the formula: SPL = • 20 1og10 P dB, po where p is the measured sound pressure and p0 is .0002 microbars. 0 On the decibel scale, a 10-fold increase in sound pressure results in a 20 dB increase in the meter reading, a 100- fold_ increase in sound pressure produces a 40 dB increase, and so on. 0 The decibel is also used as a measure of the power produced by a sound source. Here the decibel is the .logarithm of the ratio between the acoustic power, in watts, and a ref- erence power of 10-12 watts. ' 0 Sound power level (PWL) is expressed by the formula: PWL = 10 10910 dB, o where W is the acoustic power in watts and W0 is 10-12 watt. 0 A 10-fold increase in sound power is equivalent to 10 dB, a 100-fold increase equals 20 dB, and so on. o If you double the sound power, you only add 3 dB to the sound pressure level. That is, if you have one source which produces a sound pressure level of 90 dB, and add to it another identical source with a 90 dB level, the total sound pressure Level is 93 dB, not 180 dB. o Sound levels diminish as you move farther away from the source• Every time the distance from the source doubles, the sound pressure level goes down 6 dB. B. Frequency o Another aspect of sound is frequency or pitch, which is the number of times the air pressure variations occur in a second. o Frequency is expressed as cycles per second (cps) or Hertz (Hz) which means the same thing. o Low frequency sounds are those with few variations per second, such as notes from a tuba, while high frequency sounds have many variations per second, such as the sound of a piccolo. o Some examples of sound frequencies from the piano keyboard are: Note Fundamental frequency C3 - 131 cps ) Middle C - 262 cps `) Each interval C5 - 524 cps ) is one octave C6 1048 cps ;) o Most sounds contain more than one frequency. Sound which contains a wide range of random frequencies is called "broad band" noise. Sound that contains only one frequency, such as a shrill whistle, is called a "pure tone". Pure tone noise can be especially annoying. o The human ear can hear frequencies from about 20 to 20,000 cycles per second. But it cannot hear all pitches equally well, being more sensitive in the range of 3000 - 4000 cps than in either lower or higher frequencies. Thus, a 4000 cps tone of 60 dB sounds just as loud as a 100 cps tone of about 75 dB; and a 4000 cps tone at 60 dB sounds much louder than the 100 cps tone at 60 dB. c C. Periodicity o Sound may be "steady" or "fluctuating" both with respect to intensity and frequency.. An example of a fluctuating sound is an emergency siren. o "Impulsive" sounds are those such as produced by a jack- hammer or riveting machine. They are more annoying than steady state noises. D. Semantic Content o Noise with "semantic" or "information" content, such as music or speech, tends to distract attention, and is more annoying than steady broad band noise. NOISE CHARACTERISTICS INTENSITY FREQUENCY (decibels) (cycles per second or Hertz) Noise Transmission Path Receiver Source r 1 IV. Sound Measurement 0 Instruments, called sound level meters, have been developed which measure the intensity of sound. These meters have one or several scales, some of which correspond to subjective human response to sounds of different frequencies. 0 The "linear" scale of the sound level meter, unlike the ear, gives an equally weighted (or "flat") response for- sounds of all frequencies. 0 The A scale gives less weight to the low and very high frequen- cies, as does the ear. It approximates the ear's response to noise. The A scale, therefore, is ideal for use with noise performance standards designed for protection of humans against excessive noises. For this reason, "A" weighted measurements, abbreviated dBA, have become the basis for most community noise regulations. FIGURE I Frequency-response Characteristics for Sound Level Meters +s I I Q Linea Y A _5 I � B,AND-C - CFN w'� m I m -15 m -20 8 FREQUENCY RESPONSES z FOR SLM WEIGHTING CHARACTERISTICS . n -25 w G -30 > -35 1A I -40 -45 A -5020 50 100 200 Soo 1000 2000 5000 10,000 20A00 FREQUENCY IN CYCLES PER SECOND V. Examples of Sound Levels from Common Sources . FIGURE I1 Sound level,d11A SOUND LEVELS BY SOURCE 140 ^y 330 `oa ' Ea 120 Oxygen torch caSnowmobile _ Rock-n•roll band 110 Riveting machine jet take off Textile loom at 1000, : Jet flyover at 1000, .0t 100 Electric furnace Rock drill * > Power mower Motorcycle * 90 Snowmobile Food blender -u Power mower 00 Lathe Diesel truck * Garbage disposal 1 80 a. Clothes washer Passenger car' Dish washer i u 70 Vacuum cleaner b 1 0 ;z Air conditioning Conversation 60 unit y 50 a 40 30 ' u *at 50t y O' 20 i^ 10 o Industrial or Community-Outdoor, Home-Indoors Machine Operator Source: Departnent of Public Health,A Report to the 1971 Legislature on the Subject of Noise Pursuant to Assembly Concurrent Resolution 165, 1970. r VI. Human Effects Criteria for Noise Control A. Annoyance and mental Health o Several studies have shown a direct relationship between noise exposures and mental health. o A Swedish traffic noise study showed that the proportion of people annoyed increased linearly with increasing noise levels above 50 dBA, based on a 24-hour average. Symptoms such as headache, insomnia and nervousness were closely correlated with the severity of exposure. l o A recent English study disclosed that a significantly higher number of admissions to a mental hospital occurred in a neighborhood having a high exposure level to aircraft noise than from areas receiving less aircraft noise.2 o Other studies link acoustically poor environments with such symptoms as nausea, instability, argumentativeness, anxiety, fatigue and lethargy.3,4 B. Annoyance Noise Level Criteria o The State of California Department of Public Health, citing several case studies and attitude surveys of human reactions to noise, compiled the following tables showing community annoyance indices for residential areas: TABLE I What People Want Location Noise Level dBA Day Night Rural Residential 35 25 Suburban Residential 40 30 Urban Residential 45 35 • TABLE II What People Will Accept Without Undue Complaint Location Noise Level, dB(A) Day Night Rural Residential 35-45 25-35 Suburban Residential 40-50 30-40 Urban Residential 45-55 35-45 TABLE III Estimated Community Response to Noise Noise Level in dB(A) Estimated Above the Acceptable Level Community Response 0 No observed reaction 5 Sporadic complaints 10 Widespread complaints 15 Threats of Action 20 Vigorous Action o The consulting firm of Veneklasen & Associates conducted •numerous community studies of peoples' reaction to various intruding noise levels in residential areas. Their results are depicted in Figure III (following page). FIGURE III Empirical Relationship Between Noise Level andCommunity Response Vigorous �•- legal - action ti Threats of legal action o Widespread or /�. o strong complaints �s.o.. . T � —'�•••--Estimated Probable Average Sporadic or Mild complaints Q 0 \� ^� Estimated Range of Reactions for - Noise is Typical Persons Noti.:eoble Noise is no noticeable _---........... . I I I 30 40 50 60 70 80 90 Adjusted Noise Level (dBA) Responses shown are for continuous daytime, 'nonimpulsi.ve, broad band noises in quiet suburban neighborhoods, with windows open, where residents have had no previous exposure to nuisance noises. Reference: - Paul S. Veneklasen & Assoc. , "Noise Impact Study for Proposed Orange County Water District Desalting and Water Reclamation Plant", Environmental Impact Study for the Orange County Coastal Project, .Tune, 1971. 12 C. Sleep Disturbance o The physiological and psychological effects of sleep inter- ference are well documented. o Acute loss of sleep may impair performance of certain kinds of tasks. Jobs that require short-term memory and high- speed processing of information are extremely sensitive to small amounts of sleep deprivation.5 0 Chronic loss of sleep can cause psychological distress. Severe sleep disturbance precedes and accompanies most psychiatric syndromes, and complaints of sleeplessness are among the most frequent symptoms presented to the general . medical practitioner.5 0 Prolonged sleep loss can lead to transient but severe psy- chological disturbance in which the subject experiences vivid visual hallucinations, delusions of persecution, and disorientation for time and place.5 o Noise can of course awaken the sleeper, can shift him from a deeper stage of sleep to a shallower stage or can deprive him of the sleep period which is connected with dreaming and which is thought to be most important to mental health.6 o It is claimed that people adapt to sleep disturbance by noise. However, this is mostly illusory-4 Studies have shown that the sense organs are just as sensitive to stimuli during sleep as during iiake£ulness. Responses in EEG, heart rate, blood flow and skin resistance show very little adaptation. D. Noise Levels Which Disturb Sleep 0 The exact noise levels which prevent or interrupt sleep are dependent on many variables: the person's age, stage of sleep, motivation to awake, prior degree of restedness and over-all emotional health. o However, noise disturbs sleep in direct relation to its intensity. Figure IVsummarizes information from several studies, and shows that a significant fraction of the population (30 percent and more) may suffer some form of sleep disturbance if the level of intruding noise in their bedroom exceeds 45 dBA.4 (next page) r FIGURE IV Noise Levels Which Disturb Sleep AWAKENING AWAKENING l SINOVERALL FROM STAGE 11 GLE P{OISE 300 SINGLE NOISE 90 LLJ 80 d 70 ® "NOISE WAKES mE UP" a 60 2 12 30 NOISES 1 Z 5p © "NOISE KEEPS w / tAE FROtA GOING U Q TO SLEEP" 40 j � 30 NOISES W 0- 30 A� AWAKENING ' 20 / STAGES III & IV SINGLE NOISE 10 o- o IN 10 20 30 40 50 60 70 80 90 100 110 120 dBA- INDOORS- BRIEF SOUNDS (UNDER 3 MINUTES ) Note: Roman Numerals II, III, 'IV, refer to sleep stage from light to deep sleep. "Awakening," Stage II & III, curves are derived from laboratory studies of normally rested young adults, "Awakening, overall single noise" curve based on 3.50 persons tested against 3-minute sounds in their own bedrooms. "Noise wakes me up" and "Noise keeps me from going to sleep" curves are based on questionnaire studies of people living near airports. y1 E. Interference With Speech Communication o Interference with speech communications can degrade interpersonal relations, reduce learning in the class- room, prevent the accomplishment of job tasks and detract from the enjoyment of entertainment. 0 The standard acoustical design limit for classrooms is 52 dBA. For other building uses, the following criteria are generally accepted by architects and acousticians.6 TABLE IV Noise Levels That Barely Permit Reliable Conversation at Various Distances and a Normal Voice Level Distance Between Level of the Speaker and Listener Interferring Noise Feet dBA 1 75 2 70 3 66 4 64 5 62 6 60 ' 10 56 20 50 F. Physiological Stress Reactions to Noise o Sudden unexpected bursts of noise will produce measurable physiological stress reactions, including changes in blood vessel diameter, cardio-vascular blood pressure and volume, heart rate, respiration rate, pupil size, sweat gland activity, endocrine gland excretions and other neural and body activities. These responses are sometimes designated as "arousal" or "stress" reactions, and are difficult to distinguish physiologically from responses which occur in emotional states such as fear or anger.7 o The body "adapts" to continued elicitation of the arousal response in a detrimental manner, establishing new basal levels of function rather than returning to pre-existing normal levels.8 o Chronic overstimulation of the arousal response could result in cardiovascular disease, hypertension, equilibrium disturbance, increased susceptibbiliitylto disease and in- creased rate of birth defects. > > o The level of noise required to produce physiological effects varies, but the threshold of stress response is at about 65 dBA and becomes pronounced at 80 to 85 dBA.12 G. noise-Induced Hearing Loss o Exposure to sound levels of 75-85 dBA can cause a temp- orary threshold shift in hearing, with normal hearing acuity returning gradually after the noise ceases. For ' example, exposure to 85 dBA sound levels, continuously, for one hour can produce a 10 dB temporary hearing loss; while 75 dBA for 3 hours and 20 minutes can produce a similar 10 dB loss. If the conditions leading to temp- orary loss are repeated frequently enough over a period of years, some degree of permanent loss could result.4 o The higher the noise level, the shorter the period of time required to produce both temporary and permanent hearing loss:' The legally established federal maximum allowable unprotected noise levels for occupational exposures are as follows:13 III . 16 ,. .• • TABLE V Occupational noise Exposure Limits Duration per Day Sound Level Hours dBA 8 90 4 95 2 100 1 105 1/4 or less 115 o It is revealing to note that a recent 10-year survey showed that 30 percent of the workers exposed to noise levels within the federal limits experienced significant hearing loss.14 H. Summary of Human Effects Criteria o In summary then, limits for noise control can be based on one or several of the aforementioned criteria, depending on the goal desired. With respect to the effects of noise on people, these objectives can be arrayed as shown in the following table. TABLE VI Human Effects Criteria for Noise Control Noise Levels at Which Harmful Effects Begin Objectives to Occur, dBA Prevention of Hearing Loss 75 - 85 Prevention of Extra-Auditory 65 - 75 Physiological Effects Prevention of Speech Interference 50 - 60 Prevention of Interruption of Sleep 45 - 50 Satisfying Subjective Preferences 35 - 45 r 17 VII. Noise Levels Encountered in Orange County A. Results of Community Studies o The Orange County Health Department conducted community— wide surveys in three cities during 1971 and 1972. These surveys disclosed the following typical "residual" noise levels (background all-encompassing noise, •excluding transient no of brief duration) : TABLE VII Residual Noise Levels, Orange County Communities Noise Level, dBA Night Day Very quiet neighborhood, far from main traffic routes 35 45 Fairly quiet neighborhood, 45 55 some nearby major surface routes. Noisy neighborhoods, near 55 65 freeways or industries o The above-cited figures are for residual noise levels. Considerably higher levels occur intermittently from various sources. Some examples, based on our measurements, are as follows: r I TABLE VIII Examples of Noise Levels from Common Urban Sources (Actual Measurements in Orange County) Average Noise Level, dBA Freeway Noise, 100' from traffic lane 70 - 75 500' from traffic lane 55 = 60 Aircraft Flyover Take-off, A4, 500' 94 Landing, F4, 500' 90 Municipal Tractors, operator's hearing zone 98 Refuse Truck, 5 ft 90 Compressors, 5 ft 90 Power Mowers, 5 ft 96 Residential Lawn Mower Motors, 5' 90 - 95 t Air Conditioners, 10' 60 Passenger Car, 50' 75 Household Rock-n-Roll Band 108 - 114 Food Blender 76 Garbage Disposal 80 Clothes washer 78 Dish Washer 75 Vacuum Cleaner 75 B. Noise Levels Producing Complaints o The following noise sources and noise levels have been implicated in community complaints: TABLE IX Noise Sources and Noise Levels Producing Complaints (Measured at Complainants ' Premises) Source Noise Level, dBA Motor Raceway, Oval Track 65 - 75 Railroad Refrigerated Car Compressors 68 Chemical Plant 55 Air Conditioner, Commercial Building 68 Pneumatic Impact Hammer 73 Public Address System 61 Oil Field Compressors 56 Home Air Conditioner 66 Commercial Air Conditioner 53 Car Wash 75 Home Air Conditioner 50 Woodworking Industry 45 Commercial Refrigeration System 56 Dog Kennel 40 - 50 Garden Grove-San Diego Freeway 55 - 75 Steam Plant (Seal Beach) 60 c VIII Features of the Proposed Ordinance A. It would Establish Quantitative Noise Level Standards for Residential Properties o The exterior permissible daytime standard (6:00 A.M. - 11:00 P.M.) noise levels may not exceed: 55 dBA for more than 30 minutes in any hour, or 60 dBA for more than 15 minutes in any hour, or 65 dBA -for more than .5 minutes in any hour, or 70 dBA for more than 1 minute in any hour, or 75 dBA for any period of time. o These limits would be reduced by 5 dBA for impact or simple tone noises or for noises consisting of speech or music. o The permissible nighttime (11:00 P.M. - 6:00 A.M. ) noise . level on any residential property would be 5 dBA less than the daytime standard. o The interior noise levels when measured within dwellings during nighttime hours (11:00 P.M. - 6:00 A.M. ) shall not exceed: 45 dBA for more than 5 minutes in any hour, or 50 dBA for more than 1 minute in any hour, or 55 dBA for any period of time. o In the event the measured "ambient" (background) noise level exceeds the specified maximum levels, the ambient itself then would constitute the maximum permissible level. o The above numerical standards are derived from: 'o Noise measurement data compiled by the health Department in three city-wide noise surveys (Fountain Valley, Costa Mesa, Seal Beach). The great majority of neighborhoods studied have ambient sound levels below the proposed 55 dBA clay and 50 dBA night standards. o Human effects criteria for annoyance, sleep disturbance, physiological stress and speech interference developed by scientific studies and reported in the literature. (As summarized in Section VI above). 21. 0 Measurements of noise levels implicated in actual comp- laint situations investigated by the Health Department (See Table IX) . The great majority of complaints were prompted by noise levels exceeding the proposed standards. o However, if the ordinance is enacted, it would be necessary to conduct noise surveys in the communities covered by the ordinance, so as to more accurately determine existing ambient noise levels and to establish more precise standards for each area. o The ordinance is designed so that future amendments, incor- porating such precise standards, could easily be added. B. The Ordinance Would Regulate All Common Noise Sources Over Which Local Government Has Jurisdiction, such as: o Air Conditioners 0 Rock music o Lawn mower engines 0 Woodworking equipment 0 Model airplane engines o Barking dogs 0 Testing of Engines (vehicle and aircraft) o Race Tracks (auto and motorcycle) o Swimming pool pumps o Construction equipment (at night) C. Some Noise Sources Would be Exempted from the Ordinance: o School bands and other school athletic ev6nts• 0 Licensed outdoor gatherings o: Emergency vehicles and equipment o Construction work in daytime 0 Mobile agricultural equipment, daytime only o Agricultural equipment used for frost protection r 22. o Any activity pre-empted by federal or State lacy (such as motor vehicles on public roads, aircraft, etc.) o Sand & Gravel operations, daytime'only (for 10 years after enactment. of ordinance) o Existing air conditioners would be given an 8 dBA increase in the basic standard (for 5 years after enactment) D. Noise Which Unduly Disturbs or Interferes With Schools, Hospitals or Churches is Prohibited. E. Other Provisions o There would be a 90-day delay in enforcement of the ordinance, after its enactment, with regard to fixed noise sources. o Variances could be granted to a violator, extending the date of compliance, if warranted by economic, public interest and othei considerations. o The Health Officer would be authorized to enforce the ordin- ance, including the right to issue citations to violators. F. In Addition to Control of Nuisance Noises, the Ordinance Could be Used as a Land Use Planning Tool, With the Noise Standards Being Applied in the Following Ways: o To serve as guidelines in applying appropriate zoning to areas adjacent to residential neighborhoods. o To determine whether residential zoning should be applied to •land adjacent to known noise sources, such as freeways and factories. o To help establish precise development design criteria such as set-back distances of residences from noise sources and the design of sound barriers. o To serve as noise emission criteria for engineers, designing freeways and factories in residential areas. G. If Enacted By The Board, It Is Hoped That Each City in Orange County Would Adopt a Similar Ordinance So As To Effect a Uniform County-wide Noise Control Program. REFERENCES 1 Fog, H. and Johnson, E. , Traffic Noise in Residential Areas, National Swedish Institute for Building Health, 1969, cited in Ref. 6, Supra. 2 Abey-Wichrama, I. et.a1. , "Mental Hospital Admissions -and Aircraft Noise", The Lancet, December 13, 1969, pp 1275-1278. 3 Rodda, M. , "Noise", in Rose, J. (ed. ), Technological Injury, New York, Gorden & Breach Science Publishers, 1969, pp 165-183. 4 Miller, James D. , The Effects of Noise on People, U.S. Environmental Protection Agency, NTID 300.7, Washington, D.C. , December 31, 1971. 5 Williams, Harold L. , "Auditory Stimulation, Sleep Loss and the EEG Stages of Sleep", in Welch, Bruck L. and Welch, Annemarie, Physiological Effects of Noise, Plenum Press, New York, 1970. 6 State of California, Department of Public Health, A Report to the 1971 Legislature on the Subject of Noise, Pursuant to Assembly , Concurrent Resolution 165, 1970. 7 Kryter, Karl D. , "Non-Auditory Effects of Environmental Noise", American Journal of Public Health, Vol. 62, No. 3, March, 1972, pp 389-398. 8 Welch, Bruce L. and Welch, Annemarie, Physiological Effects of Noise, Plenum Press, New York, 1970. 9 Jensen, Marcus M. and Rasmussen, A.F. , "Audiogenic Stress and Suscep- tibiliEy to Infection", in Welch, Ref. 15,. Supra. 10 Arguelles, A.E. , et.al. , "Endocrine and Metabolic Effects of Noise in Normal, Hypertensive and Psychotic Subjects", in Welch, Ref. 15, Supra. 11 Rosen, Samuel, "Noise, Hearing and Cardiovascular Function", in Welch, Ref. 15, Supra. 12 Jensen, G. , "Effects of Noise on Physiological State", Proceedings of Conference on Noise as a Public Health Hazard, American Speech and Hearing Association, Washington, D.C. , June, 1968. r 4 DATE...a�L9/. 1i1 .... TO:- M ❑ MAYOR ❑ GEN. SERVICES ❑ COUNCIL ❑ LIBRARY ❑ MANAGER ❑ MARINE SAFETY ❑ ASST. MGR. ❑ PARKS & REC. ❑ ADMIN. ASST. ❑ PERSONNEL ❑ ATTORNEY ❑ POLICE ❑ CI,TY CLERK ❑ PUBLIC WORKS E@lMoMM. DEV. P ❑ FINANCE ❑ FIRE ��/� �1 y ,T-4� O 4 \ Jr FOR:❑ N & D]S�POSITIO`tJ� $ a� ILE i O RMAT ❑ REVIEW & COM ENT�"L`+` iu� Cl ❑ RETURN REMARKS:...v,..lqw .. .. 11R'S4_ ...� ._.. ................. ...v........ �r . ftmg...1NvTi. %�....'.`.�slY.......... 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BE I: ORD%INED Iy the TO,".. bo g lrfmbdat'.r car at rap u' .m1 cq cat of peddlers, :hip C:unc)I ,f the Toeli,hio of t•ns2 whill":umr Imufxr 'hants ha.kIls, ate seml•xs vh•ch Sparta in the Cnanly Of Sussex, n•C•tsa.j ter"n.,noutt hearing- culUrhS •Ire reucte and quiet of Sate if New Jersey, use follow: for the p^cum or Fos-ns whi tea ne.,:hhnthsnd. .11ITICLE :—SOISE or,, in Ihs r••••I or )ch'cle In 'll)Lanni, B•'11Y, Died III, like. The I4.9 F;ndmq. lead'DeefDnfu•n vh:ca aurh mtsipne or device ube of any t'rum. tell. hum. it •s hereby Fund :urf declared u nn2m1,.11 Del vie) an vohtll. luudspeukar orother Instrument than tarry N.11ners Ih;rM. Ties riper- er dui lea ter the putpube of (a) The nrr_s:nce of [cull raises atfon of any .itch net tnbtru. w rao.ae Attention to arty por. ;a the T)vn..uive .of Sr.ata ran, went phrm•tmph, machine, or f,Imatlu. sdtow, ov sale, or el; - s:?ue" a de•nment to punt:, lualrh. device herie,.a tit^ boom of play, of merchandise by any cpmrrt sax,,. cad a-Ifart of the 10.00 P.M. rat! 7:v0 A.M. in rr wren ••I n.:sa or sound. res dens of do! 'raunsmo of Sraum such a manner as to be plainly ell) +doriln Load sneakers. The use (b) .tz a matter of legislative audible at a damnce of fifty el mechanical Ionia speakers or eNterm'n=1cn and bubl'c policy, the (50) feet from the building -inpilfUrs ea ven:cles or air. provIS.egs, rerta'aeions, and ptohabl. structure, or Vehicle in which craft for tonsmarlai aduertis. lh•rs of th s ord.rince am In POND' It is located shall be prim., utg purposes. aice tic and for the purpose of sacur• facie evvleres of a vloation (%:) titling, Shouting. and the like. Lng tied promoting the public of this section. Yellin,., bhoat:ng. hout:ng, reline, health. commm crnven once, safety. (3) L,nul Spe.,kem :mpidl•rs for fling, or sm?uet en the public and uei:are aad the peace and quiet A•lrertfsing. The use of any b-rces at arty time or place of the Towmidp of Sparta and As radlo r2c8rfna set, mus'cal s as to annoy or disturb the Inhabitants. instrument. phnnoimph. loud. quiet, comfort, or repose of 3040 Dertmtirns speaker. x^u:id ampiuter, or Persons in dry office, dwelling, As itself it.. this ordinance. all oth^r machine or Vetere for the hotel, motA. or other type of ac,uslical ster.'s and terms bhail producing pr rppmducing of rutdence or of any persons in ha'•e the rrnaings set forth in the sound vh:rh Is cast upon the fit- tfobarty. (Crass Reference: publication of the United States of public streets Ar the Purpose of For responsibdty of jmende Arnerlca Standards Institute, New commercial idterlsm¢. rarhes, see Section 10.24 et York. Xow fork. rnlitld "Ac'wstical It) An:mals. Bi:ifs, Dtr. The ko.p. seel of these Revised Ord. TOO' ology" USASI SIS-INN: ell atg of any aulml or bird which notes). cotapment used In maklag acoustical I•y causing Finaont or Ion% (c) If any person who he Dot A ingasurmgn:s sbtal meet or excoed cnntnuml noise shall disturb the exempted under the provisions of the the requirements set forth in the confer or VIr;5- r[ pens^ns ord+nano: shall cause to us made publicntion of sold Institute crt tted residing 1, the vtdaity. (For any of the noises prohibited under 'Spc,kinHaa for Central Purpose further pr^vsfens. see Sartmm this artrcle, and If sa.d noses shall Sound Level Meters", USASI Sla. 4.21 of thcs2 P.evise7 Otdi- be retired to be in violation of the MI. ord all such measurements no paces). sound levels prescribed tinder Arti- made sIntl be made is full accord. (5) I::hausls. The d;schnrge Into Ole 10.11. said proof teliall be stir. Once with the methods and procedures the open air of the exhaust of fmient to prove a violation under this sit forth to L'Se1St SLp_•19a21 entitled any Intrmal combustion engine article. alga-Cs for d+e Physical pleasure, except for-ugh an adequate rpm(- 30.13 Exeuptions. ment of Srnnd". fler or other device veldch will (a) The p(ohiblifons contained in 30.11 Prohibited Sound Lerels effectheey.ptavent loud or on. th.s Ordinance shall not apply to (a) No rer;On sball cause to be plosiva noises therefrom. (See persons. Miele, dertdly or lealimely, by any R S. 39:3.70 for State Law re. (1) vho am engaged in the perform. mans wl'atsietcr except :ehlcles vard:ng mufeler requirements once of any public or govem. whether rrec:aainl or not, any on motor vehicles). This 1n. mental function such as the sound that caber. eludes by way of example and strundutg of a church or school (1) ExcIc is the foiicwing measure- not by tray of limitation, inter. bell, or a Polee, fire, =but. mens on the A weighing scale of nor combustion engines Power- once. air raid or I:ku disaster the sound lolel ratter when measur. Ing motor vehicles, laid mow. warning,alert,or alarm, wheeh- ed at any pA it on the complainant's ers and chain saws. or such alarm be for an actual rop+ v; s) Loadhir, and I'nlosdint. Thu emergency purpose or for prac. D E'0 ded1,01 (d2A) between the creation of a Inuf and excessive tics or dolling purposes; boom tit :1,0 A.M. and 10:CO P.M. noise In ccnaection with loading <3) who are engaged in a reltglotu, (U) 50 dec!bets (dBA) between the and uninading any vehicle Or charitable, recreational, dvte,or hours of 10 a) P.M. and 7e00 A.51, fire opening or destruction of Political activity by means of _t Exceeds the following measure- balms. boxes, crates. and can. a sound truck or other ampll. meats on the A weighing scale of la=lets• lying device, for nog•proit for. the scured level meter when measur. (7) Construction or Repairing at Pobes, Provided that such per. ed In the center of the room where Bultiings. The erection (irclud. sops shall have first filed with the complaint Originates: ng exca:atmg), tremo'dic'. at. the Township Council an applies. (1) 30 dec,lels (dBA) behveen the teratfrn, or r'pair at any build• lion for a permit setting forth been of 7:01 A.M. and 10:00 P.M ing other than tetween the hours the sponsorship,date,hunts,and UD 40 decibels (dBA) between of 7:0) A.M. .ad frog P.M. on routes of such activity and the the boon of I0:00 P.M. wit 7:00 neck days. except In ease of Conned shall have issued a per. A.M. urgent nectsrhy in the interest 7nit after having ascertained (b) A nose measured or cegis. of public hsaith %ad safety, and that such activity is not m coo• tere4 fmm a oldcle within Townshr, Own only with a Parrott from Blot in tams of hours, mute. limits a: a distance of at least 25 the £uiilm; lnspeetac, which traffic volume and tare factors, feet from the raise source locatett PermA tray he Fronted for a w.th any outer previemiy sched- vtith:.n the public reghto4way shall period not to mcerni thme (1) Well activity; not exceed 83 decibels (dBA) on the darn or less while the =or• (3) who are engaged in a" a, A weilhi., scale. gency continues and vddch per, tfvlty specifically permitted or 10•1: Sp•cehe Nnlse Problbil)uns met may be reneuve•l for a pe- recu'tred by any umat,ance, migo- la) Cndesx exempted under the tied of three (3) days or less luting, statute, or governmental pro%lsfone, of this ordinance, no per. whop the emergency continues. regolateon. son sball cause to be made. directly IS) BloOrm, Fiats, Pumps. The tills 10-14 (A) renntfy or indirectly. any loud sole_ which of any blrvveq (an, or pump• The provisions of Section 1.9 of e storbs, Wure�q or endagen the or engine or malcr in connection these Revised Ordinances shall by health. CUmlort, safety, or welfare therewith, inc!uhwo by way of applicable 1n the Article. of otle m w'hfn the Tmvensbip of example anal not by way of 10.11 (B) Repealer Sparta. Invitation. air cond'ticning Sys- The provisions of Section- 1D-9 (b) The t iFm mg specific nets Iems, compressicri cevlces, and through 30-14 in the revised oml- an declared to be land. eltdurhing Pool f9ter systems, If such use notices of the Totashire of Sparta and urnecas,ary nplses in violating creates land, penetrating. or are hereby repeafxi. of this nN,pance,but sold enumem. continuous noires that disturb ADTICE Hop Stich rut be deemed to be ex• the cmmcrt or repose of pasnns NOTICE Is hereby given that the c'usfte: residing in the vichtity, above mentioned oNsance was in. (1) fin:es. S,gpitln' Desicm, RIO. Ito Schools. Comas. Cpurthrs. nos. trounced and passed at Oat reading ' Tl.e srund.ng of any learn or P'ta'v. The Cr.,3H al of any ex• at a m:et:ag of the Toumhip Cplin- si;ralcsg devici on any auto- cesshe nnlse ad;ac^nt to any ell of the Township Of Sparta, held nt bite. natrrcyei,,, ties. truck, school, 91sLtu':on of learning. on March 1% 1072 and xdl he can. or other tettlele on any street, house if vorseap, or judicial sidererl for find passage at a meet-- rd. or putfic place. Uncept as court uhao the same are in use, Ing to he held on lhirch 28, :972 a "AM-14 pursuant to the or adjarfn; to any ho,vdal nt the .lL••Ndpal Budding, 0 hlaln ' proels:en; of RS. 39: 3. 0. olecb inrrastmably inteneres Street. Sparta. N. J. at 0:03 P.1I. ,ohs•te or other dn:ce upemiet vdth Igo rv::Y.tits of such In. at nbtch t'ne and place all Persons tv engice n haves; and this use s:dutmn. or uhxh dstunts or Interested thereat or affected there• o`'. any wick s;_nainu detfre unduly rrnn0s patients :u the by oAI be given an opportunity to be uh••n trlLe Is for any reason hospital, Prov"del conspreuous hoard concerning the sine Wit or,. +.gas Dry dsala)M on ,,, ad- BY ORDER OF TIeF, TOWNSHIP (2) Rodin and relrvistnn Sets, jacent streets uieC.trg that COUNCIL OF TFfE TOIVNSIBP OF Phmpgeas?v, Le. The Im or the scone is a soh.th Pcipimt SPARTA. radio Cr hl.+•isirn retrwmg church, or count suer[. (NOTE: NOR1fA B. SISCO, sits. mm,,red Ul,tvm:cat. phuno- ror State 9ta:ute creating a Towmhip Clerk graph. or other machine or duor_erly P^rscns oheme for Mar. 19, 72-PF still DO)NOT REMOVE TO: E)MAYOR LIBRARY COUNCIL MARINA PARK MANAGER MARINE SAFETY ATTORNEY Q PARKS & REC. BUILDING Q P ONNF-L CITY CLERK ING ED P114ANCP F-1 FIRE PUBLI 1 KS ED GEN. SERVIC �tuRq#jks E3HARBOR & IC TIDELANDS 0 FOR:[-prAcTioN & Of SITION`- M FILE FORMATION [:3 REVIEW & COMM 71 Re-ru RN IPU54W REMARKS%. -,................ ......... I.....cl=%g Arkm—A."OU.... .ro.......... ....k.Q,� ).a ....%Al D ................ FROM:'-'W ....................... ......... -W-T%............................................... CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER August 16, 1972 vco ro �1 � fll G%ti t%6.001 -S TO: COMMUNITY DEVELOPMENT DIRECTOR \ a^ FROM: Assistant City Manager SUBJECT: NOISE MEASUREMENT EQUIPMENT The Police Department purchased a very sophisticated sound measurement unit about three years ago in anticipation of State noise measurement standards by the California Highway Patrol . The equipment has never been utilized since the State's vehicle noise monitoring plan was dropped. The device (which cost over $1200) has been sitting on the floor of one of the Police Department offices for about a year unused. Would you like to utilize the equipment as a part of your noise element of the General Plan? It is getting no use now. PH�L);P F. BETTFNCOURT PFB:sh FILE ��� ji / DO'NOT REhIOVE G�Q 1V0 Al ��7 f l�-67, SO • .� i How One City Controls It by H.W.Poston H.W.Poston is Commissioner,Dept. of The ordinance also controls noise H.W.Poston Environmental Control, Chicago, 111. from construction equipment sold for This article is based on a paper pre- use in Chicago.It places noise restrTa sented by Commissioner Poston at the tions on the sale of construction whether manufacturing, business,com 1971 Public Works Congress and equipment but not on the operation of mercial or residential, violates the Equipment Show in Philadelphia, Pa. the equipment, except for hours of ordinance. No instruments are needed a operation.This section has progressive- to determine the vibration. In 1957, Chicago became the first ly decreased noise levels for heavy con- The city's Department of Buildings city to enact a noise ordinance setting struction equipment. in cooperation with the Department of numerical limits for noise levels at zon- Decibel regulations governing noise Public Works and Environmental Con- ing-district boundaries. It still serves as at construction sites are not included trol is currently studying how to Ion- a model ordinance for community in the new ordinance. Testimony pre- trot noise emanating from all types of noise control. This innovative ordi- sented at the hearings indicated the buildings. These studies will result in nance answered the existing needs of need for more technical information public hearings to update the existing the city. However, construction before regulating noise from construc- ordinance to provide a quieter environ- soared traffic increased air condition- tion equipment. ment. ers proliferated and urban noise levels Realizing the lack of technical data, Chicago's Department of Environ- increased. our department has begun to evaluate mental Control includes an enforce- Realizing the need for stronger, noise at construction sites. A survey ment division and engineering division, more encompassing noise.legislation, team is collecting noise and vibration totaling 15 people. The enforcement Chicago retained Bolt, Beranek and data at all major construction sites. division enforces the ordinance. The Newman to evaluate its urban noise Information relating to size, type and engineering division provides technical problem. Hearings by the City Coun- duration of the operation is tabulated. backup for the enforcement group and cil's Environmental Control Commit- If a contractor is operating equipment supplies noise-engineering services to tee followed. Our new noise ordinance with an unmuffled exhause, he can be other city agencies. took effect July 1, 1971. Because it cited for disturbing the peace. We have purchased eight sound- sets quantitative noise limits for dif- The ordinance forbids the use of monitoring systems to enforce the ferent noise sources,it is unique, homs or audible signal devices on ordinance. Sound-measuring equip- This new ordinance covers the prin- motor vehicles not in motion. With ment has also been acquired for special cipal component of urban noise, proper public education and enforce- noise studies around the city. This motor vehicles. One provision forbids ment, we hope to reduce this problem portable equipment is mounted in a the sale, or offer for sale; of vehicular in the near future. mobile sound laboratory. equipment exceeding specific noise Noise emanating from buildings in During the first month of enforce- standards. Manufacturers must certify business and commercial districts will ment our department issued 222 that products meet the restrictions of be measured at the boundaries of the tickets to violators. Fines ranged from the ordinance. By 1980, all motor lot and cannot exceed 62 decibels. $15 to $300 for the first offense. All vehicles sold for use in the city must This includes noise from such activities violators are subject to a court appear- not exceed 75 decibels. as production, processing, cleaning, ance and the court's ruling. While the manufacturer must meet servicing, testing and repair of materi- Although Cbicago has assumed lead- certain requirements, operators and als,goods,or products, ership in urban noise control, many owners of vehicles must keep them in In residential areas,noise from build- areas still exist where additional work good working condition-so they will ings will also be measured at the boun- is needed.These include: not emit more noise than the manufac- dary of the lot.Total noise levels from • Aircraft noise, a real source of turer intended. No modifications may residences cannot exceed 55 decibels, annoyance to many citizens who live be made to increase sound. Separate In districts zoned as manufacturing near O'Hare Airport—the world's noise limits have been placed on (light to heavy), noise from buildings busiest airport. At present,federal reg- vehicles traveling under and over 35 is measured at district boundaries.The ulations prohibit the city from con- mph, noise limitations range from 55 to 61 troling noise from aircraft once they Another motor vehicle section limits decibels. Where manufacturing zoning leave the ground. noise from off-the-road recreational boundaries meet business and commer- • Surface transportation vehicles, vehicles. These limits apply both to cial zoning boundaries, the noise limit especially those used in interstate trav- the sale of new equipment and its is also measured at the boundary dis- el. No uniform federal regulations now operation in the city. The ordinance trict and ranges from 62 to 66 deci- exist. also controls noise for boats operating bels. • Mass transit systems. When federal on the rivers and lakes within the city Any vibration felt beyond the prop- funds become available, abatement of limits, erty line in any zoning district, noise should be of prime importance. 8 APWA Reporter,September 1972 TOP of thL NEWS • unumuvuwmwouunuuuciwunwinnunuuuouwwwiowuunm4wuunwowwmwonunununwuuuulomumwrcwwuuucuuuwu�anuxxwcuxvdtury OREGON'S CONTROVERSIAL 44BOTTLE BILL," which would levy a five-cent deposit on most beverage cans and bottles and outlaw the pull-tab opener when it• takes effect Oct. 1, was declared constitutional by Marion County Circuit Court. Twenty plaintiffs—consisting mainly of national brewers, regional bottlers, and major can makers—have indicated they will appeal the ruling. 0 THE SENATE PUBLIC WORKS COIR ITTEE ordered reported a new highway bill that would reduce annual authorization for the Interstate System from $4 billion to $3.25 billion and extend its completion to 1980. It would also create a small urban system to assist communities between 5,000 and 50,000 population and establish a program to build bicycle paths, pedestrian walhwtays, and equestrian trails. 0 THE COUNCIL ON ENVIRONI-MITAL QUALITY in its annual report to the President says that 4 29% of the country's streams and shorelines were polluted in 1971 , compared to 27% in I 1970. CEQ says it will take more than $87 billion in new spending to stop the back- sliding and control water pollution. I 0 SIGNING VIC I4ATIOIIAL DAII INSPECTION ACT into law, President Nixon noted its failure to provide appropriate state participation. Ile directed the Secretary of the Army to work closely with state governments, which were largely ignored as the bill zoomed through Congress, 0 THE HOUSE PASSED BILL HR 16071 which amends the Public Works and Economic Development Act of 1965 and provides $3,2 billion in new authorizations. Major features of the bill include an extension for one year of the public facilities grant program, expansion of the accelerated public works program, changes in economic development eligibility criteria, and increased authorizations for "Title V" Regional Commissions. 0 CONNECTICUT'S STATEWIDE SOLID WASTE DISPOSAL contractor, The General Electric Co., is working on phase one, the design of the system employing existing, compatible facilities wherever possible. Goal of this unique plan is resource recovery without environmental degradation. 0 AN AIRPORT BILL THAT WOULD increase federal matching construction funds from 50 to 75% for all but the largest U.S. airports was passed in the Senate. The measure is designed to help small and medium-size cities pay for airport development without imposing head taxes on airline passengers. 0 THE SENATE PUBLIC WORKS COMITTEE has approved its version of 1972 federal highway and safety legislation (S393) . Total funding has decreased to slightly-more than $7 billion a year, The House is not expected to report the bill until later this month, and its version could differ greatly from the Senate Bill. 0 THE NATION'S FIRST liquid metal breeder reactor may be started in time to meet ` President Nixon's 1980 operating deadline, The $500 million project, which will produce It about 400 milliwatts of power and more fuel than it consumes, needs approval of the Congressional Joint Committee on Atomic Energy. After such approval, further study remains before construction can begin. PENDIIIG COI4fUNITY DEVELOPMENT LEGISLATION will, if passed, soon place upon local chief executives major new responsibilities for planning and managing HUD program resources. This information came in a memo from HUD which directed its regional admin- istrators and office directors to make clear to local chief executives that they must begin planning soon for the use of block grant funds for community development. APWA Repottet,September 1972 7 �k i If additional money become&- able, Chicago will undertake the fol- lowing noise programs: • A noise inventory combining resi- dential, commercial and industrial areas in a one-half mile square section Fasl*r of the city as a preliminary study for a city-wide inventory. This information could help establish a baseline to eval- uate the effectiveness of our noise con- pl * • • trot program in the future. • A permit system to prevent poten- in tial noise sources from being built into existing or new structdres and pro- ducing noise problems, particularly in residential areas. ith the CONGRESS GETS TOUGHf I'i'ck _�i " WITHNOISE The Federal Government is taking some giant steps to alleviate the prob- lem of noise pollution.Presently under consideration by the Senate Public Works Committee is the Noise Pollu of a kh - tion Control Act of 1972 (S. 3342) which, if passed, would markedly reduce the amount and level of noise assailing the ears of U.S, citizens. Purpose of the bill is to establish a means for effective coordination of Federal research and activities in noise pollution control, and to establish noise emission standards for new products. It would also support State and local programs for control of noise levels. Part of that support would come in the form of subsidies to noise pollu- tion control agencies in an amount up l w to two-thirds the cost of planning, developing, establishing, or improving, and up to one-half the cost of main- taining programs for the prevention o _ and control of noise pollution. The act would give broad powers to •xow.ic•caxinoc the Environmental Protection Agency. EPA, working in conjunction with appropriate Federal, State,and munic- Now snow removal is quicker and easier—thanks ipal agencies, would formulate noise Meyer Electronic Power Pack. level standards and set regulations to Listen to Buildings "' Grounds Supervisor G, Crum, make equipment manufacturers and • • "Power users comply with the standards. feature is fast, positive plow reaction. Our operator Stiff penalties are designated for vio- 'Electronic'is the • he has seen on any snow plow. lators, with fines running as high as - single • I $25,000 each day of the violation. For the fastest snow plow If' The bill would have special signifi- operation actionfloating cance to the public works field since it installation. For reliability that's factory-sealed against dirt specifically singles out such noise pol and trouble. Specify the Meyer Electronic Power Pack. - luters as construction equipment, It's the greatest in a line of great snow and ice control transportation equipment, any motor equipmentfrom Meyer.See it in action atyour Meyerdealer. or engine, turbines and compressors, Check the Yellow Pages. Or write to us direct. electrical and electronic equipment, MEYER PRODUCTS, and percussion and explosive equip- Ohio 44112. ment. A similar bill has already been passed Got • quick lift fromMeyer. by the house. 1 APWA Reporter,September 1972 9 1 STREAMLINE FOR BETTER BIDS - - And Design To Conserve Energy a By streamlining its bidding and con- 4@ tract procedures, New York City is reducing the time span between bid- ding and completion of its municipal constructiod contracts. Today's jobs attract more bidders,resulting in rela- tively lower bid prices. This assumes increasing importance because the city is experiencing a municipal construc- tion boom unparallelled-in its history. For the three months ending June 30, .' ' 1912„ construction awards there amounted to $250 million,upping the ��"4%;.. . • 11�-w'!-/e""T....• •a1.�. total for the fiscal year to $920 mg- lion. This is more than double that of fiscal 1970.71 and the highest of any - '" year on record for construction of city projects other than housing. Why is New York going through an upsurge in city construction? Chief reason is improved administrative pro- cedures, particularly faster payments contractors. This, coupled wit ec h economic problems faced by the con- struction industry, helped to hold down cost of city projects. Midway through the fiscal year, the number of bidders on projects increased dramat. Contract is now being advertised for expansion of the Bowery Bay sewage ically, and bids came in consistently treatment plant In New York's Burrough of Queens.Originally designed for 130 lower than cost estimates. mgd on step aeration,its present flow is 110.Plans tali for expansion to 1li0 mgd. Contracts for highway work illus trate one example of the improved bid during that quarter. By June 30, Thus, municipal construction projects administrative process. Contractors more than 50 contracts totaling this in the past year amounted to almost must now furnish financial statements, amount had been advertised and most half the total dollar value of work bond documents and certification of awarded, undertaken within the city. willingness to comply with minority ECONOMIC IMPACT In about a year, 25,000 tradesmen employment requirements when they Not only does public construction will be working on city projects,mean- submit bids, rather than after the bids provide New Yorkers with badly need- ing the city itself will provide employ- are reviewed. Thus, compliance and ed governmental facilities, but pro. ment for at least a fourth of all responsibility reviews can take place vides work for a large number of them, construction workers in New York. concurrently with bid review. Sources within the construction While the number of projects reach- Contractors must also follow specific industry estimate that about 100,000 ing substantial completion has not yet timetables for execution of final con- persons are regularly employed In var- peaked, several important jobs were tract documents. ious construction trades within New finished during the past fiscal year. A major key to achieving a massive York, and that overall volume of new The Transit Authority completed construction program, one high in work each year amounts tot1 billion. work on $26.8 million worth of both dollar volume and number of Thus, municipal construction projects improvements to 35 subway stations. contracts,was developing and adhering in the past year amounted to almost The Department of Public Works com- to an orderly schedule of advertising half the total dollar value of work_ pleted a variety of projects totaling for bids. undertaken within the city. nearly $50 million, including com- Such schedules were developed joint- Sources within the construction bitted police and fire station, library, ly by the Office of Director of Con- industry estimate that about 100,000 municipal parking garage, and an struction and the construction agen- persons are regularly employed in var addition to Metropolitan Hospital.The cies for the final quarter of the fiscal ious construction trades within New Department of Water Resources con- year. They listed target projects total- York, and that overall volume of new strutted more than $38 million worth ing $190 million to be advertised for work each year amounts to$1 billion. of sewers and water mains, and the 10 APWA Reporter,September 1972 • } PAUL S. VENEKLASEN & ASSOCIATES FILE / ASSOCIATES 6011sultanta in ogcoustlas JEARY P. CInUBTOFF 1711 SIXTEEN= STREET DO SNOT REMOVE JOSE C. ORTEGA SANTA MONICA. CALIBORNIA 00304 DONAnD E. Mon3E (213) 870-0208 • 303-3703 JAMES w, nYAN 25 May 1971 DUANE R. (aIMMONS PAUL 00NIZALES JERALD It. RYDE nAY VAN DEN DROECE Comments Regarding the Model Noise Ordinance Proposed by the League of Ca i ornia Cities It is with considerable reluctance that we comment on the proposed regulation, because we know that it is the result of conscientious work by friends and acquaintances who are now dedicated to an effort which needs dedication that we would not wish to discourage in any way. Unfortunately, the model ordinance proposed by the League of California Cities was assembled without the assistance of a professional acoustician having long experience in noise control techniques and regulation. Viewed from a thirty year background, there are aspects of the regulation which we feel should be improved in the interest of effectiveness. Therefore, our recommendations are given with the plea that the contributors to the regulation accept them in a spirit of friendly cooperation. The proposed regulation relies heavily on language which is qualitative rather than quantitative in nature. Qualitative or subjective statements about nuisance or annoy- ance to a "reasonable person of normal sensitiveness" we feel are not a sufficient basis for judgment or prosecution of violation. The regulation states that it shall be unlawful to "create any noise which would cause the noise level at the property line of any property to exceed the ambient noise by more than five (5) decibels. . . " We submit that this wording can result in a gradual escalation of the ambient noise level without violation of the regulation; a result which is the exact opposite of the purpose of a noise regulation. We believe that it is necessary to establish specific measurable noise limits for definable areas or zones within a city, and to provide enforcement officers with simple meters keyed to the zones so that they can determine unequivocally when infraction occurs. This approach has been the basis of most effective codes that have evolved during the past fifteen years. We feel that quantitative noise limits must be placed on motor vehicles, which are the principal sources of both specific and general ambient noise in a large metropolitan area. It is usually assetted that local communities cannot regulate these noises because regulations and criteria establishment is pre-empted by the state or federal governments. The most authoritative answer we have heard to this question states that local communities may include in their codes and enforce regulations which are equivalent to those of higher authority. We strongly.urge that regulation of vehicular noise is essential for a useful noise code, because Diesel trucks, sp6rts cars, and motorcycles are among the most general con- trollable causes of noise complaint. We believe that an effective and enforceable noise code will be a performance code, and must be designed to prevent escalation of noise by establishing measurable quantitative limits. " a h PAUL S. VENEKLASEN & ASSOCIATES ,en � ' pePt• ,) v ASSOCIATES \ eonauLfan& In c4aou4flaA 9�y I`� -• JERKY P. CIDiISTOFF 1711 SIXTEENTH STREET JOSE C. ORTEGA " SANTA MONICA, CALTFORNIA 00404 i` (} �gP\•\� CH' DONARD E. WORSE (233) 870-9908 • 303-3703 ^ry`ON?oPl�-\`F'• JAMES W. RYAN 25 771 DUANE n. SIMMONS PAUL OONEALES N JERALD R. TIME RAY VAN DEN DROECI[ Comments Regarding the Model Noise Ordinance Proposed y the League of California Cities It is with considerable reluctance that we comment on the proposed regulation, because we know that it is the result of conscientious work by friends and acquaintances who are now dedicated to an effort which needs dedication that we would not wish to discourage in any way. Unfortunately, the model ordinance proposed by the League of California Cities was assembled without the assistance of a professional acoustician having long experience in noise control techniques and regulation. Viewed from a thirty year background, there are aspects of the regulation which we feel should be improved in the interest of effectiveness. Therefore, our recommendations are given with the plea that the contributors to the regulation accept them in a spirit of friendly cooperation. The proposed regulation relies heavily on language which is qualitative rather than quantitative in nature. Qualitative or subjective statements about nuisance or annoy- ance to a "reasonable person of normal sensitiveness" we feel are not a sufficient basis for . judgment or prosecution of violation. The regulation states .that it shall be unlawful to "create any noise which would cause the noise level at the property line of any property to exceed the ambient noise by more than five (5) decibels. . . " We submit that this wording can'result in a gradual escalation of the ambient noise level without violation of the regulation; a result which is the exact opposite of the purpose of a noise regulation. We believe that it is necessary to establish specific measurable noise limits for definable areas or zones within a city, and to provide enforcement officers with simple meters keyed to the zones so that they can determine unequivocally when infraction occurs. This approach has been the basis of, most effective codes that have evolved during the past fifteen years. We feel that quantitative noise limits must be placed on motor vehicles, which are the principal sources of both specific and general ambient noise in a large metropolitan area. It is usually asserted that local communities cannot regulate these noises because regulations and criteria establishment is pre-empted by the state or federal governments' The most authoritative answer we have heard to this question states that local communities may include in their codes and enforce regulations which are equivalent to those of higher authority. We strongly urge that regulation of vehicular noise is essential for a useful- noise code, because Diesel trucks, sports cars, and motorcycles are among the most general con- trollable causes of noise complaint. We believe that an effective and enforceable noise code will be a performance code, and must be designed to prevent escalation of noise by establishing measurable quantitative limits. FILE COPPY DO 1NOT REMOVE PAUL S. VENEKLASEN & ASSOCIATES ASSOCIATES eonsuLtanta in �{coustlaa JERRY V. CRIUBTOFF 1711 BI%TEENTII STREET JOSE C. ORTEOA BANTA MONICA. CAIWORNIA 00404 DONARD H. MOROR (213) 870-0308 • 303-3703 JAMES W. RYAN DUANE R. SIMMONS PAUL GONZALES JERALD R. DYDE 23 May 1971 RAY VAN DEN DROECE ENFORCEMENT OF AN EFFECTIVE CITY NOISE CODE If a city noise ordinance is to be effective, it must place quantitative limits on the generation of noise. By quantitative we mean that a noise source may be measured with a noise meter and a citation given if the noise exceeds a specified limit. The technical equipment for noise measurement is all available. Quantitative assessment of noise will be on three levels of complexity: 1 . A quantitative noise ordinance will use a measure of noise limitation which can be accomplished in the large proportion of cases by a simple hand held meter that can be regularly carried by law enforcement officers on or in their usual vehicles. The use of the meter and the decisions regarding locale and the nature of the noise source, corresponding to the noise ordinance, can be learned by officers in a bI ief training period (probably three or four sessions) using an efficient training method. This learning program will be less complex than many other features of officer training. The enforcement program will be greatly aided by simple definition and designation of noise zones (such as color coded bands on lightposts) and the keying of meter designation to zone designation. Pro- vision of meters specifically designed for the system will surely follow quickly upon a wise ordinance. 2. There will be certain marginal noise situations which require more sophisticated evaluation. This is a good circumstance, because it forms the basis for an Office of Noise Control having one or more personnel who can: (a) evaluate marginal noise conditions; (b) assist with noise zoning decisions; (c) supervise the training program for officers; (d) assist with the use of the ordinance as a basis for specification of noise limits on new equipment and construction (for example, air conditioning equipment), which is one of the principal long range purposes of the noise ordinance. For the evaluation of marginal noise sources, octave band sound analysis is required. Excellent equipment is available and has been for many years. Since such 1 - . 51 I E evaluation maybe required at many locations, it will be desirable that the Office of Noise Control be equipped with a Mobile Sound Control Station. The city should beware of unnecessary complexity in establishing such equipment. It seems probable that a sing],e facility of this kind can satisfy the needs of the city. Alternately, the necessary activity could easily be contracted. 3. Appeal from citations based on the simple,noise meter measurements should place the burden on the suspected offender of proving his innocence or compliance with the ordinance by having his noise measured, as in the case of a marginal noise source, but by a certified laboratory at his own expense. Thus it should be the objective of a good city noise ordinance to assure that the bulk of enforcement can be carried out by regular law enforcement officers, and that the more sophisticated regulation will assure an experienced professional acoustician who can administer the entire program. 2 U.S. •ARTMENT OF HOUSING AND URBAN DEVELOENT CIRCULAR L1390.2 8/4/71 SUBJECT: Noise Abatement and Control : Departmental Policy, Implementation Re Don ibilities and Standards 1. .PURPOSE AND AUTHORITY. It is the finding of the Department of Housing • an Urban Development (HUD) that noise is a major source of environ- • mental pollution which represents a threat to the serenity and quality of life in population centers. Noise exposure may be a cause of adverse Physiological or psychological effects as well as economic losses. - Accordingly, it is the purpose of Departmental policy to call attention .to this threat, to encourage the control of noise at its source in cooperation with other Federal departments and agencies, to encourage land utilization patterns for housing and other municipal needs that will separate uncontrollable noise sources from residential and other noise-sensitive areas, and to prohibit HUD support to new construction on sites having unacceptable noise exposures. This circular thus provides policy to guide the exercise of discretion afforded in legislation on the various HUD programs. The circular is based on authority provided in: a. The Department of Housing and Urban Development Act of 1965 (PL• 89-174) which provides that the Secretary may make such rules and regulations as may be necessary to carry out his functions, powers, and duties, and sets forth, as a matter of national purpose, the sound development of the Nation's communities and metropolitan areas; and b. The National Environmental Policy Act of 1969 (PL 91-190) which directs Federal Agencies to develop procedures to carry out the purposes of this Act. 2. POLICY a. Foster Standards and Consumer Protection. It is HUD's general policy to foster the creation of controls and standards for �I community noise abatement and control by general purpose agencies of State and local governments, and to support these activities by minimum national standards by 'which to protect citizens against the encroachment of noise into their communities and places of residence. FILE COPY 00 NOT REMOVE - 1390.2 _4 (1) Planning assistance. HUD requires that noise exposures and sources of noise be given adequate consideration as an integral part of urban environments in connection with all HUD programs which provide financial support to planning. This consideration shall be of a form that provides assurance that new housing and other noise sensitive accommodations will not be planned for areas whose current or projected noise exposures exceed the standards cited herein. In this regard, HUD places particular emphasis on the importance of compatible land use planning in relation to airports, other general modes of transportation, and other sources of high noise, and supports the use of planning funds to explore ways of reducing environmental noise to acceptable exposures by use of appropriate methods. Reconnaissance studies, and, where justifiable, studies in depth for noise control and abatement will be considered allowable costs. (2) New construction. HUD discourages the construction of new dwelling units on sites which have, or are projected to have, unacceptable noise exposures*, by withholding all forms of HUD's assistance for such dwelling units. This policy applies also to college housing, group prac- tice facilities, non-profit hospitals and nursing homes. (*See paragraph 4, Standards). (3) Existing construction (including Rehabilitation) . HUD considers environmental noise exposure an important fac- tor in determining the amounts of insurance and other assistance. Within cost restrictions, including those set by market forces, HUD encourages modernization efforts for buildings in noisy environments when such efforts improve the noise exposure environments. without substantially increasing the life of the structure. When modernization or rehabilitation would substantially increase the life expectancy of the structures, it is HUD's policy to apply noise exposure standards closer to those applicable to new construction. (4) Grants and allowances. HUD extends such assistance to State and local governments for the alleviation of community noise as may be provided for by the Congress and as appropriate. Page 2 S/71 '• \ HUD-Wash.,D.C. ' 1390.z (5) Information and guidance (Research and publication). HUD maintains a continuing program designed to provide new knowledge of noise abatement and control to public and private bodies, to develop improved methods for anticipating the encroachment of higher noise exposures and to deal with this encroachment and to foster better understanding of the consequences of noise. Dissemi- nation will be made through appropriate channels. (6) Construction equipment, building equipment and appliances. HUD encourages the use of quieter construction equipment and methods in population centers, the use of quieter equipment and appliances in buildings and the use of appropriate noise abatement techniques in the design of residential structures and other structures with poten- tial noise problems. In appropriate circumstances, HUD will, allow certain additional costs for quieter construc- tion equipment. (7) Acoustical privacy in multifamily, dwellin s. . HUD encour- ages the use of buildina design and acoustical treatment to afford acoustical privacy in multifamily dwellings. (8) Advice and cooperation. HUD welcomes advice and counsel on improved methods for dealing with the noise problem, and encourages cooperation with other units of government as well as with appropriate private and voluntary organi- zations. b. Promulgate Minimum Standards. It. is HUD's further general policy to promulgate minimum standards and guidelines with respect to noise abatement and control , to utilize such stan- dards and guidelines as a uniform national policy to guide HUD program decisions, and to support appropriate existing policies and standards of State and local governments designed for noise control and abatement. In this regard, noise exposures will be divided into three groupings (to be defined in "Standards"): (1) acceptable (2) discretionary --normally acceptable --normally unacceptable (3) unacceptable I� Page 3 8/71 HUD-Wash.,D.C. ' 139o.z — I • 3. IMPLEMENTATION RESPONSIBILITIES a. Assistant Secretaries. Each Assistant Secretary shall promptly incorporate by reference the Departmental noise abatement and control policy, standards and guidelines into appropriate regu- lations, guidance documents, and administrative forms and pro- cedures for programs under his jurisdiction, including guidance for A-95 notification and review. Further, each Assistant Secretary shall evaluate the effects of, and compliance with, Departmental policy, and identify program areas under his jurisdiction in which additional noise control and abatement standards or guidelines are needed. b. Regional Administrators and Area and Insuring Office Directors (1) One-time Report of Existing Problem Cases. Using this policy statement as a common interpretation of existing f HUD program policies, each Regional Administrator based I on surveys by Area and Insuring Office Directors, shall identify active and pending applications in his region j which are problem cases. Any cases for which the Regional Administrator intends to seek an exception action by the i Secretary should be forwarded to the Deputy Under Secre- tary,.along with a draft Environmental Statement. This should be accomplished within 90 days of the effective date of.this policy. (2) General Policy Implementation. Regional Administrators and Area and Insuring Office Directors shall assure that this policy and the prevailing standards and guidelines are implemented in relation to all decisions and recom- mendations taken in their jurisdiction, effective from the date of this policy, and that specialized noise abatement and control policies now associated with indi- vidual HUD programs are conscientiously enforced. � f i !I Page 4 8/71 5 HUD-Wash., D.C. ' T • ' _ 1390.2 (a) Exceptions to this policy, e.g. , the approval of actions in the range of unacceptable noise exposures , are strongly discouraged. Any exception to approve sites with unacceptable noise exposures must be accompanied by a Section 102(2)C Environmental State- ment (see para 3c below), and must be concurred in by the Secretary with the advice of the appropriate Assistant Secretary. Such matters should be re- fe'rred to HUD Headquarters in the earliest possible stage in the decision process. After common inter- pretation has been established, the possibility of further delegation will be reviewed. (b) Authorit to A rove New Sites. Administratively, ecisions wit respect to proposed housing sites with clearly acceptable noise exposures should be delegated to the lowest possible levels within field offices. Certain positive decisions to go ahead with sites with intermediate noise exposures are to be concurred in by the Regional Administrator (see para. 4b(1)• The Regional Administrator shall use his discretion, and if he is of the opinion that an important precedent or issue of national signi.ficance is involved, he shall refer the case, with recommendations, to the Secretary prior to decision. (See also paras. 3c and 4c). (c) Surveillance of Noise Problem Areas. Regional Administrators, Area and Insuring ffice Directors and all field personnel , as appropriate, shall maintain surveillance on possible noise problem areas and advise local officials and planning groups of the unacceptability of sites for noise reasons at the earliest possible time in the decision pro- cess. Subsequent to the cleanup of backlog pursuant to paragraph 3b(l ) above, it is not anticipated that there will be a need to make exceptions to this policy on the basis that the unacceptable sites have been "in planning" for numerous years. Page 5 8/71 ' HUD-Waah..D.C. T 139.0.2 i (d) Assessments and Projections of Sound Exposures. In order to assure adherence to the guidelines and standards, it is the further responsibility of each Regional Administrator to require by appropriate means assessment or authoritative measurement and projections of sound exposures for at least five years (and longer if, there is a factual basis), with respect to applications and projects under review. Recommended measurement and procedures will be provided in the issuance of each new stan- dard or guideline. (e) Notice to applicants. At the earliest possible stage, HUD program administrators shall determine the suitability of the acoustic environment of proposed projects, and shall notify the applicant, existing or prospective, of any adverse or question- able situations. (f) . _Interdepartmental Coordination. Regional Adminis- trators shall foster appropriate coordination with other departments and agencies in the field, parti- cularly the Environmental Protection Administration, —� the Department of Transportation, military base commanders and the Veterans Administration. The field offices of the Department of Transportation should be consulted for data on existing and projected i noise in the vicinity of transportation media, includ- ing airports. c. Environmental Statements. Detailed Environmental Statements, as defined by Section 102(2)C of PL 91-190 and implementing I guidelines of the Council on Environmental Quality and this Department, shall be prepared to accompany any request for an exception to this policy circular and its standards and to accompany requests to approve those cases which fall into discretionary noise exposures which are "normally unacceptable." Final Environmental Statements shall be filed with the Council on Environmental Quality 30 days prior to making decisions on the exceptional cases. d. Office of the Secretary. The Deputy Under Secretary in the ; Office of the Secretary shall review and coordinate the efforts under Assistant Secretaries, and provide Departmental Evaluation of compliance with this policy. Page 6 S/71 HUD-Wmh.,D.C. ' • r • I 1390.2 CN 1 4. STANDARDS. a. Standards, incorporating both technical and policy considera- tions, will be promulgated on the basis of review of the nature of problem cases identified in the regions pursuant to paragraph 3b(1 ) above, and advice from consultants, R&D contracts as appropriate and further study by the Departmental Working Group on Noise. Technical noise assessment manuals may be issued by HUD to provide further guidance on noise assessment and measurement to facilitate implementation of this circular. b. Interim Standards. The following interim standards are established. In applying these interim standards, projected noise exposures shall form the basis for decision. (See Appendix 1 for explanations of terms, definitions, and for background discussion. ) (1) External Noise Exposures: Sites for New Residential Con- struction single or multifamily (See Chart, External Noise Exposure Standards for New Construction Sites, on following page) Page 7 8/71 HUD-Wash,D.C. ' -------------- 1390.2 CHO 1 • CHART: EXTERNAL NOISE EXPOSURE STANDARDS FOR NEW CONSTRUCTION SITES (Measurements and projections of noise exposures are to be made at appropriate heights above site boundaries) GENERAL EXTERNAL EXPOSURES AIRPORT ENVIRONS d6 A CNR ZONE */ NEF ZONE */ NACCEPTABLE Exceeds 80 dB(A) 60 minutes per 24 hours 3 C Exceeds 75 dB(A) 8 hours per 24 hours (Exceptions are strongly discouraged and require a 102(2)C environmental statement and the Secretary's approval) ISCRETIONARY -- NORMALLY UNACCEPTABLE Exceeds 65 dB(A) 8 hours per • ' 24 hours Q B } Loud repetitive sounds on site J (Approvals require noise attenuation measures, the Regional Administrator's concurrence and a 102(2)C environmental statement) ISCRETIONARY -- NORMALLY ACCEPTABLE Does not exceed 65 dB(A) more than •8 hours per 24 hours CCEPTABLE i I. Does not exceed 45 dB(A) more than 30 minutes per 24 hours 1 A I / See Appendix 1 for explanations of Composite Noise Rating (CNR) and 't Ngise Exposure Forecast kNEF). I I 8/71 Page 8 HUD-Wash.,D.C. R 1390.2 (2) Intentrior Noins se Ex osures (for new and rehabilitated resideial cotruction . (Note: the standards listed below are performance standards. The means required for achieving them will depend on, among other things, the external' noise levels, the equipment and layout used in the building, and the noise attentuation characteristics of the building's floors, and walls. These standards assume open windows unless other provision is made for adequate ventiiation.) (a) "Acceptable": Sleepin ' Quarters. For the present time, HUD field personne shou d consider existing and projected noise exposure for sleeping quarters "acceptable" if interior noise levels resulting from exterior noise sources and interior building sources such as heating, plumbing, and air conditioning --do not exceed 55d6(A) for more than an accumulation of 60 minutes in any 24-hour period, and --do not exceed 45dB(A) for more than 30 minutes during night time sleeping hours from 11 p.m. to 7 a.m., and --do not exceed 45dB(A) for more than an accumulation of eight hours in any 24-hour day. Other Interior Areas. HUD personnel should exercise iscretion and judgement as to interior areas othe r than those used for sleeping. Consideration should be given to the characteristics of the noise, the duration, time of day, and planned use of the area. (3) _Insulation Between Dwelling Units (a) "Unacceptable" 111 For multifamily structures, including attached single family units, floors and dividing walls between dwelling units having Sound Transmission Class (STC) of less than 45 are always- unacceptable. l I Page 9 B/71 HUD-Wash.,D.C. I h c — i .v 1390.2 • (4) Other land uses and existing housing. Until HUD estab- llsheS a broader range of noise exposure standards, HUD administration at all levels shall take noise into consideration in the development Of policies and guide- lines and in the review and decisions on specific projects. Wherever feasible, standards along the lines of the above shall be employed in a manner consistent with proposed uses, densities and construction types. c. Philoso h in A licaon of Standards. HUD personnel in the exercise of discretti ion s ou.l be guided by a desire to prevent noise problems from coming into being and by an overall philos- ophy of encouraging the control of noise at its source. Parti- cular attention should be paid to fostering land utilization patterns for housing and other municipal needs that will separate uncontrollable noise sources from residential and other noise-sensitive areas. HUD personnel should encourage use of the A-95 notification and review processes to detect potential noise problems as early as possible. Richard C_. Van Dusen Acting Secretary 4 f • I Page 10 8/71 i HUD-wash.,D.C. ri • 1390.2 Appendix 1 APPENDIX 1, EXPLANATION OF TERMS, DEFINITIONS AND ADDITIONAL BACK- GROUND 1. Measurement and Noise Assessment Procedures. Technical definitions of acousttca terminO ogy s a e t ose contained in the related current documents of the American National Standards Institute (ANSI) and the American Society for Testing and Materials (ASTM). There has been a proliferation of concepts and mathematical tech- niques relating to sound and human response to sound. Fundamental to most all noise assessment procedures are the physical measure- ment of sound pressure and the concept of a level expressed in decibels. (See Appendix 2.) a. Sound Pressure Level Ex ressed in Decibels. Noise ("unwanted soun affects t e uman ear t roug p ysical changes in sound pressure superimposed on the static atmospheric pressure in the presence of sound. Sound pressure has units of force per unit area. When a sound level meter is used, Sound Pressure Level can be determined and expressed in decibels, de. In this case, the decibel is a logarithmic value which is referenced to the faintest sound pressure detectable by the human ear. Those requiring a more precise definition or understanding of these terms are referred to the forthcoming HUD noise assessment manuals for further discussion. In this circular, the decibel values, dB(A), are for those sound levels measured using the A-weighting network of a standardized sound level meter. The A-weighting network most closely approximates the response of the human ear to noise. Relatively inexpensive and portable metering equipment is, j available for purchase or, in some cases, rental. Some of (! the portable metering equipment also permits the accumulation of time for which the noise level at the site exceeds a given i decibel setting. Sound level meters shall conform to the specifications set forth in the appropriate documents of the American National Standards Institute. The sound level meter is useful for measuring steady state or persistent noise and for. identifying maximum sounds of inter- r mittent noise. __The A,weighted sound level dB(A)•,�has_s ,also ee s a first a roxlmatton to cha;, c. erizin transpor- t�,1Dn..._nQWN More sophistticate -evaluations o atrera noise include some modifications which consider additional factors and are expressed as ercetved noise in decibels such as PNdB f or EPNdB. These refinemen s are iscussed at greater length' In the HUD noise assessment manuals. Page 1 8/71 HUD-wash.,D.C. - rl4 1390.2 Appendix 1 b. Noise Exposure. "Noise exposure" as used in this circular is ' generally a combination of a noise level in decibels and a time duration for that noise level . For example, sites where existing and prolonged noise exposures do not exceed 45 dB(A) for more than 30 minutes in any 24-hour period are acceptable. c. Composite Noise Rating (CNR). The CNR is a calculated rati for aircraft noise based on m�ax� l �Ussure_ e e ,wur'd" f��a�o_vve7� ;'rre uenc of occy���;,,,�,e, time of other variables. as eon adopted by the-T*ederal Aviation min Mon (FAA) to describe the noise produced by aircraft operations in the vicinity of airports. n FAA usage, the CNR takes into account the magnitude of the soun s of inMid- ual aircraft types, the number of operations of each type on each runway, and the time of day. The numerical value of CNR is related to an expected range of community response. The FAA has calculated CNR's for a number of domestic airports, and has divided CNR's into three zones -- corresnnndina to our acce table discretiona and unac o .abl respectively -- according to t -e expected community response, as shown -in the following chart: chort for Etnmolina Rcrpanso of Residential COMMUnnle,from Coml.oatlo tfafsa Ralh,n. !r1l lc Moist:Ro�a� Takeoffs and Runirps 7011e Descriplfon of Ezpecled•,'2csponsc YAndings I! �• IASa than Ir_ss than I I Essentially no comp Lints would be expocted. The 100 so noise may, however, interfere occasionally with cerlsin activities of the resideals. 100 l0 115 +30 to 05 2 Individuals may complain, perhaps vigorously. Con- I cerlod group actiun is possible. Greater than Glcater than ` 3 Individual lcactions would lii ely include repeated, vigor- 175 05• Otis complaints. concerted group notion iuight be w., peeled. l When advice and guidance are required in the analysis of property sites in the vicinity of military airports, the f request for existing data and projections should be made Initially to the Commander of the military base and subse- quently to his designee. 11 Page 2 I 8/71 •J HUD-Wash.,D.C. , 4 I� ■ i — ' o 713790- Appendix 1 Definition and Calculation of Noise Exposure Forecasts (NEF) or Composite Noise Ratings CNR shall be in accordance p 9 ( ) r ante with the current DOT-FAA practices. d. Noise Exposure Forecasts (NEF). The NEF is a calculated environmental rating which refines and replaces the CNR calculations for aircraft by including corrections for the presence of pure tone and duration of peak levels within the composite of intermittent noise. As currently used, it has validity only for airports. The Department of Transportation (DOT) is converting from CNR to Noise Exposure Forecasts (NEF's). DOT has a contract for the calculation of NEF's at some 29 commercial and general aviation airports, and will soon have an intramural capability for producing NEF's for any civil aviation airport. . The new NEF ratings for areas around commercial airports should be sought through FAA Airport Regional Offices.*/ The following categories correspond roughly to the categories of community response cal.culated originally for CNR's (see above). Noise Exposure Forecasts Categdry Ratjpq Disposition in HUD A less than 30 Acceptable' B 30 to 40 "Discretionary C more than 40 'Unacceptable- For data on anticipated noise levels in the vicinity of mili- tary airports, the request should be made initially to the Commander of the base and subsequently with his designee. */ Until December 31 , 1971 , interim requests for NEF's should be made directly to FAA's -Office of Environmental Quality (Attention EQ-1 , Washington, D. C. 20590. Requests should be limited to applicants' sites within about three miles of a runway during this period. Page 8/71 HM,Wash,D.C. T 1390:2� Appendix 1����II11 e. Sound Transmission Class (STC) is a single-number rating which provides an estimate of sound transmission loss performance of a wall or floor as related to airborne sound generated by a limited class of household sound sources. The higher the number the better the performance. 2. Conte is RelatIn to Adverse Conse uences of Noise. Noise is objectionable for commonsense reasons e%Ne it destroys the serenity of one's environment. Beyond that there are a number of specific concepts or ideas relating to noise. Current research efforts are directed toward establishing firm findings about certain noise phenomena and their consequences. a. General Hearin Loss or Damage. High intensity noises even of relatively s ort duration such as blasts or explosions are known to have destroyed or severely limited the hearing sense. Moreover, highly amplified rock-and-roll music, sports shooting, and other recreational uses might produce sound levels capable of producing hearing loss especially if exposures are prolonged or recurrent. Continuing exposures to levels exceed- ing 100dB(A) lead to temporary and, eventually, to permanent hearing loss. b. Impaired Hearing for Speech Communication. Prolonged exposure to less intensive noise is known to impair hearing of speech communications. The following table shows the hearing impair- ment resulting from 8-hour exposures to industrial noise. over a long period. ,o n ncr ,0•,9 co • 44C 40-<9 p o AGE W-,9 Fro. 1.Prevalence o so _ e AGE 20-29 -��-- of impaired having in Carious p o ula- t!uns...fiac't point c indiceu.s on the ver- Y I �i_�__�._ -_ kcal scale the per- — i tentage of indici- f ao .1._:._�_j._�o.1e _ duals hming im- z _ u ii r. . paired heating in P. u ( c is 1 gru.p r\poscd cell- a: 9e 4 y iinuuuslp at Work a a�•� to the .4•trrighted sound Icvel irr,!!eat4d on the hmizonVd r^•� __;�__� ' ,talc. �.�e •'^r_i •'_i—:.._� • aL--' — eau os ws II SOUND LrVCL z i n<j Aj WoOr"DDA Y S YY i i uS 8/71 Page 4. HUD-Wash., D.C. t t • 390.2 CIIC 1 Appendix 1 c. Speech Interference Levels. Background noise above certain levels interferes with one's ability to understand oral communication. The following figure illustrates some current knowledge of this phenomenon. 20 u i 1.6 ILI tj w , CCU i. \•y<V' !\tl. \ P . -� C' —. 4! 6 \p, C, V M r j / _ fir. \ __.—.__� I ._._ ___..—•-.-�1: 50 GO— !U 80 9U lUU Ko 120 .1IV 4 I 0?.SC I,CVC7. Figure 2 - Voice level and distance between talker and listener for satisfactory face-to-face speech communications as limited by ambient noise. Along the abscissa is the A-freighted sound level meter reading (dB(A)). (SIL-Past, Present, and Future, J. C. Webster, Sound and Vibration, August, 1969) d. Sleep Interference. Knowledge is less firm in this area and a series of qualifications is associated with many of the findings, including significant individual difference and becoming inured •to certain noise levels (perhaps by hearing loss). Nevertheless, "sleep interference" would seem to Page 5 E3/71 i HUD-Wash-,D-C- • 1 r S 'a r. 1390.2 GHG 1 • • _ Appendix 1 have an important impact on the ability of the resident to achieve rest and enjoy his leisure, and hence must be considered. e. Nervousness and Tension. There is a growing concern that exposure to the higher noise levels of the city might contribute to nervous disorders and tensions, but the findings are still inconclusive. 8/71 Page 6 HUD.Wosh.,D.C. T , / �• � r. � 1390.?_ A Appendix 2 APPENDIX 2. SOUND LEVELS FOR COMMON NOISES (Non-technical table for general perspective and background) dB(A) JET PLANE, 100 FT. AWAY 130 PNEUMATIC RIVERTER ROCK MUSIC WITH AMPLIFIER 120 THRESHOLD OF FEELING PAIN THUNDER; DANGER OF PERMANENT HEARING LOSS 110 INTERNAL COMBUSTION AIRCRAFT ENGINE, 15 FT. AWAY BOILER SHOP; POWER MOWER 100 SUBWAY TRAIN PASSING STATION ORCHESTRAL CRESCENDO, 25 FT. AWAY; NOISY KITCHEN 90 CITY TRAFFIC (inside car); PNEUMATIC DRILL, .20 FT. AWAY PERSISTENT NOISE I14PAIRS HEARING FOR SPEECH COMMUNICATION 80 (85 DECIBELS) BUSY SThEET INTERIOR OF DEPARTMENT STORE 70 AUTOMOBILE (AVERAGE) AT 35 to 40 M.P.H. ORDINARY-CONVERSATION, 3 FT. AWAY 60- VACUUM CLEANER, 3 FT. AWAY QUIET AUTOMOBILE AT LOW SPEED 50 AVERAGE OFFICE 40 QUIET OFFICE CITY RESIDENCE 30 QUIET COUNTRY RESIDENCE 20 WHISPER, 5 FT. AWAY RUSTLE OF LEAVES 10 THRESHOLD OF HEARING 0 Sound levels can be measured with a mater and expressed in decibels. When used this way, the decibel is based on a comparison with the faintest sound t:.at can be heard. The decibel scale is logarithmic; decibel levels cannot be added arithmetically. (See Appendix 1 and HUD noise assessment manuals for further discussion.) Page 1 8/71 HUD-wesh.' D.C. - T a 1 - _ O - L E A G U E O F C A L I F 0 R N I A C I T I E S NOISE ORDINANCE SURVEY JANUARY 1973 The descriptions of ordinances in this survey are abbreviated. For a more thorough and accurate review, copies of these ordinances are available from the League's Sacramento office. Several additional cities have adopted noise ordinances virtually identical to the 1971 original League Model Ordinance. These include: Beverly Hills E1 Segundo • Glendora Lynwood Santa Rosa Sausalito o l O z O M m League of California Cities, 1108 "0" Street, Sacramento, California 95814 Definition of Ambient - Basic Provision Construction (Page 1-A) City League Model Level obtained when noise level "Loud, unnecessary or unusual Without permit, restricted Revised 1/73 is averaged over a period of 15 noise which causes discomfort to specified hours within minutes without inclusion of noise or annoyance to reasonable residential zone or 500', from isolated identifiable sources, person of normal sensitiveness disturbing reasonable per- at the location and time of day residing in the area." (Plus son of normal sensitive- near that at which a comparison is 12 standards for consideration ness. made, or the presumed ambient noise in determining whether viola- level as specified in schedule, tion exists.) - whichever is higher. Burbank Generally the same as League Model -- See Special Sources on Page 1-C • Fresno Generally same as League Model except that monitoring procedures are included and permits may be issued to operators of construction and other noise sources if it serves the public interest or extreme hardship will result. Glendale Generally the same as League Model -- See notes on Page 1-C Inglewood Generally the same as League Model, goes beyond with section on aircraft noise. Sacramento (Proposed) Very similar to League Model. -- Distinguishes between "old" and "new" city. Alhambra "Shall mean the all-encompassing Loud noise prohibited: same Within residential zone noise associated with a given as League Model. Standards use restricted between environment, usually being a com- for determining whether viola- 7pm and 7am without per- posite of sounds with many sources tion exists: Same as League mit. near and far." Model. Anaheim ------ 60 dBA for extended period of Exempt from 6am to lOpm. • time at property line and 5 dBA or more above ambient. Motor Vehicle Use (Page 1-B) City Mechanical Equipment and Repair Amplified Sound League Model Maximum: 5 dBA above ambient Disturbing or annoying Registration required. at property line with correc- reasonable person of nor- Includes additional tions for time duration and mal sensitiveness. Repairs requirements, fees,- re- character or noise. restricted to specific hours gulations, appeals. within residential areas. Burbank 5 dBA above ambient at property line Fresno Glendale " Inglewood Same as League Model. " Sacramento 5 dBA above ambient at " property line. Alhambra Machinery, equipment, pump, Restricted use on private Registration required, fans, air conditioning: use property. Repair restricted etc. restricted to 5 dBA above in residential area between • ambient which may not be less 7 pm and 7am. than minimum schedule. Excep- tion: equipment previously installed may exceed ambient by-8 dBA if located not less than 10' from property line. Permit required for installa- tion of air conditioning equip- ment. Anaheim ----- ---- I City Trains Special Sources Notes (Page 1-C) (Optional) League Model Specified Hours - Radio, TV, Musical Instrument, etc. 89 dBA, 10pm-7am, at between lOpm and lam shall not dis- 300 feet turb reasonable person of normal sen- sitiveness. Prima facie violation: 5 dBA above ambient at property line. Hawkers prohibited within residential zones. Drums restricted. Animals shall not disturb reasonable • person or normal sensitiveness. Burbank ----- Octave band sound frequency level limits for marginal uses where noise is audible but where A-weighted noise level is not violated. Fresno Same as League Model. Glendale Specifies decibel measure- ment criteria Inglewood 90 dBA at 300' between lOpm and 7am Sacramento ----- Alhambra Radios, TV, and similar devices same Specifies decibel measure- • as League Model. ment criteria (more specific Sales or advertising by outcry re- than League Model) stricted. Advertising by drums, bells or musi- cal instruments restricted. Schools, hospitals and churches-- same as League Model. Animals and fowl - same as League Model. Anaheim ----- ----- City Definition of Ambient Basic Provision Construction (Pa a 2-A) Belmont ----- -- Costa Mesa "Lowest sound level in dBA as In residential zone "A": Basic noise standards determined by employing a sound Maximum 50 dBA - 6am-llpm apply, except between level meter and exluding tran- Maximum 45 dBA - llpm-6am lam and 8pm with city sient peak sound conditions In residential zone "B": building permit. during a specified sample period Maximum 55 dBA - 6am-7pm using a specific procedure." Maximum 50 dBA - 7pm-llpm -Maximum 45 dBA - llpm-6am If ambient above maximum 5 dBA additional permitted Corrective factors for character and duration of noise, i.e. bang, screech, 3 mins. or less per 1 hr. etc. Fountain Valley Very similar to Costa Mesa Designates three noise zones, ----- ordinance. establishes noise standards (day/night) for each, together with corrective factors for character of noise. Los Altos Hills ----- ----- Los Angeles Same as League definition. Same as League Model. Night: Restricted (Proposed) In addition, establishes pre- Day: In residential zone, sumed ambient schedule for first loud, unnecessary, unusual five years following adoption, noise which substantially and another for use thereafter. exceeds noise customarily and necessarily attendant to reasonable and efficient performance of work is pro- hibited. Palo Alto "Lowest sound level repeating Residential: 6 dBA above With city permit, 83 dBA itself during 6 minute period, ambient at property line. at 25' or 86 dBA at pro- with noise source at issue silent," Commercial: 8 dBA above perty line. In no case shall local ambient ambient at property line. be considered less than 30 dBA Public Areas: 15 dBA above for interior noise and 40 dBA for ambient at 25' from source. all other sections of ordinance. (Page 2-B) Motor Vehicle Use City Mechanical Equipment and Repair Amplified Sound Belmont Instrument of husbandry Maximum: at 50 feet (includes pumps, lawn 7am-9pm - 82 dBA mowers): 55 dBA - Day; 9pm-7am - 70 dBA --- 45 dBA - Night at 300' Costa Mesa Basic noise standards apply. Basic noise standards Permit required apply. noise standards generally apply- Fountain Valley ----- ----- ----- Los Altos Hills Implement of husbandry: At 50 feet: At 300 feet: Day - 55 dBA maximum Day - 82 dBA maximum Day - 55 dBA maximum Night - 45 dBA maximum at Night - 70 dBA maximum Night - 45 dBA maximum 300 feet (Tractor: 82/60) Los Angeles 5 dBA above ambient in resi- Similar to League Model Permit generally required. dential zone at property line. Equipment installed prior to effective date: 8 dBA above ambient for no more than five • years. Palo Alto Exception: 70 dBA at 25 feet between 8am - 8pm (mechanical ----- or any other source). city Trains Special Noise Sources Notes (Page 2-C) Belmont 9pm - 7am 90 dBA at Noise or sound producing device --- 300' from source. (mechanical or electronic, etc.) which creates or amplifies sound: Maximum dBA day: 55 Maximum dBA night: 45 at 50' Person: 60 dBA day, 50 dBA night at 50' Animal: 65 dBA day, 55 dBA night at 50' Aircraft: Maximum 90 dBA Costa Mesa ----- Basic noise standards apply to Applies in specified residen- radios, TV, people, hawkers (gen- tial zoned property (source erally) animals and drums. may be non-residential). Extensive monitoring proce- dures included. Noise within interior of multiple dwelling maximum 45 dBA llpm-6am as measured in adjoining dwelling unit. Fountain Valley ----- ----- Includes monitoring procedures. Los Altos Hills ----- Person: 60 dBA (day) max. at 50' 50 dBA (night) max. at 50' ---- Animal: 65 dBA (day) max. at 50' 55 dBA (night) max. at 50' Los Angeles ----- Radio, TV, similar devices, same as Establishes sound level measure League Model. ment criteria with corrective Sanitary operations in residential factors for character of noise. zone; prohibited between 9pm and Includes octave band sound 6am without permit. frequency level units for marginal cases where noise is audible but where level of ambient noise does not permit direct quantitive sound level "A" measurement. Palo Alto ----- Special public events: 80 dBA "Exception permit" when com- at 50' pliance is unreasonable or unpractical, conditioned by schedule for compliance. City Definition of Ambient Basic Provision Construction (Page 3-A) Paramount Follows format of Fountain Industrial/Commercial: Valley and Costa Mesa 82 dBA (day) ---- ordinance 77 dBA (night) R1 and R2: 62 dBA (day) 57 dBA (night) R3 and R4• 67 dBA (day) 62 dBA (night) at property line • Salinas ----- Class A noise exempt ---- Class B noise prohibited between 9pm and 7am Class C noise prohibited between 9pm and 7am. Other- wise, may not unreasonably , disturb person of normal sensitiveness with residen- tial locations Class D noise is unlawful San Francisco Definition similar to League In absence of specific maxi- Initially, 85 dBA at 100' Model. Includes averaging mum levels, 5 dBA above ambient (after 34 years following procedure. No minimum schedule. at property line is prima facie effective date). 80 dBA violation; if annoys reasonable at 100'. Impact tools person of normal sensitiveness. exempt if mufflers or • shields are used as recom- mended by manufacturer. Night: (8pm-7am) 5 dBA above ambient at property line unless special permit has been issued. Torrance ----- Same as League Model Prohibited between 8pm and 7am. Otherwise, per- mit required. Cit Definition of Ambient Basic Provision Construction (Page 3-A) Paramount Follows format of Fountain Industrial/Commercial: Valley and Costa Mesa 82 dBA (day) ---- ordinance 77 dBA (night) Rl and R2: 62 dBA (day) 57 dBA (night) R3 and R4• 67 dBA (day) 62 dBA (night) at property line . Salinas ----- Class A noise exempt ----- Class B noise prohibited between 9pm and lam Class C noise prohibited between 9pm and lam. Other- wise, may not unreasonably disturb person of normal sensitiveness with residen- tial locations Class D noise is unlawful San Francisco Definition similar to League In absence of specific maxi- Initially, 85 dBA at 100' Model. Includes averaging mum levels, 5 dBA above ambient (after 3'i years following procedure. No minimum schedule. at property line is prima facie effective date). 80 dBA violation; if annoys reasonable at 100'. Impact tools • person of normal sensitiveness. exempt if mufflers or shields are used as recom- mended by manufacturer. Night: (8pm-7am) 5 dBA above ambient at property line unless special permit has been issued. Torrance ----- Same as League Model Prohibited between 8pm and 7am. Otherwise, per- mit required. Motor Vehicle Use (Page 3-B) City Mechanical Equipment and Repair Amplified Sound Paramount Similar to Fountain Valley Similar to Fountain Valley Similar to Fountain and Costa Mesa ordinance. and Costa Mesa ordinance. Valley and Costa Mesa ordinance. Salinas ----- ----- San Francisco At property line: Repair: • R1 and R2: Day - 55 dBA Offensive noise prohibited. ---- Night - 50 dBA Off-Highway Use: R3 and R4: Day - 60 dBA Zoning Dist. P - over 6,000 lbs. Night - 55 dBA 82 dBA at 50', motorcycle - 77 C1 and C3G: Day - 70 dBA dBA at 501 . Night - 60 dBA Other On-Highway Vehicles: Ml Anytime - 70 dBA 74 dBA. M2 Anytime - 75 dBA Other Off-Highway Vehicles: Less than 6,000 1bs at 50' 70 dBA. Torrance Same as League Model. Same as League Model. Permit required, etc. • Cit Trains Special Noise Sources Notes (Page 3-C) Paramount ---- Within multiple dwelling unit Monitoring procedures maximum: 55 dBA between lOpm and 6am Salinas ---- ----- Creates four classes of noise; Class A: equipment operated for emergency or public inter- est. Class B: Generated in resi- dential area and normal to residential living (includes • vehicle repairs, lawnmowers, etc.) Class C: Recreational equip- ment noise. Class D: Unnecessary, unnatural noises (etc) which are in- jurious to peace, health and comfort of reasonable person of normal sensitiveness. Created by means of human voice or animal outcry or other means. San Francisco ----- Waste disposal equipment 6 mo. after Includes noise measurement effective date: 80 dBA at 50'; procedure. 66 no. after effective date: 75 dBA Creates variance board of • at 50' . Variance possible. Noise professionals to evaluate levels established for powered model variance permit applications. vehicles. Creates temporary task force Radio, TV, musical instrument,similar in noise control. device: at night plainly audible at 50' from property line. 5 dBA above ambient at property line is also prima facie violation. Torrance Same as League Same as League Model. Also establishes noise limits Model. for four different zones of city together with corrective factors for character of noise. PAUL S. VENEKLASEN JJ& ASSOCIATES ASSOCIATES eonlulta,1Ea In O'(•6ou4E(04 U" /O.! JERRY P. CHRISTOFF 1711 SIXTEENTD STREET JOSE 0. ORTEOA SANTA MONICA, CALIFORNIA 00404 BONARD D. MORSE (213) 870-0268 • 393.3703 JAM W. RYAN DUANE R. SIMMONS 28 March 1972 JYAtALD R.RYDE RAY VAN DEN BROECK JAMES A. GOOD City of Newport Beach City Hall L, 3300 Newport Boulevard Newport Beach, California 92660 Attention: Mr. G. M. Dawes Dear Mr. Dawes: I am enclosing herewith some material related to city noise ordinances which Jerry Christoff mentioned to you some weeks ago. I apologize for the delay. Please note that some of thi-s material has been included in our proposal for a community noi-se study to the City of Newport Beach, which I hope you will also have an opportunity to review. The proposal has been submitted to Mr. Carl M. Neuhausen of the Community Develop- ment Department. Very truly yours, Paul S. Veneklasen & Associates f Jose rtega Associate JC0/vj encls. FILE COPY f f. } DO,NOT REMOVE PAUL S.n/VENEKLASEN & ASSOCIATES ASSOCIATES donaULfnnfa in c4aousRaa JERRY P. CIDUSTOFF 1111 SIXTEENTH STREET JOSE C. ORTEOA SANTA MONICA, CALWOU141A 00404 DONARD E. WORSE (913) 870.0208 • 803-0703 JAME9 W. RYAN DUANE R. SIMMONS PAUL GONZALES JERALD R. RYDE 23 May 1971 DAY VAN DRN DROSCE ENFORCEMENT OF AN EFFECTIVE CITY NOISE CODE If a city noise ordinance is to be effective, it must place quantitative limits on the generation of noise. By quantitative we mean that a noise source may be measured with a noise meter and a citation given if the noise exceeds a specified limit. The technical equipment for noise measurement is all available. Quantitative assessment of noise will be on three levels of complexity: 1 . A quantitative noise ordinance will use a measure of noise limitation which can be accomplished in the large proportion of cases by a simple hand held meter that can be regularly carried by law enforcement officers on or in their usual vehicles. The use of the meter and the decisions regarding locale and the nature of the noise source, corresponding to the noise ordinance, can be learned by officers in a brief training period (probably three or four sessions) using an efficient training method. This learning program will be less complex than many other features of officer training. The enforcement program will be greatly aided by simple definition and designation of noise zones (such as color coded bands on lightposts) and the keying of meter designation to zone designation. Pro- vision of meters specifically designed for the system will surely follow quickly upon a wise ordinance. 2. There will be certain marginal noise situations which require more sophisticated evaluation. This is a good circumstance, because it forms the basis for an Office of Noise Control having one or more personnel who can: (a) evaluate marginal noise conditions; (b) assist with noise zoning decisions; (c) supervise the training program for officers; (d) assist with the use of the ordinance as a basis for specification of noise limits on new equipment and construction (for example, air conditioning equipment), which is one of the principal long range purposes of the noise ordinance. For the evaluation of marginal noise sources, octave band sound analysis is required. Excellent equipment is available and has been for many years. Since such 1 �I evaluation may be required at many locations, it will be desirable that the Office of Noise Control be equipped with a Mobile Sound Control Station. The city should beware of unnecessary complexity in establishing such equipment. It seems probable that a single facility of this kind can satisfy the needs of the city. Alternately, the necessary activity could easily be contracted. 3. Appeal from citations based on the simple noise meter measurements should place the burden on the suspected offender of proving his innocence or compliance with the ordinance by having his noise measured, as in the case of a marginal noise source, but by a certified laboratory at his own expense. Thus it should be the objective of a good city noise ordinance to assure that the bulk of enforcement can be carried out by regular law enforcement officers, and that the more sophisticated regulation will assure an experienced professional acoustician who can administer the entire program. 2 CITE' OF NEWPORT BEACH MEMORANDUM: From DENNIS D. O'NEIL City Attorney To......RICHARD V. HOGAN September 21 19 76 .............. ............ ...................................� Community Deve�.opment'�'15irector Mayor Pro Tempore Dostal has asked your Department to review the attached Model Noise Ordinance and prepare written comments which can be forwarded to the League of California Cities Environmental Quality Committee. %0 �L 14VL t 0 ffi 1�9 r ccF,Q of PcN DENNIS D. O'T EIL G�P�Fs4 City Attorney Reply wanted ❑ Reply not necessary ❑ Attachment BY............................................................... N9.2F CALIFORNIA OFFICE OF NOISE CONTROL , MODEL COMMUNITY NOISE ORDINANCE ORDINANCE NO. ; AN ORDINANCE OF THE CITY (COUNTY) OF ADDING CHAPTER TO TITLE OF THE MUNICIPAL CODE (COUNTY CODIFIED ORDINANCE) RELATING TO THE CONTROL OF NOISE AND VIBRATION. A. The City Council (8ovtd ob Supenvi6o&6) of the City (County) of does ordain as follows: ARTICLE 1 Chapter is added to the Municipal Code ('County Codi6Eed kdinanee) to read as follows: SECTION 1 . DECLARATION OF POLICY SECTION 2. DEFINITIONS SECTION 3. AUTHORITY AND DUTIES OF THE NOISE CONTROL OFFICE(R) SECTION 4. DEPARTMENTAL COOPERATION SECTION 5. GENERAL NOISE REGULATION SECTION 6. NOISE MEASUREMENT PROCEDURE SECTION 7. EXTERIOR NOISE LIMITS SECTION 8. INTERIOR NOISE LIMITS SECTION 9. PROHIBITED ACTS SECTION 10. MOTOR VEHICLE NOISE LIMITS SECTION 11 . SPECIAL PROVISIONS (EXEMPTIONS) SECTION 12. VARIANCES SECTION 13. ENFORCEMENT APPENDICES i 1 SECTION 1 DECLARATION OF POLICY In order to control unnecessary, excessive and annoying noise and vibration in the City (County) of , it is hereby declared to be the policy of the City (County) to prohibit such noise and vibration generated from or by all sources as speci- fied in this chapter. It shall be the policy of the City (County) to maintain quiet in those areas which exhibit low noise levels and to implement programs aimed at reducing noise in those areas within the City (County) where noise levels are above acceptable values. It is determined that certain noise levels and vibrations are detri- mental to the public health, welfare and safety, and are contrary to public interest. Therefore, the City Council (BoaAd og Supe)cv"ou) does ordain and declare that creating, maintaining, causing or allow- ing to be created, caused or maintained, any noise or vibration in a manner prohibited by or not in conformity with the provisions of this chapter, is a public nuisance and shall be punishable as such. 4 i 7 -2- SECTION 2 DEFINITIONS 2.1 TERMINOLOGY All terminology used in this ordinance, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body. 2.2.1 A-WEIGHTED SOUND LEVEL: The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is desig- nated dB(A) or dBA. 2.2.2 AGRICULTURAL PROPERTY: {Aa defined in the community (compnehens.ive plan)/(zou'ng ordinance) .} SUGGESTED DEFINITION: A paneet o5 heaC pnopenty of not tezz than 10 contiguous a&em in .6 ize, which .is undeve.Coped bah any uhe oxheA than ag&ieuetu,vtt punpo4ez. 2.2.3 AMBIENT NOISE LEVEL: ' The composite of noise from all sources .near and far: In this con.- text, the ambient noise level constitutes the normal or existing level of environmental noise at a given location. 2.2.4 COMMERCIAL AREA: {A3 de6tned .in .the community (eompnehenz ive plan)/ (zoning ondi.nance) . 1 r -3- 2.2.5 COMMERCIAL PURPOSE: 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 of customers to or for any performance, show, entertainment, exhibition, or event, or for the purpose .of demonstrating such sound equipment. 2.2.6 CONSTRUCTION: Any site preparation, assembly, erection,. substantial repair, alter- ation, or similar action, but excluding demolition, for or of public or private rights-of-way, structures, utilities or similar property. 2.2.7 CUMULATIVE PERIOD: An additive period of time composed of individual time segments which may be continuous or interrupted. 2.2.8 DECIBEL: A unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of 4e sound measured to the reference pressure, which is 20 micropascals. 2.2.9 DEMOLITION: Any dismantling, intentional destruction or removal of structures, utilities, public -or private right-of-way surfaces, or similar property. 2.2.10 EMERGENCY: Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action. •2.2.11 EMERGENCY WORK: Any work performed for the purpose of preventing or alleviatinn the physical trauma or property damage threatened or caused by an emer- gency. -4- 2.2.12 FIXED NOISE SOURCE: A stationary device which creates sounds while fixed or motionless, including but not limited to, residential , agricultural , industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration equipment. 2.2.13 GROSS VEHICLE WEIGHT RATING (GVWR I The value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating'; which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used. 2.2.14 IMPULSIVE SOUND: Sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms. 2.2.15 INDUSTRIAL AREA: (Ae de4 i.ned .in the community (eomphehena.ive plan)/(zoning oiLd nance) .) 2.2.16 INTRUSIVE NOISE: That noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of d sound :0,pends upon its amplitude, duration, frequency and time of occurrence, and tonal or informational content as well as the prevailing ambient noise level . 2.2.17 LICENSED: The possession of a formal license or a permit issued by the appro- priate jurisdictional authority; or, where no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in public record. 2.2.18 MOBILE NOISE SOURCE: Any noise source other than a fixed noise source. 4 S' -5- 2.2.19 MOTOR VEHICLE: Motor Vehicle shall include any and all self-propelled vehicles as de- fined in the California Motor Vehicle Code, including all on-highway type motor vehicles subject to registration Under said Code, and all qff-highway type motor vehicles subject to identification under said Code. 2.2.20 MOTORBOAT: s Any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion but shall not include a vessel' which has a valid marine document issued by the Bureau of Customs of the United States government or any federal agency successor thereto (Section 651 (d), Harbors and Navigation Code). 2.2.21 MUFFLER OR SOUND DISSIPATIVE DEVICE: A device for abating the sound of escaping gases from an internal com- bustion engine. 2.2.22 NOISE: Any sound which annoys or disturbs human beings or which causes or tends to cause an adverse psychological or physiological effect on human beings. ' 2.2.23 NOISE CONTROL OFFICE(R) (NCO) : The municipal agency or•,ddpaitment'-having lead responsibility for this ordinance. (I4 no bush agency ,U de ignated, the teAm bhatt mean the municipal o66.LcW having .Cead wpon4ib.iX,ity Jot ,thi6 oxcUnance.) 2.2.24 NOISE .OISTURBANCE: Any sound which (a) endangers or injures the .safety or health of human beings or animals, or (b) annoys or disturbs a reasonable person of normal sensitivities, or (c) endangers or injures personal or real property. -6- 2.2.25 NOISE SENSITIVE ZONE: Any area designated pursuant to Section 3.2.8 of this ordinance for.:the purpose of ensuring exceptional quiet. 2.2.26 NOISE ZONE: Any defined areas or regions of a generally consistent land use wherein the ambient noise levels are within a range of 5 dB. (Typc.cat.2y, aZC zites w•ithi,n any given no"e zone wiU be ob eompacab.2e p&owimity to mafo,% nodae zouteeb.) 2.2.27 NON-COMMERCIAL PURPOSE: The use, operation or maintenance of any sound equipment for other than a "commercial purpose", including, but not limited to, philanthropic, political , patriotic, religious and charitable purposes. 2.2.28 PERSON: Any individual , association, partnership, or corporation, and includes any officer, employee, department, agency or instrumentality of a State or any political subdivision of a State. 2.2.29 POWERED MODEL VEHICLE: Any self-propelled, airborne, waterborne, or landborne plane, vessel , or vehicle, which is not designed to carry persons, including but not limited to, any model airplane, boat, car, or rocket. 2.2.30 PUBLIC RIGHT-OF-WAY: Any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity. 2.2.31 PUBLIC SPACE: Any real property or structures thereon which are owned or controlled by a governmental entity. -7- 2.2.32 PURE TONE: Any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purposes of this ordinance, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetric average of the sound pressure levels of the two contiguous one-third octave •bands by 5 dB for center frequencies of 500 Hz and above and by 8 dB for center frequencies be- tween 160 and 400 Hz and by 15 dB for center frequencies less than or equal to 125 Hz. 2.2.33 REAL PROPERTY BOUNDARY: An imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divi- sions, 2.2.34 RESIDENTIAL AREA: {Aa de¢tned in the community (compxehenative plan)/(zoning ondi.nance) .) 2.2.35 .•RMS SOUND PRESSURE: The square root of the time averaged square of the sound pressure, denoted, Prms' 2.2.36 SOUND AMPLIFYING_ EQUIPMENT.' Any device for the ampl•i•fidation of thb human voice, music, or any other sound, excluding standard automobile radios when used and heard onl•. by the occupants of the vehicle in which the radio is installed and, as used in this chapter, warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes. 2.2.37 SOUND: An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, in- tensity and frequency. -8- 2.2.38 SOUND LEVEL: The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B, or C as specified in American National Standards Institute specifications for sound level meters (ANSI S1 .4-1971 , or the latest approved version thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply. 2.2.39 SOUND LEVEL METER: An instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which satisfies the requirements pertinent for type S2V meters in American National Standards Institute specifications for sound level meters, S1 .4-1971 , or the most recent revision thereof. 2.2.40 SOUND PRESSURE: The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy. 2.2.41 SOUND PRESSURE LEVEL: 20 times the logarithm to the base 10 of the ratio of the RMS s und •� pressure to the reference pressure of 20 micropascals (20 x 10- Nim-). The sound pressure level is denoted Lp or SPL and is expressed in decibels. 2.2.42 SOUND TRUCK: Any motor vehicle, or any other vehicle regardleso of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment. 2.2.43 VIBRATION: Mechanical motion of the earth or ground, building, or other type o•' structure induced by the operation of any mechanical device or equipment located upon or affixed thereto. For purposes of this ordinance, the magnitude of the vibration shall be stated as the acceleration in "9" units (1 g is equal to 32.2 ft/sec2, 9.31 ,meters/secZ� . 2.2.44 VIBRATION PERCEPTION THRESHOLD: The minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. The perception threshold shall be.presumed to be .001 g's in the frequency range of 0 - 30 Hz and .003 g's in the frequency range between 30 and 100 Hz. 2.2.45 WEEKDAY: Any day, Monday through Friday, which is not a legal holiday. -10- SECTION 3 POWERS AND DUTIES OF THE NOISE CONTROL OFFICER) (NCO) 3.1 LEAD (AGENCY/OFFICIAL) : The noise control program established by this ordinance shall be admin- istered by (t,(&e o4 munieipaZ agency an .lead o66i iatA) . 3.2 POWERS: In order to implement and enforce this ordinance and for the general purpose of noise abatement and control , the NCO shall have; in addition to any other authority vested in it, the power to:; 3.2.1 STUDIES: Conduct, or cause to be conducted, studies, research, and monitoring related to noise, including joint cooperative investigation with public or private agencies, and the application for, and acceptance of, grants: 3.2.2 EDUCATION: (A) Conduct programs of public education regarding: (1 ) the cause, effects of noise and general methods of abatement and control of noise; and (2) the actions prohibited by this ordinance and the procedures for reporting violations; and (8) Encourage -the participation of public interest groups in related public information efforts. »l l (C) Provide for training of field inspectors and other technical personnel concerned with noise abatement. (In eon6onmance wdth etandandh 6oA techni.eae quaU- (.icati.om as eetabVzhed by the State Objice o5 Noiee Contnot. ) 3.2.3 COORDINATION AND COOPERATION: (A) Coordinate the noise control activities of all municipal departments. (B) Cooperate where practicable with all appropriate State and Federal agencies. (C) Cooperate where practicable with appropriate county and municipal agencies. (D) Advise on the availability of low noise emission products for replacement or retrofit of existing or planned city (county) owned or operated equipment. (E) Enter into contracts with the approval of the (appropriate autho/t ty) for the provision of technical and enforcement services. 3.2.4 ACTIONS OF OTHER DEPARTMENTS: Request any other department or agency responsible for a proposed or final standard, regu-lation or similar action to consult on the advisability of revising the action, if there is reason...to believe that the action is not consistent with this ordinance. 3.2.5 PUBLIC AND PRIVATE PROJECTS: On all public and private projects which are likely to cause noise in violation of this ordinance and which are subject to mandatory review or approval by other departments: (A) Review for compliance with the intent and pro-isions of this ordinance. (B) Require sound analyses which identify existing and projected noise sources and associated' noise levels. -12- (C) Require usage of adequate measures to avoid violation of any provision of this ordinance. DISCUSSION: This section is. a e..: :ited noise paevewti.on toot, PAo- viding the NCO with ;he authoroity not onCy to hevicew pro jeata, but a.Cso with the authority to neouyke ,sound anaCys.cs and modi6i.cations bon, pto ject6 that pose potentiat noise ptobtems. 3.2.6 INSPECTIONS: Upon presentation of proper credentials, enter and/or inspect any private property, place, report, or records at any time when granted permission by the owner, or by some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search. warrant may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of this ordinance may exist. Such inspection may include administration of any necessary tests. DISCUSSION: In most cases, viot tions ob Section 7 and Section 8 wiC.0 oceuA in areas adjacent to the ptemf6es on which the sound Bounce is situated, so a seateh warrant would not be needed. 3.2.7 PRODUCT PERFORMANCE STANDARD RECOMMENDATIONS: Develop and recommend (to the appropriate authority) provisions regulating the use and operation of any product, including the description of maximum sound emission levels of such product•,': but not in such a manner as to con- flict with Federal or State newproduct regulations. DISCUSSION: At though a tocaC government may not enjotee a toeaC .Caw regaading the noise teve2 o6 an EPA-tegueated new product which a66eet6 the manubactune ors sate ob such pAoduet• (pteempted by Nome ContAok Act o, 1972, Section d) , the toeaC government may tegueate the in-use product notze ,impact .thAough )LegutatLonz en6oteeab.Ccagbain,6t operation, of ope&atot Busing tlse product prohibiiti.on o6 use in a resideniiaC neighbor&ood oh hos- I I zone, )1egUi te14ent6 6or periodic inspection and ticensing ob the product, etc. l . -13- 3.2.8 NOISE SENSITIVE ZONE RECOMMENDATIONS: Prepare recommendations, to be approved by (the appnopncate authority) , for the designation of noise sensitive zones which contain noise sensitive activities. 3.2.9 NOISE ZONE DEFINITION: Prepare recommendations, based upon noise survey data and analytical studies, to be approved by (.the appnopv, ate authoicity) , for the desig- nation of zones of similar ambient environmental noise within regions of generally consistent land use. These zones shall be identified in terms of their day and nighttime ambient noise levels and their land use classifications as given in Section 7, Table 7-1 . DISCUSSION: VLotation4 ob the pnoviz ions ob Section 7 ob this ordinance a)te based upon the ne2ati.ve degree og .in- tiuzion ob the oi6endin noise bounce oven the nonmaZ ambient. The nomaZ ambient is he4teeted by an anea'4 noise zone designation. 3.2.10 ZONING CHANGES: Prior to the approval of any zoning change: (A) Review the noise impact of the zoning change by identi- fying existing and projected noise sources and the associated sound levels. (B) Require usage of adequate control measures on noise sources identified in• (A) which will be in violation of any provision of this ordinance: 3.3 DUTIES OF THE NOISE CONTROL OFFICE(R) : In order to effectively implement and enforce this ordinance, the NCO shall , within a reasonable time after the effective date of the ordin- ance: 3.3.1 MEASUREMENT STANDARDS AND c-NFORCEiIEIYT PROCEDURES: (A) Develop measurement standards and procedures which will further the purposes of this ordinance. -14- (B) Develop administrative procedures which will provide for effective enforcement of this ordinance. DISCUSSION: A Code o4 Recommended Paactice4 containing meaauAement 4tandand4 and.pnoeedune4 and adr4Zni4ttrutive ptoceduAe4, .ia vaeuable .in .the .imptementati.on o4 the ordinance. A Code od Recommended PAaetiee4 wa.P.l. be included .in the Noise OAdinanee Workbook undeA pnepwwUon by the State 044.ice o4 Noise ContAot, which wall .include dampte me"mement procedure4 appttcabte to the no.ibe tevee4 4et 4oAth .in thi4 ordinance. The NCO 6houZd Review and Aevs.4e thi.6 Code, adapting it to thr, toeae equipment and personnel eapab.itiVe4, a4 weU a4 expand the Code to .include zpeci,4.ic .local adminiatnaiive proeeduAe4 (comptaint, vaAlance, etc. ) . 3.3.2 INVESTIGATE AND PURSUE VIOLATIONS: Under the provisions of this ordinance, investigate and pursue possible violations of this ordinance. 3.3.3 DELEGATION OF AUTHORITY: Delegate functions, where appropriate under this ordinance, to personnel within the NCO and to other departments, subject to the approval of (the appropriate authordty) . 3.3.4 COMMUNITY NOISE ELEMENT: (A) Assist in the preparation or revision thereof of the city or county noise element of the general plan as required by Government Code, Section 65302 (g), following guidelines set forth by the State Office of Noise Control . (B) Assist in or review the total transportation planning of the community, including planning for new roads and high- ways, bus routes, airports, and other systems of public transportation, to insure that proper consideration is taken with regard to the impact of sound levels and that the policies set forth in the noise element are adhered to. (C) Provide on-going assistance to local agencies in deter- mining possible mitigation measures for current or forecast noise problems. -15- 3.3.5 AIRPORT NOISE EXPOSURE: Assist the local Airport Land Use Commission (ALUC) in developing a plan for noise compatible land use in the vicinity of all local airports under their jurisdiction and maintain consistency with the provisions and poli- cies of the general plan noise element. 3.3.6 STATE AND FEDERAL LAWS AND REGULATIONS: (A) Prepmeetare and pecifiedb noise lish aemission limits under list of those cFedera requiredts Federal , State or Community law. (B) Make recommendations to the City Council (BoaAd ob Supex- viaoxk) for modifications or amendments to this ordinance to ensure consistency with all State and Federal laws and regulations. 3.3.7 ADMINISTER GRANTS, FUNDS, AND GIFTS: Administer noise program grants, funds, and gifts from public and private sources, including the State and Federal governments. -16- SECTION 4 DEPARTMENTAL COOPERATION 4.1 DEPARTMENTAL ACTIONS: All departments shall , to the fullest extent consistent with their author- ities under other ordinances administered by them, carry out their programs in such a manner as to further the policies stated in Section 1 of this ordinance. 4.2 DEPARTMENTAL-COOPERATION: All departments shall cooperate with the Noise Control Office(r) to the fullest extent in enforcing •the noise regulations of this. ordinance. 4.3 COMPLIANCE WITH OTHER LAWS: All departments engaged in any activities which result or may result in the emission of noise, shall comply with Federal and State laws and regu-. lations, as well as the provisions of this ordinance, respecting the control and abatement of noise to the same extent that any person is subject to such laws and regulations.' 4.4 PROJECT APPROVAL: Each department, whose duty it is to review and approve new projects, or changes to existing projects which result, or may result in the emission of noise, shall consult with the Noise Control Office(r) prior to any such approval . 4.5 RIGHT OF REVIE14: If at any time the Noise Control Office(r) has reason to believe that a standard, regulation, or action or proposed standard, regulation, or action of any department respecting noise does not conform to the in- tent of Section 1 of this ordinance, he may request such department to review and report to him on the advisability of revising such standard or regulation to conform. -17- 4.6 CONTRACTS: Any written agreement, purchase order, or instrument whereby the City (County) is committed to the expenditure of funds in return for work, labor, services, supplies, equipment, material's , or any combination of the foregoing, shall not be entered into unless such agreement, purchase order, or instrument contains provisions requiring that any equipment or activities which are subject to the provisions of this code will be operated, constructed, conducted, or manufactured without causing violation of this code. 4.7 LOW NOISE EMISSION PRODUCTS: Any product which has been certified by the Administrator of the U.S. Environmental Protection Agency pursuant to Section 15 of the Noise Control Act of 1972 as a low noise emission product and which is deter- mined to be suitable for use as a substitute, shall be used in preference to any other product where economically feasible. ' -18- SECTION 5 GENERAL NOISE REGULATION Notwithstanding any other provision of this chapter, , and in addition thereto, it shall be unlawful for any person to willfully make or con- tinue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. The standards which shall be considered in determining whether a vio- lation of the provisions of this section exists shall include, but not be limited to, the following: 5.1 The Sound Level of the Objectionable Noise. 5.2 The Sound Level of the Ambient Noise. 5.3 The Proximity of the Noise to Residential Sleeping Facilities. 5.4 The Nature and Zoning of the Area Within Which the Noise Emanates. 5.6 The Density of the Inhabitation of the Area Within Which the Noise Emanates. 5.6 The Time of Day or Night the Noise Occurs. 5.7 The Duration of the Noise and its Tonal , Informational or Musical Content. 5.8 Whether the Noise is Continuous, Recurrent, or Intermittent. 5.9 Whether the Noise is Produced by a Commercial or Non-commercial Activity. a , r SECTION 6 NOISE MEASUREMENT PROCEDURE The measunement pn.oeeduae pneaented below ".6ume% .that pwonne.0 peAjonm- .ing the noise meaau&ements have been tAained .in the ube ob the .i,n twmenta and in .i.ntenpnetat i on o g me"vAed data.. Upon receipt of a complaint from a citizen, the Noise Control Office(r) or his agent, equipped with sound level measurement equipment satisfying the requirements specified in Section 2, shall investigate the complaint. The investigation shall consist of a measurement and the gathering of data to adequately define the noise problem (aa hpectiied .in .the Mode.0 Enjorceement Manual) and shall include the following: 6.1 NON-ACOUSTIC DATA: 6.1 .1 Type of Noise Source. 6.1 .2 Location of Noise Source Relative to Complainant's Property. 6.1 .3 Time Period During Which Noise Source is Considered by Complainant to be Intrusive. 6.1 .4 Total Duration of Noise Produced by Noise Source. 6.1 .5 Date and Time of Noise Measurement Survey. 6.2 NOISE MEASUREMENT PROCEDURE: 6.2.1 Utilizing the "A" Weighting scale of the sound level meter and the "slow" meter response (use "fast" response for impulsive type sounds) , the noise level shall be measured at a position or positions along the complainant's property line closest to the noise source or at the location along the boundary line V -20- where the noise level is at maximum. In general , the microphone shall be located five feet above the ground; ten feet or more from the nearest reflective surface, where possible. However, In those cases where another elevation is deemed appropriate, the latter shall be utilized. If the noise complaint is re- lated to interior noise levels, interior noise measurements shall be made within the affected residential unit. The mea- surements shall be made at a point at least four feet from the wall , ceiling or floor nearest the noise source, with windows in the normal seasonal configuration. Calibration of the instrument being used shall be performed immediately prior to recording any noise data utilizing an acoustic calibrator. III -21- SECTION 7 EXTERIOR NOISE LIMITS 7.1 MAXIMUM PERMISSIBLE SOUND LEVELS BY RECEIVING LAND USE: (A) The noise standards for the various categories of land use identified by the Noise Control Office(r) as presented in Table 7-1 shalt , unless otherwise specifically indicated, apply to all such property within a designated zone. (B) No person shalt operate or cause to be operated, any source of sound at any location within the incorporated (un.fncogonated) City (County) or allow the creation of any noise on property owned, leased, occupied or other- wise controlled by such person, which causes the noise level when measured on any other property either incor- porated or unincorporated, to exceed: (7) The. noise standard for that land use as specified in Table 7-1 for a cumulative period of more than thirty minutes in any hour; or (2) the noise standard plus 5 dB for a cumulative period of more than fifteen minutes. in any hour; or (3) the noise standard plus 10 dB for a cumulative period of more than five minutes in any hour; or (4) the noise standard plus 15 dB fora cumulative period of more than one minute in any hour; or (5) the noise standard plus 20 dB or the maximum mea- sured ambient, for any period of time. (C) If the measured ambient level exceeds that permissible within any of the first four noise limit categories above, the allowable noise exposure standard shall be increased in 5 dB increments in each category as appro- priate to encompass or reflect .said ambient noise level . -22- In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall. be increased to reflect the maximum ambient noise level . (D) If the measurement location is on a boundary between two different zones, the noise level limit applicable to the lower noise zone plus 5 dB, shall apply. (E) If possible, the ambient noise shall be measured at the same location along the property line utilized in 7.1 (B) , with the alleged offending noise source inoperative. If for any reason the alleged offending noise source cannot be shut down, then the ambient noise must be estimated by performing a measurement in the same general. area of the source but at a sufficient distance such that the offend- ing noise from the source is inaudible. 'If the difference between the noise levels with noise source-operating and not operating is 6 dB or greater, then the noise measure- ment of the alleged source can be considered vai'id with a small correction applied to account for the contribution of the ambient noise. The correction is to be applied in accordance with data shown in Table 7-2: DISCUSSION: It 6houtd 'be undewstood that th.e '6tanclard4' is eeiJ.ied .in Section 7.1, Table 7-1, repteaent L5' UAW (teveb not to be exceeded more than 50a o6 .the gampte;tfine (30 minutes out of each how.) and that the z Akquent time duAati,on adju4tment6 given to 7. 1 (B) yie-d re6peeti.vety; the L25 tevet (259 of .the time on 15 minutea out of 60) , the L8 3 tevet, (8.3; of the time ox-5 •mtnutea out of 60) , the ' 1 (1.7$ 06 .the time or 1 minute out 'o6 60) , and the 1�'7�evee (05 o6 .the time) . White inanuat teehniquea u6.ing owey a wound tevet meteh and a stop watch ate avac.Cabte Jon aeewrate deteAm btation o6 these a va euea; thi 6 type o6 anatya.ia i6 be6t accompWhed by mean of a mote 6oph 6tL- eated no.i6e data anaty6.i.6 6y6tem dnvotving either a giuzph.ie tevet necordvt on a dig.ttat commcoaty no.i.6e ana2yzet. It 6homed be noted, however, that .in the ma}oiuty of reported eomptatnU, viotation of the 6tandard6 6peciged in 7.1 may teadity be as6e66ed u ing only a bound tevet meter. In aU oade6 where the .inthu6.ive noise tevet .i.6 at a t eontinuoua, one needs only to measure the no.i,6e teve2 and then detotmine how man minute6 pet houh .r t .i.6 produced. The notice douree may then be shown to v.iotate only one o6 the 6tandarda (L50, L25, L8.3 Lt ?. on L0) of Section 7. 1. The need Jon the more 6ophiatccz.:,:d equ<pment coma when the no.i6e source a not continuous but produce.6 varying noi6 e ZevePh over the howc. Y -23- 7.2 CORRECTION FOR CHARACTER OF SOUND: In the event the alleged offensive noise contains a steady, audible tone such as a whine, screech, or hum, or is a repetitive noise such as ham- mering or riveting, or contains music or speech conveying informational content, the standard limits set forth in Table 7-1 shall be reduced by 5 dB. VISCUSSION: The ube og puAe tones ae eo&Aeetione can cheate meaburement probtema. In moet engoreement e.ituation3, the preeenee on abeenee og a pure tone can be determined with the ea&. The guret panto .the deginitton goA "puAe tone" .ia wnrtten to aeeomodate t� gact. In eaeea wheAe it ,ie move doubtgut, the Aemaining pant og the degniti.on can be need to pre- eieety de6tne a puAe tone. However, th.ia tatteA deginition AequiAee the ube og a 113 Octave Band AnaEyzer, which can be expeu ive to puAehaee. ' I I 4 -24- Table 7-1 EXTERIOR NOISE LIMITS Noise Level (dBA) Noise Zone Classification (1) Receiving Land Use Time Rural Category Period Suburban Suburban Urban One & Two Family 70 pm- 7 am 40 45 50 Residential 7 am- 7 pm 50 55 60 Multiple Dwelling, 10 pm- 7 am 45 50 55 Residential , 7 am-10 pm 50 55 60 Public Space Limited Commercial . 10 pm- 7 am 55 Some Multiple 7 am-10 pm 60 Dwellings Commercial 10 pm- 7 am 60 7 am-10 pm 65 Light Industrial Any Time 70 Heavy Industrial Any Time 75 (1) The classification of different areas of the community in terms of environmental noise zones shall be determined by the Noise Control Office(r) , based upon assessment of community noise survey data.. Additional area classifications should be used as appropriate to reflect both lower and higher existing ambient level than those shown. V Table 7-2 BACKGROUND NOISE CORRECTION FOR SOUND LEVEL MEASUREMENTS Difference Between Total Noise Amount to be Subtracted and from Background Noise Alone Total Noise Measurement (Decibels) (Decibels) 6 - 8 1 8 - 10 .5 > 10 0 -25- SECTION 8 INTERIOR NOISE STANDARDS 8.1 MAXIMUM PERMISSIBLE DWELLING INTERIOR SOUND LEVELS: (A) The noise standards for various categories of land use as presented in Table 8-1 shall , unless otherwise specifically indicated, apply to all such dwellings within a designated zone with windows in their normal seasonal configuration. Table 8-1 Noise Type of Time , Allowable Interior ? Zone Land Use Interval Noise Level (dBA) . All Residential 10 pm - 7 am 35 7 am - 10 pm 45 All School 7 am - 10 pm 45 (While School is in Session) Hospital and Designated Quiet Zones Any Time 40 (B) No person shall operate or cause to be operated, any source of sound at any location within the incorporated (unincon- po&ated) city (county) or allow the creation of any noise which causes the noise level when measures inside the receiving dwelling unit to exceed: (1) The noise standard for that land use as specified in Table 8-1 for a cumulative period of more than five minutes in any hour; or I -26- (2) the noise standard plus 5 dB for a cumulative period of more than one minute in any hour; or (3) the noise standard plus 10 dB or the maximum measured ambient, for any period of time. (C) If the measured ambient level exceeds that permissible within any of the first two noise limit categories above, the allowable noise exposure standard shall be increased in 5 dB increments in each category as appropriate to re- flect said ambient noise level . In the event the ambient noise level exceeds the third noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level . 8.2 CORRECTION FOR CHARACTER OF SOUND: In the event the alleged offensive noise contains a steady, audible tone such as a whine, screech, or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech conveying informa- tional content, the standard limits set forth in Table 8-1 shall be reduced by 5 dB. (Re6eA to 'D"cwse.ion bottow.ing Section 7.2) 1 -27- SECTION 9 PROHIBITED ACTS DISCUSSION: Thi4 A2ticte i6 not .intended to timft the appitieabL ty o6 Section 7 (ExtenioA Noize UnUis) not the Genenae Noi6e Regatmaon o4 Section 5, but it .i.6 meant to supptement .them .in flout main areas: (A) Ca6ez where a no"e 6ounee .i.6 o6 bush a nature that it would be di46.ieuet, i4 not .i.mpoz4 ibte, to en4otee the pitovi6.ionz o4 Section 7 (e.g., banking dog6, toading and uneoading activitieb, etc.) ., (B) & tuations where a noize bounce might be .in compliance with Section 7 and yet Stitt eaa4e a no"e di6tunbance (e.g., teCev"ion on ampti4ied mu6ieaP- i.n4thument6 at night, etc. ) . (C) AAea4 .in a community with 4peciat noise paobtem6 not coveted .in Section 7 (no.i6e 4enzitfve• zone6, matti.- 4amiey �sue2P.ing6) . (D) Noi.6e sounceb which have 4peci6.ie sound tevee timit6 - (e.g., ai& conditionea) on have time Ae6tAiction6 4oA openati.on (e.g., te6ting emengeney 4ignating deviee6, etc. ) . En4oneement action under. "n.oi4e di6tuAbanee" (nuUance) pnovi6ions .in th 6 Atti,eee shoued be used witii caution. Uneebs a nuvsance can be paoven to be a LuL&Lc di6tuAbanee, it i6 di54icuet to prove .in coact, thene4one, "nui6anee" action would befit be used only when mote 4peci6ie section6 in the ordinance do not adequateey col.eA the •pnobtem. (Re. Section 415 (e), Caei6ohnia. Aenae Code. ) Y -28- 9.1 NOISE DISTURBANCES PROHIBITED: No person shall unnecessarily make, continue, or cause to be made or con- tinued, any noise disturbance. 9.2 SPECIFIC PROHIBITIONS: The following acts, and the causing or permitting thereof, are declared to be in violation of thi s is ordinance:d Hance: 9.2.1 RADIOS, TELEVISION SETS, MUSICAL INSTRUMENTS AND SIMILAR DEVICES: Operating, playing or permitting the operation or playing of any radio, television set, phonograph, drum, musical instrument, or similar device which produces or reproduces sound: (A) Between the hours of 10 p.m. and 7 a.m. the following day in such a manner as to create a noise disturbance across a residential or commercial real property .line or at any time to violate the provisions of Sections 7.1 or 8.1 , except for activities for which a variance has been issued by (the appaop&ate authoitty). (B) In such a manner as to exceed the levels:,set forth for public space in Table.7.4, measured at a distance of at least 50 feet 1:15 meters) from such device operating -on a public right-of-way or public space. 9.2.2 LOUDSPEAKERS (AMPLIFIED SOUND) ; Using or operating for any purpose any loudspeaker, loudspeaker system, or similar device between the hours of 10 p.m. and 7 a.m. the following day, such that the sound therefrom creates a noise disturbance across a residential real property line, or at any time violates the provisions of Section 7.1 or 8.1 , except for any non-commercial public speaking, public assembly or other activity for which a variance has been issued by (the apptopkiate authox ty) . 'UISCUMON: To avoid con4t iat with the eonbt.itutionae 4 photeated nights o4 4)teedom ob bpeeeh and bneedom o= expneeb.ion, cage mutt be taken to outtine atean, objective and non- di6c&iminat;big btandanda bon detvan ring whether and .in cuhat emu a va&Lance ehoutd be granted. -29- 9.2.3 STREET SALES: Offering for sale, selling anything, or advertising by.shouting or out- cry within any residential or commercial area or noise sensitive-zone-of the city (county) except by variance issued by the (appnopniate authoxUy) . The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sport- ing events, parades, fairs, circuses, or other similar licensed public entertainment events. 9.2.4 ANIMALS AND BIRDS: Owning, possessing, or harboring any animal or bird which frequently or for long duration, howls, barks, meows, squawks, or makes other sounds which create a noise disturbance across a residential or commercial real property line or within a noise sensitive zone. This prbvision shall not apply to public" zoos. 9.2.5 LOADING AND UNLOADING: Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between C the hours of 10 p.m. and 7 a.m. the following day in such a manner as to cause a noise disturbance across a residential real property line or at any time to violate the provisions of Section 7.1 or 8.1 . 9.2.6 CONSTRUCTION: Operating or causing the operation of any tools or equipment used in con- struction, drilling, repair, alteration, or demolition work between the hours of 10 p.m. and 7 a.m. the following day on weekdays, or at any time on (Sundaya/weekenda) or holidays, such that the sound therefrom creates a noise disturbance across a residential .or commercial real property line or at any time violates the provisions of Section 7.1 or 8.1 , except for emergency work of public service utilities or by variance issued by the (app)toptiate authoA ty) . This section shall not apply to the use of domestic power tools as specified in Section 9.2.13. 9.2.7 VIBRATION: Operating or permitting the operation of any device that creates a vibra- tion which is above the vibration perception threshold of an individual - at or beyond the property boundary of the source if on private property or at 150 feet (46 meters) from the source if on a public space or public right-of-way. -30- 9.2.8 EXPLOSIVES, FIREARMS, AND SIMILAR DEVICES: Using or firing explosives, firearms, or similar devices so that the sound therefrom creates a noise disturbance across a real property line, or within a noise sensitive zone, public space or public right-of-way, without first obtaining a variance issued by the (appnop&We authoA ty) . Such a variance need not be obtained for licensed game-hunting activities on property where such activities are authorized. 9.2.9 POWERED MODEL VEHICLES: Operating or permitting the operation of powered model vehicles: (A) Between the hours of 7 p.m. and 7 a.m. the following day so as to create a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of Sections 7.1 or 8.1 . (B) In such a manner as to exceed the levels set forth for public space land use in Table 7-1 , measured at a distance not less than 100 feet (30 meters) from any point on the path of a vehicle operating on public space or public right-of-way. 9.2.10 STATIONARY NON-EMEFGENCY SIGNALING DEVICES: (A) Sounding or permitting the sounding of any electronically-.,....."......I...• amplified signal from�any"'stationary bell , chime, siren, whistle, or similar device, intended primarily for non- emergency purposes, from any place, for more than 10 seconds in any hourly period. (B) Houses of religious worship shall be exempt from the operation of this provision. (C) Sound sources covered by this provision and not exempted under subsection (B) shall be exempted by a variance issued by the (appnapnlate authoiu ty) . 9.2.11 EMERGENCY SIGNALING DEVICES: (A) The intentional sounding or permitting the sounding out- doors of any fire, burglar, or civil defense alarm, siren, " whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in subsection (B) . , -31- (B) (1) Testing of a 'stationary emergency signaling device shall not occur before 7 a.m. or after 7 p.m. Any such testing shall only use the minimum cycle test time. In no case shall such test time exceed 60 seconds. (2) Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before 7 a.m. or after 10 p.m. The time limit specified in sub- section (1) shall not apply to such complete system testing. (C) Sounding or permitting the sounding of any exterior burglar' or fire alarm or any motor vehicle burglar alarm unless such alarm is automatically terminated within 15 minutes ' of activation. 9.2.12 NOISE SENSITIVE ZONES: (A) Creating or causing the creation of any sound within any any noise sensitive zone, so as to exceed the specified land use noise standards set forth in Sections 7.1 and 8.1 , provided that conspicuous signs are displayed indi- cating the presence of the zone; or (B) Creating or-causing the creation of any sound within or adjacent to any noise sensitive zone, containing a hos- pital , nursing home, school , court or other designated area, so as to interfere with the functions of such activity or annoy the patients in the activity, pro- vided that conspicuous signs are displayed indicating the presence of the zone. 9.2.13 DOMESTIC POWER TOOLS: (A) Operating or permitting the operation of any mechanically powered saw, sander, drill , grinder, lawn or garden tool , or similar tool between 10 p.m. and 7 a.m. the following day so as to create a noise disturbance across a resi- dential or commercial real property line. -32- (B) Any motor, machinery, pump, etc., shall be sufficiently enclosed or muffled and maintained so as not to create a noise disturbance. DISCUSSION: Section 9.2. 13 (A) AeetXicte the operation ob domeetie poweA tooZ6 during .the night whUe Section 9.2.13 (8) Ae- gaiAee eontAot ob power machinery no.cee though adequate encCoaune, mu44ti.ng, and/oA mabitenance .in instancy where each noise constitutes a nod4e diatwtbanee. The .intent ob Shia tatter eecti.on •ia to eontrot power. mach neAy nice eaae.ing a d 6tuAbanee when the technotogy .ia keadity avaiZ- abte. 9.2.14 AIR-CONDITIONING OR AIR-HANDLING EQUIPMENT: Operating or permitting the operation of any air-conditioning or air- handling equipment in such a manner as to exceed any of the following sound levels: Units Installed Units Installed Before On or After 1-1-80 1-1-80 Measurement Location dB(A) dB(A) Any point on neighboring property line, 5 feet above grade level , no 60 55 closer than 3 feet from any wall Center of neighboring patio-, 5 feet above grade level , no closer than 3 5�' 50 feet from any wall Outside the neighboring living area window nearest the equipment loca- tion, not more than 3 feet from the 55 50 window opening, but at least 3 feet from any other surface In case of conflict, the interior noise standards as specified in Section 8.1 shall nonetheless apply. VISCUSSION: The above Bound teve z- and the meae wcement proeedwtes (Code ob Recommended PAaaVees) ahe Wed upon 6ug9e6fiion6 made by the Aik-Condi Toning and Re4rtgeration Ina.titute. T , -33- 9.2.15 PLACES OF PUBLIC ENTERTAINMENT: Operating or permitting to be operated, any loudspeaker or other source of sound in any place of public entertainment that exceeds the levels . shown in Table 9-1 at any point normally occupied by a customer, without a conspicuous and legible sign stating, "WARNING! SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT". Table 9-1 PERMISSIBLE NOISE EXPOSURES Duration Per Day Noise Level Continuous Hours dBA 8 85 6 86 4 88 3 89 2 91 14 92 1 94 z 97 4 or Less 100 9.2.16 TAMPERING: The following acts' or the causing thereof are prohibited: (A) The removal or rendering inoperative, other than for purposes of maintenance, repair, or replacement, of any noise control device or element thereof, of any product identified under Section 3.3.6. (8) The removal of any noise label from any product iden- tified under Section 3.3.6. (C) The use of a product identified under Section 3.3.6, which has had a noise control device or element thereof or noise label••removed or rendered inwperative. -34- SECTION 10 MOTOR VEHICLE NOISE LIMITS 10.1 MOTOR VEHICLES OPERATING ON PUBLIC RIGHT-OF-WAY: Motor vehicle noise limits on a public right-of-way are regulated as set' forth in the California Motor Vehicle Code, Sections 23130 and 23130.5. Equipment violations which create noise problems are covered under Sections 27150 and 27151 . Any peace officer of any jurisdiction -in California may enforce these provisions. Therefore, it shall be the policy of the city (county) to enforce these sections of the California Motor Vehicle Code. DISCUSSION: Whehe a viotation ob no.iae t m to as stated in.Seetiona 23130 and 23130.5 .ie thought to exist (eitheA ab deteA- mined by meaaunement ob the .sound teveB with a Bound tevet meteA on the enboncement oj6ieen'd zubjective., opinion) and the exhaust dyetem t6 bound to be suety on eY�ega 2Qy modibied, Ca2ibohnia Highway Patno expeh= .fence indicatea that citation undeA Section 27151 as the eaa.ieAt and moht ebbective nemedy. 10.1 .1 REFUSE COLLECTION VEHICLES: No person shall collect refuse with a refuse collection vehicle between the hours of 7 p.m. and 7 a.m. the following day in a residential area or noise sensitive zone. - 10.2 MOTOR VEHICLE HORNS: It is unlawful for any person to sound a vehicul?r horn except as a -, warning signal (Motor Vehicle Code, Section 27003) . -35- 10.3 MOTORIZED RECREATIONAL VEHICLES OPERATING OFF PUBLIC RIGHT-OF-WAY: No person shall operate or cause to be operated any motorized recreational vehicle off a public right-of-way in such a manner that the sound levels emitted therefrom violate the provisions of Sections 7.1 or 8.1 . This section shall apply to all motorized recreational vehicles, whether or not duly licensed and registered, including, but not limited to, commercial or non-commercial racing vehicles, motorcycles, go-carts, amphibious craft, campers, snowmobiles and dune buggies, but not including motorboats. DISCUSSION: Fo)c a6.6i6tance .in en6oneement 66 Section 10.3, the appti.- eabte zeatLons o6 the Catt.6onnia Moto& VehicCe Code; 27200, 272030 38215 and 38280, o e .inctaded .in the Appendix 6oh ne6enenee. The vani.ance pnacedune •aa 6pec%6ied in. Section 12. 1 .ahouCd be .inconpoaated 6oh apecca.Z hating on competition event6 conducted on pubttc hight6-o6-way. r 10.4 MOTORBOATS: Operating or permitting the operation of any motorboat in any lake, river, stream, or other waterway in such a manner as to cause a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of Section 7.1 or 8:1 . DISCUSSION: A6 an afd to' en6oheement o6 Section-10.4,•'the applicabte no,i.6e .6tandand6 6o)c motahboat6 a6 bet 6ohih .in .the Nakbou and Navigation Code; Seeti.onh 654'. 654.050 654.06 and 668, have been included .in .the Appendix.. , 10.5 VEHICLE MOTORBOAT, OR AIRCRAFT REPAIR AND TESTING: (A) Repairing, rebuilding, modifying, or testing any motor vehicle, motorboat, or aircraft in such a manner as to create a noise disturbance across a -residential 'real property line, or at any time to violate the provisions of Sections 7.1 or 8.1 . (B) Nothing in this Section shall be construed to prohibit, restrict, penalize, enjoin, or in any manner regulate the movement of aircraft which are in all respects con- ducted in accordance with, or pursuant to, applicable Federal laws or regulations. -36- 10.6 STANDING MOTOR VEHICLES: No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of ten thousand (10,000) pounds, or any auxiliary equipment attached to such a vehicle, -'or a period longer than 15 minutes in any hour while the vehicle is stationery, for reasons other than traffic congestion, on a public right-of-way or public space within 150 feet (46 meters) of a residential area or designated 'noise sensitive zone, between the hours of 10 p.m. and 7 a.m. the following day. -37- SECTION 11 SPECIAL PROVISIONS (EXEMPTIONS) 11 .1 EMERGENCY EXCEPTION: The provisions of this ordinance shall not apply to: (a) the emission of sound for the purpose of alerting persons to the existence of an emergency, or (b) the emission of sound in the performance of emer- gency work. 11 .2 WARNING DEVICES: Warning devices necessary for the protection of public safety as, for example, police, fire and ambulance sirens, and train horns, shall be exempted from the provisions of this ordinance. 11 .3 OUTDOOR ACTIVITIES: The provisions of this"6rdinance; •sh61-1 not apply to occasional outdoor gatherings, public dances, shows, and sporting and entertainment events, provided said events are conducted pursuant to a permit or license issued by the city (county) relative to the staging of said events. 11 .4 EXEMPTIONS FROM EXTERIOR NOISE STANDARDS: The provisions of Section 7.1 shall not apply to activities covered by the following sections: (A) 9.2.3 Street Sales; (B) 9.2.4 Animals and Birds; (C) 9.2.10 Stationary Non-Emergency Signaling Devices; (D) 9.2.11 Emergency Signaling Devices; (E) 9.2.13 Domestic Power Tools; -38- (F) 9.2.14 Air-Conditioning or Air-Handling Equipment; (G) 10.1 Motor Vehicles Operating on Public Right-of-Way; (H) 10.1 .1 Refuse Collection Vehicles. 11 .5 AGRICULTURAL OPERATIONS: All mechanical devices, apparatus, or equipment associated with agricul- tural operations conducted on agricultural property unless, if in the vicinity of residential land uses, in which case a variance permit is required (Re. Section 12.1 ) to operate noise producing devices, with the following stipulations: (A) Operations do not take place between 8 p.m. and 6 a.m. ; or (8) Such operations and equipment are- utilized for the pro- tection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions; or (C) Such operations and equipment are associated with agri- cultural pest control through pesticide application, provided •the application is made in accordance with permits issued by or regulations enforced.by the (appnopAtate authority) ; or (D) Such devices utilized for pest control which incorporate stationary or mobile noise sources (eCect o-merhanieaR biAd z cute devices, etc.) are operated only by permit issued by the Noise Control Office(r). The allowable hours and days for operation of these devices will be specified in the permit. 11 .6 FEDERAL OR STATE PREEMPTED ACTIVITIES: Any other activity to the extent regulation thereof has been preempted by State or Federal law. -39- SECTION 12 VARIANCES DISCUSSION: There wLU aeway6 be Zome jubti6.ied aetiviti.e6 So& which a variance w•i,P.0 be nequ i�ed. 15 .the6e activitie6 ace t&a- ditiona.Q event6 .in the community (Vety=1z Day. Parade, 6ponting event6, etc. ), it would be pnebe&abte .to ghan;t a btanfze except,£on under Section 10.4 hathen than negwiiung a vauance on a cruse-by-cause ba4i6. 12.1 SPECIAL VARIANCES: (A) The NCO is authorized to grant variances for exception from any provision of this ordinance, subject to limita- tions as to area, noise levels, time limits, and other terms and conditions as the NCO determines are appropriate to protect public health, safety, and welfare from the noise emanating therefrom. This section shall in no way affect the duty to obtain any permit or license required by law for such activities. . . . . (B) Any person seeking a variance pursuant to this section shall file an, application with the NCO. The applica- tion shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this ordiinance would constitute an unreasonable hardship on the appli- cant, on the community, or on other pet°moons. The appli- cation shall be accompanied by a fee in the amount of dollars. A separate .application shall be iMe_F o each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property may be com- bined into one application. Notice of an application for a variance shall be published according to (jwai,e- dtctionat pxoeedune) . Any individual who claims to be adversely affected by allowance of the variance may file a statement with the NCO containing any information to r -40- support his claim. If at any time the NCO finds that a sufficient controversy exists regarding an application, a public hearing will be held. (C) In determining whether to grant to deny the application, the NCO shall balance the hardship on the applicant, the community, and other persons of not granting the variance against the adverse impact on the health, safety, and wel- fare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the variance. Applicants for variances and persons contesting variances may be required to submit such information as the NCO may reasonably require. In granting or denying an application, the NCO shall keep on public file a copy of the decision and the reasons for denying or granting the variance. (D) Variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the variance shall terminate the variance and sub9ect the person holding it to those provisions of this ordinance for which the variance was granted. -(E)'• A variance- will not exceed 365 days from the date on which it was granted. Application for extension of time limits specified in variances or -for. modification"of Ether sub- stantial conditions shall be treated like applications for initial variances under subsection (B) . (F) The NCO will issue guidelines pursuant to Section 3.3.1 approved by the (app)copAiate authoi ty) , defining the procedures to be followed in applying for a variance and the criteria to be considered in deciding whether to grant a variance. 12.2 VARIANCES FOR TIME TO COMPLY: (A) Within 90 days following the effective date of this ordih- ance, the owner of any commercial or industrial source of sound may apply to the NCO for a variance in time to comply with the provisions of this ordinance. The MCO shall have the authority, consistent with this section . to grant a variance (not to exceed daya 6nom the ejbec ve date o6 tlws o)tduianee). The same procedures and considerations by the NCO as followed under Section 12.1 shall likewise apply. Y ' -41- 12.3 APPEALS: Appeals of an adverse decision of the NCO shall be made to the (appRophiate authotity) . Review of the (appupniate authotity) shall be (de novo) / Limited to whethe% the decsion " euppoifted by aubbtantiaC evidence) / ae 6peci4.ied by the ), V7SCUSSION: The concept o4 a noize variance board, whobe 4unction it ..rs to gunt on deny vaxiance,6 to the noize oAdinance based upon input6 4Aom the NCO, ha.6 pAoven .6uccesa4ut .in OAange County, Regatan vatianee hea&inga ace hetd, at wh.icA time pending appeicationb are cona.Cdeaed, a.eong with ata.44 Aee- ormnendationa. The valtiance board eoui4ta o4 bi.ve votunteen , community Aepnesentativea appointed by the Soacd o4 Super- vi6oA6, .including a ,UedicaC OoctoA and a PAo4eu i.onat Acoustician. Faunation o4 euch a board may be dea.inabte .is th.ene t6 toeae pne66uAe againet a6zigning the NCO too much powe+c and .i4 the Region .is tacge enough to euppoAt euch a gAoup (a county-wtide boated appeau most woAhabte). -a2- SECTION • 13 ENFORCEMENT DISCUSSION: ftovi ion.3 o4 Section 13 ehoutd, be modibi•ed to con4arm with tocae taw. Speci6icaUy, the city oh county may wiah to matte viotatton6 o4 the ohdtnanee ".in4aacti.-nb" zimi,2aXto minors tna44.ie vEotationa, natheh than miademeanou. Addi- tionatey, .ib the abatement ondea .ia not eompUed with, the city oa county may want to utitize a diachettionany potccy o4 "Ruing an abatement oaden 4oh a jiA4t viotation, 4ot- towed by a citation 4oi. .eubsequent viotati.onz. Some o4 the moat .6uceeaejut no"a ordinance pnognama in the State .incorporate the pokicy o4 a ".604t-4uzz" appAoach. That .ia, utitization o4 violation notieea and meettnga with the eomptainant and the operatax or owners o4 the ob4ena.ive device .in onden to reaotve the eomptadnt z tuation without 4ormae count actiona. 13.1 PRIMA FACIE VIOLATION: Any noise exceeding the noise level limits for a designated noise }one as specified in Sections ,7 and 8 or the prohibited actions as specified in Section 9 of this chapter, shall be deemed to be prima facie evidence of a violation of the provisions of this chapter. 13.2 VIOLATIONS; MISDEMEANORS (INFRACTIONS) : Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor (.in4naction) and upon conviction thereof, shall be fined in an amount not to exceed dollars or, be imprisoned in the city (county) jail for a period not to exceed days or by both such fine and imprisonment. Each day such v o at on s committed or permitted to continue shall constitute a separate offense and shall be punishable as such. -43- 13.3 ABATEMENT ORDERS: (A) Except as provided in subsection (B) , in lieu of issuing t a notice of violation as provided for in Section 13.49 the � . NCO or other (agency/o66.ie,i.aZ) responsible for enforcement of any provision of this ordinance may issue an order re- quiring abatement of a sound source alleged to be in vio- lation, within a reasonable time period and according to guidelines (to be approved by the appropriate authority) which the NCO may prescribe. (B) An abatement order shall not be issued: (1 ) for any vio- lation covered by Section 13.2; or (2) when the NCO or other enforcement (agency/o44.i,aiae,) has reason to believe that there will not be compliance with an" abatement order. (C) No complaint or further action shall be taken in the event that the cause of the violation has been removed, the con- dition abated or fully corrected within the time period specified in the written notice. 13.4 NOTICE OF VIOLATION: Except where a person is acting in good faith to comply with an abatement order issued pursuant to Section 13.3 (A), violation of any provision of this ordinance shall be cause for a (notice ob vi.otation)/ (.6umm0n6)/(e0m- jota.int)/(ind(.ctment) to be issued by the NCO or other responsible enforce- ment (agency/o66ic"t) according to procedures which the NCO may prescribe. 13.5 VIOLATIONS: , ADDITIONAL PEMEDIES - INJUNCTIONS: 4 As an additional remedy, the operation or maintenance - of any device, instrument, vehicle or machinery in violation of any provision of this chapter which operation or maintenance causes or creates sound levels or vibration exceeding the allowable limits as specified in t;iis chapter shall be deemed and is.hereby declared to be a public nuisance and may be subject to abatement summarily by a restraining order rr injunction issued by a court of competent jurisdiction. Additionally, no provision of this ordinance shall be construed to impair any common,law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this ordinance or from other law. -aa- 13.6 CITIZEN SUITS: (A) After 30 days formal notice of complaint to the enforcing agency, any citizen of the city (county) may bring and maintain an action for injunctive relief to compel en- forcemAnt of this ordinance. (B) Provision (A) does not prevent any person from commencing a civil action on his own behalf against any person who is alleged to be in violation of any provision of this ordinance. 13.7 SEVERABILITY: If any provision of this ordinance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the ordinance shall not be invalidated. 13.8 EFFECTIVE DATE: This law shall take effect on r- Appendix A ' MOTOR VEHICLE NOISE LAWS & REGULATIONS Excerpts from the California Vehicle Code Vehicular Noise Limits 23130. (a) No person shall operate either a motor vehicle or combin- ation of vehicles of a type subject to registration at any time or under any condition of grade, load, acceleration, or deceleration in such a manner as to exceed the following noise limit for the category of motor vehicle within the speed limits specified in this section: Speed limit Speed limit of 35 mph of more than or less 35 mph (1) Any motor vehicle with a manu- facturer's gross vehicle weight rating of more than 10,000 pounds and any combination of vehicles towed by such motor vehicle .. ... . . . .. . . . .. . . ... .. .. . . . . 86 dBA 90 dBA Speed limit Speed limit of 45 mph of more than or less 45 mph (2) Any motorcycle other than a motor-driven cycle . . . . . . . . . . . . . . . . . 82 dBA 86 dBA (3) Any other motor vehicle and any combination of vehicles towed by such motor vehicle . . . . . . . . 76 dBA 82 dBA -A2- (b) The noise limits established by this section shall be based on a distance of 50 feet from the center of the lane of travel within the speed limit specified in this section. The Department of the California Highway Patrol may provide for measuring at distances other than 50 feet from the center of the lane of travel . In such a case, the measurement shall be corrected so as to provide for measurements equivalent to the noise limit established by this section measured at 50 feet. (c) The department shall adopt regulations establishing the• test procedures and instrumentation to be utilized. These procedures shall allow, to the extent feasible, noise measurement and enforcement action' to be accomplished in reasonably confined areas such as residential areas of urban cities. (d) This section applies to the total noise from a- vehicle or com- bination of vehicles and shall not be construed as limiting orsprecluding the enforcement of any other provisions of this code relating to. motor vehicle exhaust noise. (e) For the purpose of this section, a motortruck, truck tractor, or bus that is not equipped with an identification plate or marking bearing the manufacturer's name and manufacturer's •gross vehicle weight rating shall be considered as having a manufacturer's gross vehicle weight rating of more than 10,000 pounds if the unladen weight .is more than 5,000. pounds. (f) No person shall have a cause of action relating to the provisions of this section against a manufacturer of a vehicle or a component part thereof on a theory based upon breach of express or implied warranty un- less it is alleged and proved that such manufacturer did not comply with noise limit standards of the Vehicle Code applicable to manufacturers and in effect at the time such vehicle or component part was first sold for purposes other than resale. Vehicular Noise Limits: 35 MPH or Less Spee.i.,Zone 23130.5. (a) Notwithstanding the provisions of subdivision (a) of Section 23130, the noise limits, within a speed zone of 35• miles per hour or less on level streets, or streets with a grade not exceeding plus or minus 1 percent, for the fol .owing categories of motor vehicles, or com- binations of vehicles, which are subject to registration, shall be: (1) Any motor vehicle with a manufacturer's gross vehicle weight rating of 6,000 pounds or more and any combination of vehicles towed by such motor vehicle . . . . . . . . . . . . . . . . .. . . . . ...... .. . . .. . . . . . . 82 dBA I -A3- (2) Any motorcycle other than a motor-driven cycle . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . ..... . .. .. .... ... 77 d6A (3) Any other motor vehicle and any combination of vehicles towed by such motor vehicle . .... . . ... ..: . 74 d8A No person shall operate such a motor vehicle or combination of vehicles in such a manner as to exceed the noise limits specified in this section. The provisions of subdivisions (c) , (d) , (e), and (f) of Section 23130 shall apply to this section. (b) Measurements shall not be made within 200 feet of any intersection controlled by an official traffic control device, or within 200 feet of the beginning or end of any grade in excess of plus or minus 1 percent. Measurements shall be made when it is reasonable to assume that the vehi- cle flow is at a constant rate of speed, and Measurement shall not be made under congested traffic conditions which require noticeable acceleration or deceleration. (c) Test procedures and instrumentation to be utilized shall be in accordance with regulations of the Department of the California HIghway Patrol , except that measurement shall not be conducted within 200 feet of any intersection controlled by an official traffic control device, or within 200 feet of the beginning or end of a grade. (d) The noise limits established by this section shall be based on a distance of 50 feet from the center of the lane of travel within the speed limit specified in this section. The Department of the California Highway Patrol may provide for measuring at distances closer than 50 feet from the center of •the lane of travel . In such a case,. the measuring devices shall be so calibrated as to provide for measurements equivalent to the noise limit established by this section measured at 50 feet. Vehicles equipped with at least two snowtread tires are exempt from this section. Mufflers •27150. (a) Every motor vehicle subject to registration shall at all times be equipped with an adequate muffler in constant operation and pro- perly maintained to prevent any excessive or unusual noise, and no muf- fler or exhaust system shall be equipped with a cutout, bypass, or similar device. -A4- (b) Every passenger vehicle, except an off-highway motor vehicle sub- ject to identification as defined in Section 38012, operated off the high- ways shall at• all times be equipped with an adequate muffler in constant operation and properly maintained so as to meet the requirements of Section 27160, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device. (c) The provisions of subdivision (b) shall not.be applicable to pas- senger vehicles being operated off the highways in an organized racing or competitive event conducted under the auspices of' a recognized sanctioning body or by permit issued by the local governmental authority having juris- diction. Modification of Exhaust Systems 27151 . No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted- by the motor of such vehicle, above that emitted by the muffler originally installed on the vehicle and the original muffler shall comply with all of the re- quirements of this chapter. No person shall operate a motor vehicle with an exhaust system so modified. Amended Ch. 503, Stats. 1971 . Operative May 3, 1972. Muffler Required ' 38275. (a) Every off-highway motor vehicle subject to identification shall at all times be equipped with an .adequate muffler in constant opera- tion and properly maintained so as to meet the requirements of Section 38280, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device. (b) The provisions of subdivision (a) shall not be applicable to vehicles being operated off the highways in an organized racing or com- petitive event upon a closed course and which is conducted under the auspices of a recognized sanctioning body or by permit issued by the local governmental authority having jurisdiction. Sale of Vehicle Exceeding Noise Limit Prohibited 38280. (a) The Department of Motor Vehicles shall not identify a new off-highway motor vehicle subject to identification, on a dealer's report of sale, which produces a maximum noise exceeding the following a . -A5- noise limit at a distance of 50 feet from the centerline of travel under test procedures established by the Department of the California Highway Patrol : (1) Any such vehicle manufactured on or after January 1 , 1972 and before January 1 , 1973 .... .. . . ... 92 dBA (2) Any such vehicle manufactured on or after January 1, 1973 and before January 1 , 1975 . .... . ..:. 88 dBA (3) Any such vehicle manufactured on or after January 1 , 1975 .. .. . . . . . . . . . . . . . . .. . I.. .. ... .. . . . .. . 86 dBA (b) The department may accept a dealer's certificate as proof of compliance with this section. (c) Test procedures for compliance with this section shall be estab- lished by the Department of the California Highway Patrol , taking into consideration the test procedures of the Society of Automotive Engineers. (d) No person shall sell or offer for sale a new off-highway motor vehicle subject to identification which produces a maximum noise exceeding the noise limits set forth in subdivision (a) for which noise emission standards or regulations have not been adopted by the Administrator of P Environmental rotection enc pursuant to the Federal Noise Control thep Agency Act of 1972 (P.L. 92-574). (e) No person shall sell or offer for sale a new off-highway motor vehicle subject to identification which produces noise that exceeds or in any way Violates the noise emission standards or regulations adopted for such a motor vehicle by the Administrator of the Environmental Pro- tection Agency pursuant to the Federal Noise Control Act of 1972 (P.L. 92-574.). (f) As used in this section, the term "identify" is equivalent to the term "licensing" as used in Section 6(e)(2) of the Federal Noise Control Act of 1972 (P.L. 92-574) . Noise Limits 27200. (a) The Department of Motor Vehicles shall not register on a dealer's report of sale a new motor vehicle, except an off-highway motor vehicle subject to identification as defined in Section 38012, which produces a maximum noise exceeding the applicable noise limit at d test proce- dures distance o 50 feet from the centerline of travel under to f f P dures established by the Department of the California Highway Patrol . Y -A6- (b) The Department of Motor Vehicles may accept a dealer's certifi- cate as proof of compliance with this article. (c) Test procedures for compliance with this article shall be estab- lished by the Department of the California Highway Patrol , taking into consideration the test procedures of the Society of Automotive Engineers. (d) No person shall sell or offer for sale a new motor vehicle, ex- cept an off-highway motor vehicle subject to identification as defined in Section 38012, which produces .a maximum noise exceeding the applicable noise .limit specified in this article, and for which noise emission standards or regulations have not been adopted by the Administrator of the Environmental Protection Agency pursuant to the Federal -Noise Control Act of 1972 (P.L. 92-574) . (e) No person shall sell or offer for sale a new motor vehicle, ex- cept an off-highway motor vehicle subject to identification as defined in Section 38012, which produces noise that exceeds or in any way violates the noise emission standards or regulations adopted for such a motor ' vehicle by the Administrator of the Environmental Protection Agency pursuant to the Federal Noise Control Act of 1972 (P.L. 92-574). (f) As used in this section, the term "register" is equivalent to the term "licensing" as used in Section 6(e)(2) of the Federal Noise Control Act of 1972 (P.L. 92-574) . 27203. For the purposes of Section 27200, the noise limit of 82 d8A shall apply to any snowmobile manufactured after 1972. Appendix B CALIFORNIA MOTOR BOAT NOISE REGULATIONS 654. Muffler Requirements. The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled at all times to prevent any excessive or unusual noise and as may be necessary to com- ply with the provisions of Section 654.05. The provisions of this section shall not apply to motorboats com- peting under a local public entity or United States Coast Guard permit in a regatta, in a boat race, while on trial runs, or while on official trials for speed records during the time and in the designated area authorized by the permit. in addition, this section shall not apply to motorboats preparing for a race or regatta if authorized by a permit Issued by the local entity having jurisdiction over the area where the preparations will occur. 654.05. No person shall operate any motiorboat in or upon the. in1and waters of this state in such a manner as to exceed the following noise levels: (a) For engines manufactured before January 1 , 1976, a noise level of 86 dBA measured at a distance of 50 feet from the motorboat. (b) For engines manufactured on or after January-1 , 1976, and before January 1 , 1978, a noise level of 84 dBA measured at a distance of 50 feet from the motorboat. (c) For engines manufactured on or after January 1 , 1978, a noise level of 82 dBA measured at a distance of 50 feet from the motorboat. (d) Testing procedures employed to determine such noise levels shall be in accordance with the exterior sound level measurement procedure for pleasure motorboats recommended by the Society of•Automotive Engineers in its recommended practice designated SAE J34. The department may, by regulation, amend such testing procedures when deemed necessary to adjust to advances in technology. .fir F -B2- The provisions of this section shall not apply to motorboats compet- ing under a local public entity or United States Coast Guard permit in a regatta, in a boat race, while on trial runs, or while on official trials for speed records during the time and in the designated area authorized by the permit. In addition, this section shall not apply to motorboats preparing for a race or regatta if authorized by a permit issued by the local entity having jurisdiction over the area where the preparations will occur. 654.06. No person shall sell or offer for sale at retail any internal combustion engine for use on any motorboat which, when operated, exceeds the following noise levels: (a) For engines manufactured on or after January 1 , 1974, and before January 12 1976, a noise level of 86 dBA measured at a distance of 50 feet from the motorboat. (b) For engines manufactured on or after January 1 ,• 1976, and before January 1 , 1978, a noise level of 84 dBA measured at a distance of 50 feet from the motorboat. (c) For engines manufactured on or after January 1 , '1978, a noise level of 82 dBA measured at a distance of 50 feet from the motorboat. 668. Penalties. (a) Any person who violates any provisions of Section 65 654.052 654.06, or 659 and.any manufacturer or importer who violates Section 653 of this code or any regulations adopted by the department pursuant thereto is guilty of a misdemeanor and shall be sub- ject to a fine of not to exceed fifty dollars ($50) or imprisonment in the county jail for not to exceed five days, or both, for each violation. (b) Any person who violates any provisions of subdivision (a) or (b) of Section 658 of this code is guilty of a misdemeanor and shall be sub- ject to a fine of not to exceed one hundred dollars .($100) for each violation. (c) Any person who violates any provision of Section 652.5, 655, 656, or subdivision (d) or (e) of Section 658 of this code or any special rules and regulations adopted by the department pursuant to the provisions of subdivisions (b) or (c) of Section 660 of this code is guilty of a misdemeanor and shall be subject to a fine of not to exceed five hundred dollars ($500) or imprisonment in the county jail for not to exceed six months or both, for each violation. (Harbors and Navigation Code; Sections 654, 654.05, 654.06 and 668; Effective July 1 , 1973; Amended by Ch. 1269, Laws of 1974, September 23, 1974. ) 1 y A Citizen Suits o m F An Any person may start a civil action on a W < EnVuonmental his.own behalf against any person or the W e U.S. and any other governmental agency E o m Law for violation of this act. Similarly, civil °z action may be brought against the Ad- `C 0 :5 ministrator of EPA or FAA for failure "& c to perform any non-discretionary duty under this law. No rights which a person may have under different statutes or the common law to enforce a noise control c requirement are restricted by this law. W THE and cumulative noise exposure around airports. NOISE Using this information, EPA is to'submit to the FAA proposed regulations to control aircraft noise and sonic booms. After a hearing and CONTROL ACT further consultation with EPA, the FAA may ! '� •�� adopt or modify the proposed regulations. The y ti OF 1912 FAA may reject the proposals if it believes they are unsafe, technologically or economically in- 4 CQ. feasible, or not applicable to certain aircraft. •ift However, it must publicly explain its specific C reasons for rejection. A continuing review and 0 consultation role is provided for EPA. O O AN END TO NOISE POLLUTION '-a two The comprehensive nature of the Noise Con- ' trol Act of 1972 brings under Federal regula- tion for the first time, nearly all of the major , new sources of noise. An incentive now exists $ for the full employment of noise-control tech- nology that is already available, and the day Z y •� when quiet is restored appears closer. We know ° how to build quieter. Now the law is to give p> SZ6 the Nation the stimulation to do it. o C gam Qs N O •• • ,The reader is free toquoteor reproduce any part ° c 4., U.S. ENVIRONMENTAL PROTECTION AGENCYof this publication without further permission. December 1972 LL .M WASHINGTON, D.C. 20460 For sale by the Superintendent of Documents, U. A. o S a Government Printing Oatcm,Washington,D. C.20402 w w i .h •�,I V y H 1r 4 0:53 � ` Thank You . . . � For your order which is returned for your files The publications you have ordered are enclosed. If this shipment is not correct, please be sure to return your original order with your request for adjustment.Please do not return incorrect publications until notified. It has been a pleasure to handle your order; we hope you will let Its be of service to you again in the future. Superintendent of Documents GOVERNMENT PAINTING OFFICE WASHINGTON. D.C. 2 0 4 0 2 SDI-206 {(US GOVERNMENT PRINTING OFFICE- 1873.•702.030/294 REGION NO 0 JAI ED STgT NTID 73.1 =� Ay� MOO Z O� �i%q< PROOe NOISE SOURCE REGULATION IN STATE AND LOCAL NOISE ORDINANCES NTID73.1 NOISE SOURCE REGULATION IN STATE AND LOCAL NOISE ORDINANCES March 1, 1973 r This Document was Prepared by The Office of Noise Abatement and Control 1 U. S. Environmental Protection Agency e L Washington, D.C. 20460 f Far solo by the 8aporintondont of Dooumants,17.9.Qovaranamt Printlno Omco,Washington,D.C.20403 Price 35 cents domestlo postpaid or 25 cents OPO Bookstore INTRODUCTION As more noise control regulations are enacted at the state and local levels, it has become more difficult to get an accurate overview of those regulations. What is needed is a planning and reference guide for public administrators and other officials engaged in developing and implementing noise control programs. To aid in satisfying that need, the Office of Noise Abatement and Control of the US Environmental Protection Agency has prepared this document. Presented herein is a summary of noise source regulations encompassed in current state laws and local ordinances. Data has been extracted from only those laws and ordinances stipulating specific decibel levels. For information on the measurement procedures used, refer to the specific law or ordinance. The state ordinances summarized in this report deal primarily with ground transportation systems. The local ordinances, on the other hand, deal with sev- eral different aspects of the noise problem, such as restricting noise from transportation systems and from construction equipment and limiting the noise transmitted across property lines. Because of the many variations among local regulations, no attempt has been made to list the specific noise level require- ments contained in local zoning laws and building codes. Because new ordinances will continually be enacted, this publication will be updated at appropriate inter- vals. f I� I f i I I I� i NOISE REGULATION AT THE STATE LEVEL TRANSPORTATION NOISE (dBA values at 50 foot=less noted OtImMIso) slow Daeoilptlon California Colorado Minnesota Co=aatloul Operation of vehicles at Effocttvo 95 MPN Wor Effective 95 Twit War Elfoctive t5 MPII War Efmcllvo 35 Twin Ovor posted speeds; Dote notes¢ 36141,11 Dote or lase 35 MPII Data r10.0 35 MPH Dom colons 35hwR Before 1/1/76 82 86 a.Momroye10 82 Be 82 86 82 80 After 1/l/75 80 84 b.Vehicle with..OVW of 6000 Boforel/1/73 88 90 Before I/1/13 88 90 Before 1/3/73 80 90 Data.1/1/75 80 00 lb or more(or combination) After iA/13 80 90 After 1/1/73 80 90 After 1/1/73 86 90 Ater 1/1/76 M BB a.Any other motor vehicle and 76 82 82 Be 76 82 76 82 any,combination of motor vehicles towed by such vo- h1cto Hato of now vehicles Boforo 1970 92 a, Mammals After-69.Beforo'73 88 (fmludcs motor-drivoa cycles In Its After'72,Before'75 80 provletons on motorayales) Before 3/1/72 92 After-74,Before'78 80 After 1/1/72 BB After'77,Below'88 76 Before 1/1/73 After'87 70 After 1/1/73 88 After 1/1/73 80 b.V.blola with a OVW of 6000 After 067,Before 173 BB After 1A/71 as After lA/68 80 Ib or more After-72,Before'75 00 Before 1/1/73 Hafora 1/1/73 After 174,Before 178 03 After 177,Before'88 a0 After'87 70 Attar 0/73 86 After 1/1/73 86 a.Any other motor vehicle Mae$67,Before'73 86 After 1/I/68 80 After 1/1/72 86 After-72,Before 175 84 Before 1/1/73 Hoforo 1/1/73 After 174,Before'78 so After-77,Bumro'80 76 After'87 70 After IA/73 84 A[ter I/3/73 84 Snowmobile 35 Twit or toes 82 Before 1/l/75 02 Operation Ovor 35 hIPB Be After 1/1/76 79 Salo of now snowmobiles After 1/1/71 86 After 1/1/73 BM1 Nolen loval limits for the Any vehicle manufactured on Before 1/1/75 80 operation of motor vehicles or after I/3/72 before I/I/73 92 after 1/1/73 before 1/1/7G 88 On or after 1/l/76 73 after 1/1/75 00 Nolen Itmlm for Iovol,low- speed made(.object to spacial manuring cendl- time) a.Any motor vehlala with a OVW at 0000 Is or users Be (or combination) b.A remorcycl. 77 iry a.Any sitar motor vehlal 7vehicle, =d any combination of vehicles towed by such other vehicle Establish Note.Impact Do=d¢ry amend airports. Now airports CNEL 65 dH fixletmg large airports Before 80 113 After 1/1/760 75 dB After%A/% 70 dB After Will 65 dB Enietmg small airports Afmr] 70 M /3/810 00 *Colorado and Rimom taro no only stems that bavc also omission standards for stationary nciso sources. i TRANsttoRTAMN NOCIE (411A Volga,at Bo tat eNass Whuwfso cooed) 5tsts 1 DeeulDOov Camam "Cut belua Peasylrab idoho N,T. Bimba Blur. OpersUa of Whole.at EON. 2511P1t Oror Effa. 25 San Over Effa, 35MR Over po,bd spereae INts crime, hS Bmli Dem orlon 2510,11 Dab mete.. all 1@II sloWn cla Daero Who a2 at B2 to V/th1 00 01 Alm,1/1/75 0 5d 1 b.Vehicle wllhe OVWof oat Eafom l/l/n 8s 0 D.forolh/ts B8 50 0/1/n 00 42 e or mom(or comBlaOwl Aflor VI/is a as After 1/1/72 Bo 00 JIMMor mom) a.Ate other We rohloe and 78 81 Td B2 0/1/fl 82 Be ,) W amblalloa mf motor uhlabs moved bTsmh I "hid. Nob.limits for eul,low Need Nadu a.Motommlo TT b.Vowel.wKh AOVWot date Be lb or mom a Aap motor Wel.not W Td cambealbe,of coder Yo- Boles amml by nab Nhees. 5aowmablk gwn5a �rol/1/1/16 W 00 eel.ofomrnawmoWk. rj Alcor BA/mU After e/2oht AMe l/1/TI Aftsrehhd T2 Beet ISR fl solo of aew"Woe, ..Eotarceae Aftstl/l/72 so b.Vehicle with a OVW of T000 Mice 1/1/72 so lb a mare o.AST Maer .We ve6l.1. ARer 1/l/12 81 Notse 1rve1 limit,tot the Deforal/1/'!5 80 aperoRa of combo nbmfea Afbr lh T2 t24 m 10 ft. J� l NOISE REGULATION AT THE LOCAL LEVEL TRANSPORTATION NOISE BIM values at 50 foot unless noted otharwlso) City Boeoripllon CM1iuogo Donlon N.Y.city- hilvnoopolle Propoea Nsehingbn,D. C. Op eaBoa of vchl.l..at Effootive 35 6tIll Over 96 s�1i Over Effective 35 MP11 Over EfData. 35 s@II Ova[ Booted epemis Oote or lose 35 glPll or lose 3563P11 or lose or lee. 95Iml ➢eW or lase 35 Moil A. Motoroyclo Before 1h/18 82 80 set Be After 1/3/18 18 62 18 02 82 06 b.Heavy vohlolo Before VIM 88 00 But.ro 1/1/15 88 90 Baton l/l/13 88 00 After 1/3/13 60 00 Be 6o Afbr 1/1/15 Be 00 After 1/l/93 80 00 a.Avy other..We n1d.lo end After 1/1/10 10 02 761 82 After 1/1/71 10 82 eav of..We vehlalos bwod After l/l/10 10 10 10 10 02 80 After l/1/18 10 10 by saute vohiol0 Sala of..w vohlolo. After 1/1/11 88 a.M.teiayolo Before l/l/10 02 After 1/1/13 Be After l/I/10 00 After iA/10 08 Before 1/1/12 90 After 1/1/16 84 After 1/1/73 00 After lh/13 00 ARorrl/3/12 Be After l/1/80 '16 After 1/l/15 M After ih/16 64 Baton 1/1/19 Afbr Was 18 After 1/1/80 16 After I/I/13 Be b,hoary vehicle After 3/1/2 06 After 1/1/10 00 Alto 1/1/12 Be After Ih/13 00 After l/1/15 85 After 1/1/73 86 After 1/1/76 Be After lh/2 80 After l/3/80 16 After 1/1/16 M After 1te/10 84 After i/1/BO 16 After]h/80 75 0.Paesongor or,motor- After 1/1/13 84 Before 1/1/2 36 Before I/1/13 86 &I.oyol.end say After I/l/16 6o After i/1/2 M After I/l/12 80 After Ih/13 84 other motor vohlolo After VIM 16 After 1/1/16 80 After VIM 84 After lh/76 80 Nter I/1/80 16 Aflor ih/80 16 Baowmoblla After 6/1/2 82 After 0/3/14 13 Any other vehicle molutltng After 1/1/71 86 ItaNsa nespeatmg dune buggy,all-tornN Nter,I/l/13 82 vestal.manufa.- vohlola,go-anrt,mlul-bike After l/I/16 13 tur.dorppureh .d after 12/3 a.3/14: 0 10 feat Momrvd[Ivaa vehlelee not But..1 13 80 .ablest to registration for road use After 1/1/2 82 Poworolboete ➢et..1h/16 Be After VIM 10 Mrovidoe far allowable level.at 25 fast as well as 50 fact 1 Baton l/l/18 After 1/l/18 (P4 i I I{l c 4 f , TRANSPORTATION NOISE(Cont.) Oahu General vehicle holes laws: Light Vehicles*—Defore 1/1/77(After 1/1/77) Ann Arbor, Mich.—00 @ 20 ft with vehicle traveling 20 mph Pocatello, Idaho 92 @ 20 it Idaho rails, Idaho Posted Speed Limit Measurement Distance Olnolnnati, Ohio— 06 @ 20 ft 20 It 26 it 60 it Omaha, Nobracka—80 @ 26 it(except heavy vehicles) 88 @ 26 fb(hoavy vehicles) 26 mph or less 77(60) 76(67) 69(01) Walla Walla, Washington 30 79(71) 77(69) 71(63) Seattle, Washington }96 0 20 It(Neutral—full throttle) 36 81(73) 79(71) 73(06) Pullman, Washington—At 26 it at speed of 36 mph: 40 83(76) 81(73) 76(67) Vehicle(6000 lb or more) 92 46 86(77) 83(75) 77(09) Motorcycle(engine displace- 60 87(79) 86(77) 70(71) mont of 125 cola or larger) so 66 89 (81) 87(79) 81(73) Any motor vehicle or com- 00 mph or more 91(83) 89(81) 83(76) binstion 82 Anchorage, Alaska—88 @ So R, speed<25 mph Boulder, Colorado—all vehicles limited to 88 from 7 AM to 0 PM, Mon-Sat Heavy Vehicles*—1/j/72 to 12/31/73, After 1/1/74, After 1/1/17 Peoria, Illinois—bfaximum Levels Distance(R) Time Periods Measurement Distance 86 46 Posted Speed Limit When Applicable 20 it 26 R 60 It 87 40 88 36 36 mph or lose Day-Tlmo 04,92,83 02,00,81 80,84,15 89.5 30 Evening 92,92,75 90,00,73 84,84,07 91 26 98 20 Night 81,81,73 79,79,71 73,73,06 HIS i6 Holiday Sunday Moro than 36 mph All 94,92,83 92,90,81 80.84,76 Truck Routes All 96,96,-- 94,94,-- 88,88,-- *Vehicles include automobiles, trucks, buses, motorcycles, motorizedbikos, motorized bicycles, scooters, go-carts, farm machinery, Industrial machin- ery, highway graders, trailers, etc. J1 1 MACHINE NOISE (dBA levels at 50 feet unless noted otherwise) City Description Chicago Boston N.Y. City Sale or lease of new After 1/1/72 94 After 1/1/72 94 construction and After 1/1/73 88 After 1/1/73 88 Industrial equipment After 1/1/75 86 After 1/1/80 80 After I.A/80 80 Air compressors 12/31/72 90 (operate or permit 6/30/74 80 to be operated) at 1 meter Air compressors 12/31/72 85 (sell, offer for sale, 6/ 30/74 75 permit to be oper- 12/31/75 70 ated) at 1 meter Agricultural tractors After 1A/72 88 After 1/1/72 88 and equipment After 1/1/75 86 After 1/1/75 86 After 1/1/80 80 After 1/1/80 80 Powered commercial After 1/1/72 88 After 1/1/72 88 equipment intended for infrequent use in After 1/1/73 84 After 1/1/73 84 residential area (chain saws, pavement After 1/1/80 80 After 1/1/80 80 breakers, log chip- pers, etc.) Powered equipment After 1/1/72 74 After 1/1/72 74 intended for repeti- tive use in residen- After 1/1/75 70 After 1/1/75 70 tial area (lawn mower, garden After 1/1/78 65 After 1A/78 65 tools, etc.) Motor vehicle claxons at 25 ft 75 1974 models and thereafter Emergency signal 90 devices at 50 ft Paving breaker at 12/31/73 94 1 meter 12/31/75 90 OTHER OBJECTIVE STANDARDS City Description Aspen, Colorado Specifies a limit of 80 dB(A) @ 25 ft from noise source or at least 25 ft from the property line Boulder, Colorado on which the noise source is located. Medina, Washington Any level greater than 95 dB(A) @ 20 feet from noise source. Indianapolis, Indiana Speakers and sound amplifying equipment<115 dB @ 6 inches from speaker. Salt Lake City, Utah Drive-in restaurants: Octave dB (re 0.002 Band dynes/cm2) 600-1200 50 1200-2400 44 2400-4800 37 Palo Alto, California Includes 83 dBA limit from individual construc- tion equipment at 25 ft; 86 dBA limit at any point outside of the property plane of a construc- tion project. San Francisco, California Includes limits on waste disposal services, garbage collection, etc. , 80 dBA at 50 ft on and after 6 months after effective date re- duced to 75 dBA on and after 66 months after effective date. Includes limits on motor ve- hicles for off-highway use. Park Ridge, Illinois Establishes aircraft runway extensions defined as areas 1200 feet wide and five miles long which adjoin existing runways at O'Hare Inter- national Airport, the center line of the runway continuing as the center line of the extension. Noise above 95 dBC measured within this area Is prohibited. Santa Barbara, California Restricts all nonflight activities of aircraft to the community noise equivalent level (CNEL) of 80 dBA. Portland, Oregon Helistops are prohibited in residential and commercial zones if the noise from these facilities at landing or takeoff exceeds 90 dB at the boundary of adjacent property in resi- dential areas, or at the nearest occupied premises in commercial zones. 1 1 COMMUNITIES APPLYING DECIBEL LIMITS TO ZONING LAWS, BUILDING CODES, AND PROPERTY LINES Juneau, Alaska Peoria, Illinois Ketchikan, Alaska Baton Rouge, Louisiana Tucson, Arizona Baltimore, Maryland Anaheim, California Boston, Massachusetts Beverly Hills, California Springfield, Massachusetts Fountain Valley, California Minneapolis, Minnesota Hemet, California Rochester, Minnesota Inglewood, California Las Vegas, Nevada Los Angeles, California Fair Lawn, New Jersey Palo Alto, California Albuquerque, New Mexico San Francisco, California Binghamton, New York Torrance, California Columbus, Ohio Colorado Springs, Colorado Dayton, Ohio Denver, Colorado Grants Pass, Oregon New Haven, Connecticut Silverton, Oregon District of Columbia Warwick, Rhode Island Jacksonville, Florida Amarillo, Texas Miami, Florida Dallas, Texas College Park, Georgia Bellevue, Washington Chicago, Illinois Kirkland, Washington a U. S. GOVERNMENT PRINTING OFFICE: 1573-514-154/292 G I r � !_ t I Ih i U.S. Environmental Protection Agency Washington, D.C. 26460 1 EPA 550/9-76.003 a J���ED STgp�iP = 2 MODEL o= f COMMUNITY NOISE CONTROL ORDINANCE September 1975 U.S. Environmental Protection Agency Washington, D.C. 20460 i' TECHNICAL REPORT DATA (Please read lnstmolons on the reverse before compleNngJ 1.REPORT NO. 2. 3.RECIPIENT'S ACCESSIOMNO. EPA 550/9-76-003 4.TITLE AND SUBTITLE S.REPORT DATE of Model Community Noise Control Ordinance September 1975 approval) 8.PERFORMING ORGANIZATION CODE AIV-471 7.ALITMCRIS) 8.PERFORMING ORGANIZATION REPORT NO. National Institute of Municipal Law Officers U.S. Environmental Protection Agency N/A 9.PERFORMING ORGANIZATION NAME AND ADDRESS 10.PROGRAM ELEMENT NO. N A 1. O T AC RANT No. None 12.SPONSORING AGENCY NAME AND ADDRESS 13,TYPE OF REPORT AND PERIOD COVERED Environmental Protection Agency Final Office of Noise Abatement and Control 14.SPONSORING AGENCY CODE Crystal .Sall #2 Arlington, Virginia 20460 15.SUPPLEMENTARY NOTES Prepared in cooperation with N.I.M.L.O. 16.ABSTRACT This report contains a model ordinance for use by cities and counties in the development of noise control ordinances tailored to local con- ditions and goals. It is a comprehensive, performance-standard noise ordinance intended to overcome enforcement problems associated with the outmoded nuisance law approach to noise control. This report con- tains sections on the control of noise from both stationary and mobile sources and includes land use planning provisions. A preamble gives important explanatory information for certain ordinance sections. 17. KEY WORDS AND DOCUMENT ANALYSIS a. DESCRIPTORS b.IDENTIFIERS/OPEN ENDED TERMS e. COSATI Pleld/Group enforcement, land use, model ordinance, noise control, sound levels, standards 18.DISTRIBUTION STATEMENT 19.SECURITY CLASS(Tbls Report) 21.NO.O-PAGES Release Unlimited 20.SECURITY CLASS(Tlds page) 22.PRICE EPA Form 2220•1 (9.73) EPA 550/9-76-003 MODEL COMMUNITY NOISE CONTROL ORDINANCE SEPTEMBER 1975 PREPARED BY: National Institute of Municipal Law Officers in conjunction with The U.S. Environmental Protection Agency This document has been approved for general availability. It does not constitute a standard, specification,or regulation. 71 FOREWORD In recent years,interest in noise control legislation on the local level has increased greatly,and the need for an up-to-date, comprehensive model law has become evident. Cities and counties throughout the country have become aware that ordinances relying solely on the nuisance law approach are inadequate to control today's noise problems, and they have sought an effective alternative. This is.a performance-standard model noise ordinance which is intended to be a basic tool for use by communities of various sizes in the development of noise control ordinances tailored to their specific local conditions and goals. This model ordinance was prepared by the National Institute of Municipal Law Officers in conjunction with the Environmental Protection Agency. Representatives of several State,and local governments also assisted in the ordinance preparation. We would like to express our thanks to all those who contributed to the drafting and review of this model ordinance. C," � Y Charles S. Rhyne, General Counsel National Institute of Municipal Law Officers --?—44*L& r Alvin F.Meyer,Jr. Deputy Assistant Administra for Noise Control Programs U.S. Environmental Protection Agency i DATE.... :V!V0 7S ........... TO: RICHARD V. HOGAN ❑ MAYOR ❑ GEN. SERVICES ❑ COUNCIL ❑ LIBRARY ❑ MANAGER ❑ MARINE SAFETY ❑ ASST. MGR. ❑ PARKS & REC. ❑ ADMIN. ASST. ❑ PERSONNEL ❑ ATTORNEY ❑ POLICE ❑ CITY CLERK ❑ PUBLIC WORKS xEN COMM. DEV. ❑ PURCHASING ❑ FINANCE ❑ TRAFFIC ❑ FIRE FORi❑ ACTION & ITI �� •�9 LE `�NIFORMA FO F.ot�\p�e�� 1•.�'� �� ,,....+^•..Q REVIEW-, CCOMM�plefj£? X�RETURN /� C),•�0�4PQ�, Jl REMARKS:— ....................�:. .. ....0......G . ........... .......... ...................................... ........: .. ..... ............ .. .............. .....1....�.�!...�'. .... .. ... . ........ ...0 - .... . .................... . ... ........... ... ...... ..... ....................................................... . ....................... .....................�........................ ............ ......... : .. ... .................... PREAMBLE TO THE MODEL COMMUNITY NOISE CONTROL ORDINANCE CONTENTS PAGE INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Background . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Interrelationship of Various Provisions . . . . . . . . . . . . . . . . 2 GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . Policy Regarding Levels . . . . . . . . . . . . . . . . . . . . . . 2 3 Preemption . . . . . . . . . . . . . . . . . . . . . . . . . . . b Hearing Board and Advisory Council . . . . . . . . . . . . . . . . . 6 SPECIFIC PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . 6 Article III —Definitions . . . . . . . . . . . . . . . . . . . . . 7 Article IV —Powers and Duties . . . . . . . . . . . . . . . . . . 9 Article VIII —Defining Land Use Districts . . . . . . . . . . . . . . . 9 Article X — Land Use . . . . . . . . . . . . . • • • • . . . . . 13 Article XI —Enforcement . . . . . . . . . . . . . . . . . . . . FORMAT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 FIGURES PAGE Figure 1. Fixed Noise Source Levels at Residential Boundaries . . . . . . . . 10 Figure 2. Fixed Noise Source Levels at Business/Commercial Boundaries . . . . 11 Figure 3. Fixed Noise Source Levels at Manufacturing/Industrial Boundaries. . . 12 V t MODEL COMMUNITY NOISE CONTROL ORDINANCE LIST OF PROVISIONS CONTENTS PAGE ARTICLE I SHORT TITLE 17 ARTICLE II DECLARATION OF FINDINGS AND POLICY;SCOPE 17 ARTICLE III DEFINITIONS AND STANDARDS 17 ARTICLE IV POWERS AND DUTIES OF THE (ENVIRONMENTAL PROTECTION)/(NOISE CONTROL) OFFICER) 22 4.1 Lead (Agency/Official) 22 4.2 Powers of the(Environmental Protection)/(Noise Control) Office(r) 22 4.2.1 Studies 22 4.2.2 Education 23 4.2.3 Coordination and Cooperation 23 4.2.4 Review of Actions of Other Departments 23 4.2.5 Review of Public and Private Projects 23 4.2.6 Inspections 23 4.2.7 Records 24 4.2.8 Measurements by the Owner or Operator 24 4.2.9 Product Performance Standard Recommendations 24 4.2.10 Noise Sensitive Zone Recommendations 24 4.3 Duties of(Environmental Protection)/(Noise Control) Office(r) 25 4.3.1 Standards,Testing Methods,and Procedures 25 4.3.2 Investigate and Pursue Violations 25 4.3.3 Delegation of Authority 25 4.3.4 Truck Routes and Transportation Planning 25 4.3.5 Capital Improvement Guidelines 25 4.3.6 State and Federal Laws and Regulations 25 4.3.7 Planning to Achieve Long Term Noise Goals 26 4.3.8 Administer Grants, Funds and Gifts 26 4.3.9 Periodic Report 26 vi PAGE ARTICLE V DUTIES AND RESPONSIBILITIES OF OTHER DEPARTMENTS 26 5.1 Departmental Actions 26 5.2 Departmental Cooperation 26 5.3 Departmental Compliance with Other Laws 26 5.4 Project Approval 27 5.5 Contracts 27 5.6 Low Noise Emission Products 27 5.7 Capital Improvement Program 27 ARTICLE VI PROHIBITED ACTS 27 6.1 Noise Disturbances Prohibited 27 6.2 Specific Prohibitions 28 6.2.1 Radios,Television Sets,Musical Instruments and Similar Devices 28 6.2.2 Loudspeakers/Public Address Systems 28 6.2.3 Street Sales 29 6.2.4 Animals and Birds 29 6.2.5 Loading and Unloading 29 6.2.6 Construction 29 6.2.7 Vehicle or Motorboat Repairs and Testing 29 6.2.8 Airport and Aircraft Operations 30 6.2.9 Places of Public Entertainment 30 6.2.10 Explosives, Firearms,and Similar Devices 30 6.2.11 Powered Model Vehicles 30 6.2.12 Vibration 31 6.2.13 Stationary Non-Emergency Signaling Devices 31 6.2.14 Emergency Signaling Devices 31 6.2.15 Motorboats 32 6.2.16 Noise Sensitive Zones 32 6.2.17 Domestic Power Tools 32 6.2.18 Tampering 32 ARTICLE VII EXCEPTIONS AND VARIANCES 33 7.1 Emergency Exception 33 7.2 Special Variances 33 7.3 Variances for Time to Comply 34 7.4 Appeals 35 vii PAGE ARTICLE VIII SOUND LEVELS BY RECEIVING LAND USE 36 8.1 Maximum Permissible Sound Levels by Receiving Land Use 36 8.2 Correction for Character of Sound 36 8.3 Exemptions 36 ARTICLE IX MOTOR VEHICLE MAXIMUM SOUND LEVELS 37 9.1 Motor Vehicles and Motorcycles on Public Rights-of-Way 37 9.1.1 Adequate Mufflers or Sound Dissipative Devices 38 9.1.2 Motor Vehicle Horns and Signaling Devices 38 9.1.3 Refuse Collection Vehicles 38 9.1.4 Standing Motor Vehicles 39 9.2 Recreational Motorized Vehicles Operating Off Public Rights-of-Way 39 ARTICLE X LAND USE 40 10.1 General Provisions 40 10.2 Construction Restrictions for Habitable and Institutional Structures 40 10.3 Recreational Area Restrictions 41 10.4 Site Study Requirement 42 10.5 Commercial and Industrial Construction 43 10.6 Sound from New Transportation Systems in Residential Areas 43 10.7 Equivalent Measurement Systems 43 10.8 Zoning Ordinance or Comprehensive Plan 43 10.9 Truth in Selling or Renting 44 10.10 Appeals 44 ARTICLE XI ENFORCEMENT 44 11.1 Penalties 44 11.2 Abatement Orders 44 11.3 Notice of Violation 45 11.4 Immediate Threats to Health and Welfare 45 11.5 Citizen Suits 45 11.6 Other Remedies 48 11.7 Severability 48 11.8 Effective Date 4.8 r TABLES PAGE Table 1. Sound Levels by Receiving Land Use 36 Table 2. Motor Vehicle and Motorcycle Sound Limits 37 Table 3. Recreational Motorized Vehicle Sound Limits 39 Table 4. Continuous Sound Levels 46 Table 5. Impulsive Sound Levels 46 Table 6. Provisions Under Which Civil Actions May Be Commenced 47 ix PREAMBLE TO THE MODEL COMMUNITY NOISE CONTROL ORDINANCE INTRODUCTION Purpose The Model Community Noise Control Ordinance(model ordinance)is intended to be a basic tool which communities, both large and small, can use to construct noise control ordinances suited to local needs and conditions. The complete model ordinance,including optional provisions,is perhaps most suitable for larger communities, with populations of about 100,000 or more. Smaller communities and large communities with limited resources may wish to adopt only those provisions which address their most pressing noise problems. It is important that the community ensure that all provisions adopted are realistic in relation to local needs and conditions;that all provisions are consistent with one another, with other local law, and with State and Federal law;and, finally, that all provisions are clear and other- wise well drafted so that enforcement problems will be minimized. Background S This model ordinance is an outgrowth of the Federal Noise Control Act of 1972 (49 U.S.C. § § 4901 et seq.) and the tremendous increase in interest regarding noise abatement and control which the Act has precipitated. Many existing community noise ordinances are based on outmoded model ordinances and/or the common law approach to noise control which relies exclusively on difficult to enforce nuisance provisions. While the model ordinance preserves common law with Article VI provisions prohibiting noise disturbances, it also contains definitive performance standards for motor vehicles and other sources of community noise. The increase in reliable monitoring equipment available to local govern- ments, coupled with definitive standards incorporated into local noise control ordinances, should result in ordinances which are more easily enforceable than many have been in the past. It is anticipated that an analagous model ordinance will form part of a workbook on community noise abatement and control to be published by the U.S. Environmental Protec- tion Agency during late 1975. In addition to containing the model ordinance (perhaps with 1 discussions of a number of alternative provisions), the workbook may contain chapters on the legal basis of noise control, the health effects of noise and various enforcement approaches. Although the model ordinance will stand alone as a legal document, for proper enforce- ment the City/County must additionally have a code of recommended practices or rules and regulations which give general specifications for sound measuring equipment and measure- ment methodology. This document should also provide detailed procedures for measurements to be taken for certain provisions of the ordinance,such as motor vehicles and stationary sources. To assist communities in the development of a code of recommended practices, EPA is preparing a model code which, when completed, will be sent to recipients of the model ordinance. Interrelationship of Varlous Provisions An overview of the model ordinance can most readily be obtained by reading the List of Provisions. When a community determines which activities it wishes to regulate, the appropriate model provision or provisions can be located by referring to this list. A glance through the List of Provisions suggests that certain acts may be prohibited by more than one provision. For example, use of a noisy go-cart could violate Section 9.2 ("Recreational Vehicles Operating Off Public Rights-Of-Way"),as well as Section 6.1 (Noise Disturbances). It may be that a community desires such multiple coverage. In this case, enforcement against the owner or operator of a noisy go-cart would probably come under the provision more easily enforced, but could come under both provisions violated, at the discretion of the enforcement agency. If a community does not desire such multiple cover- age,it can either omit certain provisions or it can exempt acts covered by other provisions from multiple coverage. Such modifications deserve careful consideration,however, so that they do not modify the ordinance more than desired or otherwise jeopardize enforcement. GENERAL PROVISIONS Policy Regarding Levels In this model ordinance,recommended values for sound levels in the performance standards have been omitted in most cases. Suggested times for the curfews on the hours of the conduct of activities or the operation of equipment have also generally been omitted. The reason for these omissions is that the drafters of the ordinance feel that there is no single number that can be chosen for each provision that would be appropriate for all types of 2 r communities. Each community has its own set of environmental,health, economic and other goals it wishes to attain. Each community also has its own configuration of noise sources and their impact which it wishes to control. The level and extent of such control is fully within the purview of local decision. Of course,localities will wish to consider the technical practicality and economic reasonableness of sound levels chosen. However, in the regulation of noise pollution, the protection of public health and welfare is the major legal basis for control and must be carefully considered in the determination of performance standard noise levels and hours of curfew. For a specification of national maximum noise exposure guidelines, consult Information on the Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety (U.S. Environment Protection Agency,March 1974). Preemption Under the Noise Control Act of 1972 (49 U.S.C. § § 4901 et seq.), certain areas of local authority will become preempted on the effective date of regulations developed by the U.S. Environmental Protection Agency pursuant to Sections 6, 17 and 18 of this Act. In this discussion, we will present the scope of Federal preemption and indicate the provisions of the model ordinance which were drafted wholly or partially to respond to the issue of preemption. An overall requirement to monitor Federal preemptive regulations and to respond to them in the local noise ordinance is contained in Section 4.3.6 (b). This subsection provides that, at such time as Federal regulations become effective which are by law preemptive of the laws of State and local governments,the Environmental Protection Officer)/Noise Con- trol Office(r)(EPO/NCO) shall review the provisions of the local ordinance which may be affected and make appropriate recommendations for changes to the city council/legislative body. The purposes of including such a provision in this ordinance are to facilitate the coordi- nation of the local noise control efforts with the Federal noise program and to reduce the possibility of defendants raising Federal preemption as a defense to charges of local law violations. With regard to the scope of preemption, the preemptive provision of Section 6 of the Noise Control Act differs considerably from those of Sections 17 and 18. The Section 6 provision is relatively narrow, preempting local laws covering new product noise emission levels which are directed at the manufacture or sale of such products. The preemptive pro- visions of Sections 17 and 18 are very broad, preempting local noise laws which affect the operation of interstate motor and rail carrier vehicles. 3 d i In Section 6,subsection 6(e)(1) provides that, after the effective date of an EPA regu- lation prescribing noise emission levels for a specific new product or component,no State or political subdivision thereof may adopt or enforce with respect to that particular new product or component any law or regulation which sets a noise emission limit on such pro- duct(or component) enforceable against the manufacturer of the product, applicable at the time of sale, unless such law or regulation is identical to the Federal regulation. Thus,the preemption is against State and local laws which regulate the noise levels of a new product (i.e., a product which has not yet been sold to the first retail purchaser) and which, at any time,impact the manufacturer of the product. State and local governments,under subsection 6(e)(2),retain authority to control products by all other available means. This subsection states that nothing in this section precludes or denies the right of State or local governments to establish and enforce controls on environmental noise and sources thereof through the licensing,regulation, or restriction of the use, operation, or movement of any product or combination of products. Thus, although a local government may not enforce a nonidentical local law regarding the noise level of an EPA-regulated new product which affects the manufacture or sale of such product, the local government may regulate the product noise impact through regula- tions enforceable against the owner or operator of the product by providing, for example, maximum noise levels for operation, curfews on operation,prohibition of use in a residential neighborhood or hospital zone, or requirements for periodic inspection and licensing of the product. Broader preemptive coverage is found in Sections 17(c)(1) and 18(c)(1). These sections provide that, after the effective date of an EPA regulation applicable to noise emissions from interstate rail or motor carriers,no State or political subdivision thereof may adopt or en- force any standard applicable to the same noise source unless such standard is identical to the Federal standard. However, Sections 17(c)(2) and 18(c)(2) provide that nothing in these sections shall diminish or enhance the right of State and local governments to establish and enforce standards or controls on levels of environmental noise or to control,license, regulate, or restrict the use,operation, or movement of any regulated product if two conditions occur; I. the EPA Administrator,after consultation with the Secretary of the Department of Transportation, determines that such local law is necessitated by special local conditions,and 2. if he determines that such local law is not in conflict with the EPA regulations. Thus, on the effective date of the EPA regulations under Section 18 (October 15, 1975) and Section 17 (undetermined as yet),local governments should review any ordinance provi- sions applicable to noise emissions resulting from the use or operation of motor vehicles with 4 a gross vehicle or combination weight rating of greater than 10,000 lbs. operated by an inter- state motor carrier and of interstate surface railroad locomotives and cars. Local regulations providing standards on noise emissions resulting from operations subject to Federal regulations must be identical to the Federal regulation. Such identity applies not only to the standard but also to the core measurement methodology which defines the standard. Non-identical stan- dards may not be enforced, and should be declared ineffective, as of the effective date of the Federal regulation. For this reason, Section 18 standards have been incorporated into Table II of Section 9.1 in the model ordinance. The appropriate measurement methodology should be incorporated into the community code of recommended practices. In general, we can classify the preemptive effect of these sections on local law into three categories. First, any local law which sets noise emission levels for interstate motor vehicles and rail locomotives and cars must be identical to the Federal standard. No special local con- dition or other factor can exempt this requirement. Second,local laws which regulate or restrict the use, operation, or movement of interstate motor rail carriers by such means as curfews and truck routes(see Section 4.3.4,Truck Routes and Transportation Planning) will not be subject to preemption if(1) the principal purpose of such regulation is not to control noise, or(2) the principal purpose is to control noise but the regulation has been approved by the EPA as necessitated by special local conditions and not in conflict with Federal regu- lations. For example,truck routes designated solely on the basis of noise must be submitted to EPA for determination of a special local condition. Truck routes based on additional factors, such as the safety of children,maximum load on street surfaces, etc., will not need EPA approval. Third, general noise regulations, such as the property line noise emission standards of Article VIII, will not be affected by these preemption provisions except in rare cases. Thus, the property line levels may be applied to noise emissions caused by interstate motor carrier vehicles at a loading terminal so long as means of abatement are possible which do not require controlling the noise emission level of the motor vehicle itself. Such other means of abatement can include, for example, installation of noise barriers at the perimeter of the terminal and creation of buffer zones of land between the terminal and the noise- impacted areas. Hearing Board and Advisory Council A City/County with a large EPO/NCO may prefer to utilize a Hearing Board (or an administrative court) to hear cases regarding ordinance violations. Under this approach, the Hearing Board would decide the case and determine the penalty. Local courts would be utilized in appeals of the decisions of the board. This approach avoids overburdening existing courts. 5 The City/County may also wish to use a Hearing Board to make determinations on Special Variances(Section 7.2) and Variances for Time to Comply(Section 7.3). This would free EPO/NCO personnel to perform other tasks under the ordinance. However, the EPO/NCO could still be consulted on technical matters. If the City/County decides to have a Hearing Board, the terms of existence and opera- tion of the Board should be specified in the ordinance. A Noise Control Advisory Council should also be considered by the City/County. The functions of this council could include providing(1) advice on development of the noise control program;(2) recommendations on which provisions of the model ordinance should be included in the City/County ordinance;(3) recommendations on sound level values and curfew periods for the various provisions;and (4) stimulation of public interest on noise abatement. This Council could also be responsible for writing the periodic reports, specified in Section 4.3.9, concerning the progress of the local noise control program. SPECIFIC PROVISIONS Article III—Definitions 1. Section 3.2.16,Definition of`Motorboat" A community which serves as an international port may wish to explicitly exclude vessels in international commerce from the definition of motorboat, since many such vessels would be effectively prohibited from using the port (under Section 6.2.15,Motorboats). 2. Section 3.2.29,Definition of"Sound" The term "sound"is generally used as the operative word in this ordinance rather than the term "noise". This is to avoid the problem of associating "noise" with a sound that is "disturbing"or "unwanted", with the attendant possibility that in order to prove a violation of the ordinance,proof must be given that the sound had indeed been "disturbing" or "unwanted". Because the substantive provisions of the ordinance have been narrowly drawn and often contain objective criteria,proof of an additional subjective element is unnecessary. 3, Section 3.2.22,Definition of'Person" The definition of person does not include Federal agencies and departments. This is because legal decisions have not yet determined the extent of a locality's authority to bring action against the Federal government for noise control violations. 6 Section 4 of the Noise Control Act of 1972 requires that all departments,agencies, and instrumentalities of the executive, legislative, and judicial branches of the Federal Government comply with Federal, State,interstate, and local requirements respecting control and abate- ment of environmental noise to the same extent that any person is subject to such require- ments. The Federal Courts of Appeals, deciding cases under identical language in the Clean Air Act, have disagreed as to whether this language extends to administrative as well as sub- stantive requirements. See State of Alabama v. Seeber, 502 F. 2d. 1238 (5 Cir. 1974); Commonwealth of Kentucky v. Ruckelshaus, 497 F. 2d. 1172, (6 Cir. 1974). Kentucky v. Ruckelshaus is pending before the Supreme Court, and a resolution of the issue is likely. Further questions exist as to whether a State or local government can bring an action against the Federal Government for violations of their noise control laws,regulations and ordinances. Accordingly, the key definition of"person"in the model ordinance, which serves as an applicability section, does not include the Federal Government. In the absence of such specificity, Section 4 of the Noise Control Act continues to require that the Federal Government comply with the local ordinance. However,it is left to each community to determine the position it will take with respect to the relevant issues, such as whether the Federal Government must comply with administrative provisions, and whether penalties, orders, and enforcement actions will be directed at the Federal Govern- ment under Article XI (Enforcement). i Article IV— Powers and Duties of the (Environmental Protection)/(Noise Control) Office(r) I I. Resolving Interdepartmental Conflicts Section 4.2.4 (Review of Actions of Other Departments);Section 4.2.5 (Review of Pub- lic and Private Projects), Section 4.3.4(Truck Routes and Transportation Planning) and Article V (Duties and Responsibilities of other Departments)have the potential of causing interdepartmental conflicts since there is shared responsibility. The community may wish to specify in the ordinance a method for resolving such conflicts, perhaps by authorizing the city council, county board of supervisors, mayor, etc., to negotiate differences and make a final decision. 2. Education Section 4.2.2 authorizes the (Environmental Protection)/(Noise Control) Office(r) to edu- cate the public on methods of controlling noise and on the provisions of the ordinance. The EPO may wish to exercise caution,however,in providing specific advice on solving a particular noise problem. For instance,if the EPO were to advise a commercial establishment on a method of reducing noise from its air conditioning unit and this method failed to be effective, the commercial establishment may try to use this fact as a defense in any action brought against it by the EPO. The EPO officer should use his discretion in handling matters of this type. 7 3. Review of Public and Private Projects Section 4.2.5 grants the EPO the power to review public and private projects over which another department has authority in order to determine whether they will comply with the ordinance. This applies to such matters as licensing a race track, approving a housing project, or granting a permit for a construction site,if required to be approved by a department other than that of the EPO/NCO and if likely to create sound levels or sound exposures in violation of the ordinance. Some communities may wish to expand this section to authorize the EPO to recommend to other departments appropriate modifications to projects if the EPO believes such projects will violate the ordinance or to allow him veto power over projects significantly impacting the noise environment. This provision does not set criteria for determining whether a proposed project must be reviewed by the EPO/NCO. if the City/County wishes the EPO/NCO to review every pro- posed project,such criteria are not necessary, but this policy may create an unnecessarily large burden on the EPO/NCO. If the City/County Wishes to limit situations Where the pro- posed project is subject to noise impact review, criteria can be either included in the language of this provision, or the EPO/NCO can develop criteria in consultation with affected depart- ments. Such criteria may include, for example, minimum monetary or time limits for the review of activities or specification of the types of activities which are likely to produce sound in violation of the ordinance. 4. Inspections Section 4.2.6 concerns inspections. To be constitutionally permissible, administrative searches or inspections conducted by municipal inspectors on private property must be made using a warrant procedure (Canuua v.Municipal Court, 387 U.S. 523 (1967);See v. Seattle, 387 U.S. 511 0967)). Thus, if a private property holder refuses to allow-his premises to be inspected by a City/County official, the official must obtain a search warrant for the premises before he may inspect them. The Court in See also held that there is no distinction between the rights of a residential property holder and those of a commercial property holder con- cerning searches or inspections. Both types of property are thus treated the same in Section 4.2.6(a). Violations of Article VIII (Noise Levels by Receiving Land Use)and most Article VI (Prohibited Acts) violations can be determined without an inspection on the premises on which the sound source is situated,so a search warrant is not needed in these situations. 8 Article VIII — Sound Levels by Receiving Land Use (Defining Land Use Districts) Article VIII sets property line sound limits for the broad receiving land use categories of residential, commercial and industrial. Many communities are employing this type of quanti- tative limit to provide stronger legal control over undesirable sound levels than is attainable with an ordinance containing only nuisance provisions. If the community land use/zoning code accurately reflects the actual use of the land, then the designations used by the city for zoning categories may effectively be plugged into the three Article VIII categories (with the corresponding definitions placed in Article III). On the other hand,if there are numerous discrepancies between the way the land is zoned and the way it is actually used (e.g., commercial establishments in a residential zone), or if there are large tracts of unzoned land, the community may prefer to base property line limits on the actual use of the land. This would provide greater protection for impacted properties. A related matter to be considered in controlling property line noise is that of the occasional non-conforming land use. An example is the case of a single residence located in an industrial area. It may not be possible for several manufacturers impacting the residence to lower their noise levels to meet the limit specified for residential areas. Situations of tlris type will require some discretion in enforcement. Figures I, 2, and 3 summarize graphically the property line levels set by current muni- cipal noise ordinances. Article X— Land Use The basic purpose of the Article X land use planning provisions is to ensure that no new residences,institutions or recreational areas are constructed in high noise areas, as determined by the appropriate sections. Although the Article was drafted to stand independently from the existing community land use planning or zoning systems,it is important for a community considering enactment of this Article to study the interaction of Article X with the land use planning and/or zoning laws and to reconcile them where necessary. It may be better, for example, to enact Article X as an amendment to an existing land use law rather than as a part of the noise control ordinance. Furthermore, because this Article effectively rezones land subject to its provisions, the community may want or need to take special measures before enactment of this Article. These may include a general identification of the areas that will be affected by these provisions. 9 40 DAYTIMELEVELS • FIGURE I FIXED SOURCE NOISE LEVELS ALLOWABLE AT NIGHTTIME LEVELS ❑ RESIOENTIALDISTRICTBOUNOARIES 35 AVERAGEDAY 56.75 AVERAGSNIGHT-5176 117 CITIES-DAYTIME LIMITS 118CITIES.NIGHTTIME LIMITS 30 y f I V LL I O � I m Y i � I 15 i 10 5 E- 00 ❑ 1! ❑ ❑ ❑ 1 •❑ • • 090 85 80 75 ]B •65 • BD 55 50 45m 40 A•WEIGHTED SOUND LEVEL IN dBA Figure 1. Fixed Source Noise Levels Allowable at Residential District Boundaries 40 • FIGURE I I DAYTIME LEVELS FIXED SOURCE NOISE LEVELS ALLOWABLE AT NIGHTTIME LEVELS BUSINESSICOMMERCIAL DISTRILT BOUNDARIES 35 AVERAGEDAY-6332 AVERAGE NIGHT.59.21 104 CITIES-DAYTIME LIMITS 104 CITIES-NIGHTTIME LIMITS 30 25 a w F U O 20 m f N 2 15 10 5 090 85 80 75 70 65 60 55 50 45 40 A-WEIGHTED SOUND LEVEL IN dBA Figure 2. Fixed Source Noise Levels Allowable at Business/Commercial District Boundaries 40 FIGURE III DAYTIME LEVELS . FIXED SOURCE NOISE LEVELS ALLOWAU EAT NIGHTTIMELEVELS ❑ MANUFACTURINGIINDUSTRIALDISTfl ICT BOUNDARIES 35 AVERAGEDAY-6754 AVERAGE NIGHT 6424 I 712 CITIES-DAYTIME LIMITS 113CITIES NIGHTTIME LIMITS 3o I 25 w r U o p s m r N � IS 10 El 5 • ❑El130('�� 090 85 8D 75 7D 65 60 55 50 45 40 A WEIGHTED SOUND LEVEL IN dSA Figure 3. Fixed Source Noise Levels Allowable at Manufacturing/Industrial District Boundaries Article XI —Enforcement Provisions in this Article are more likely to need revision to conform with local law than other provisions of the model ordinance. For example, the City/County may wish to make violations of the ordinance "infractions,"similar to minor traffic violations, rather than misdemeanors, due to the stigma attached to such violations. The City/County may wish to ensure that the public is reasonably well-informed of activities prohibited by the ordinance before fully effectuating its enforcement program. For example, the City/County may utilize a discretionary policy of issuing an abatement order for a first violation, followed by a citation for the original violation,if the abatement order is not complied with. This approach is provided for in Section 11.2 (Abatement Order), and would be used for violations that are presumed to be unintentional. The EPO/NCO may wish to establish guidelines for use of the abatement order, indicating,for example, appro- priate types of violations for which an order may be issued and maximum time period of an order. The enforcement scheme contained in this ordinance also includes a provision for citizen suits(Section 11.5). The advantage of the citizen suit approach is that many violations of the ordinance which the EPO/NCO has insufficient resources to prosecute can be legally dealt with by persons affected by the violation. Provisions under which one citizen can sue another are limited to those listed in Table VI, to minimize the possibility of "harassment' suits. Section 11.3 (Notice of Violation) is incomplete in several respects for easy adaptation to the local law of the particular City/County. Section 11.4(Immediate Threats to Health and Welfare) provides the EPO/NCO with the authority to force immediate abatement of sources producing sound intensities that not only violate the ordinance but are also unquestionably harmful to the health of the public exposed to them. The sound levels regulated (see Tables IV and V) are deliverately set high, because there is no procedure in this provision for balancing public health with economic or other considerations;public health is the sole determinant. The health and welfare criterion for the levels set is a temporary threshold shift of 30 dB at 4 kHz. Subsection(b) limits the applicability of this provision to impacts on members of the general public who are involuntarily exposed to the sound. Employee exposures at their workplace are exempted because employee sound exposure levels are regulated under the Occupational Safety and Health Act (29 U.S.C. § § 669 et seq. (1970)). 13 Severe sanctions for noncompliance with the order are provided for in subsection (d), so that the sound will not continue to be a detriment to public health. If the order is unjusti- tied, a court can invalidate or suspend it soon after the order is issued, in a mandamus type proceeding. This remedy is contained in subsection(c), which may need to be modified to conform with local procedure. Under Section 11.6(Other Remedies), common law and statutory remedies previously used to regulate excessive sound will still remain available. It is desirable to retain such remedies to allow private persons the possibility of recovering damages or other remedies for the effects of excessive sound since private recovery is not provided for under the ordinance. The ordinance is intended to expand existing sound control law, not to limit it. FORMAT In reading the model ordinance it is essential that certain typographical symbols and format be understood. Several brief rules have been followed in drafthig. These are: 1. The material contained in square brackets [ 1 is optional,depending on the needs and conditions of a given community. (Of course, communities developing ordi- nances may decide that any given provision should be deleted.) 2. Parentheses ( ) are generally used to designate alternative choices, but in some cases contain explanatory information, depending on the context. 3. Blanks --must be filled in by the community with appropriate information. 4. Wherever the term EPO/NCO appears, the title of the community's lead noise enforcement agency or official should be inserted. 14 MODEL COMMUNITY NOISE'CONTROL ORDINANCE 15 MODEL COMMUNITY NOISE CONTROL ORDINANCE ARTICLE I SHORT TITLE This ordinance may be cited as the "Noise Control Ordinance of the (City/ County) of " ARTICLE II DECLARATION OF FINDINGS AND POLICY;SCOPE 2.1 DECLARATION OF FINDINGS AND POLICY WHEREAS excessive sound and vibration are a serious hazard to the public health and welfare, safety, and the quality of life; and WHEREAS a sub- stantial body of science and technology exists by which excessive sound and vibration may be substantially abated;and, WHEREAS the people have a right to and should be ensured an environment free from excessive sound and vibration that may jeopardize their health or welfare or safety or degrade the quality of life; and,NOW, THEREFORE, it is the policy of the (City/County) of to prevent excessive sound and vibration which may jeopardize the health and welfare or safety of its citizens or degrade the quality of life. 2.2 SCOPE This ordinance shall apply to the control of all sound and vibration origi- nating within the limits of the (City/County) of ARTICLE III DEFINITIONS 3.1 TERMINOLOGY All terminology used in this ordinance,not defined below, shall be in con- formance with applicable publications of the American National Standards Institute (ANSI) or its successor body. 3.2.1 "A-WEIGHTED SOUND LEVEL"MEANS The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA. 17 3.2.2 "COMMERCIAL AREA"MEANS ((As defined in the community (comprehensive plan)/(zoning ordinance)). 3.2.3 "CONSTRUCTION" MEANS Any site preparation,assembly, erection,substantial repair, alteration, or similar action, but excluding demolition,for or of public or private rights- of-way,structures,utilities or similar property. 3.2.4 "DAY-NIGHT AVERAGE SOUND LEVEL (Ldn)"MEANS The 24-hour energy average of the A-weighted sound pressure level,with the levels during the period 10:00 p.m.to 7:00 a.m. the following day increased by 10 dBA before averaging. 3.2.5 "DECIBEL(dB)" MEANS A unit for measuring the volume of a sound,equal to 20 times the loga- rithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter). 3.2,6 "DEMOLITION" MEANS Any dismantling,intentional destruction or removal of structures,utilities, public or private right-of-way surfaces, or similar property. 3.2.7 "EMERGENCY"MEANS Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action. 3.2.8 "EMERGENCY WORK" MEANS Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. 3.2.9 "ENVIRONMENTAL PROTECTION OFFICER)/NOISE CONTROL OFFICER) (EPO/NCO)"MEANS The municipal agency or department having lead responsibility for this ordinance. (If no such agency is designated,the term shall mean the munici- pal official having lead responsibility for this ordinance.) 18 3.2.10 "EQUIVALENT A-WEIGHTED SOUND LEVEL (Leq)"MEANS The constant sound level that,in a given situation and time period, conveys the same sound energy as the actual time-varying A-weighted sound. (For the purposes of this ordinance, a time period of 24 hours shall be used, unless otherwise specified.) 3.2.11 "GROSS VEHICLE WEIGHT RATING (GVWR)"MEANS The value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle,shall be used. 3.2.12 "IMPULSIVE SOUND" MEANS Sound of short duration,usually less than one second,with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts,and the discharge of firearms. 3.2.13 "INDUSTRIAL AREA"MEANS f ((As defined in the community (comprehensive plan)/(zoning ordinance)). 3.2.14 "MOTOR CARRIER VEHICLE ENGAGED IN INTERSTATE COMMERCE" MEANS Any vehicle for which regulations apply pursuant to Section 18 of the Federal Noise Control Act of 1972 (P.L. 92-574), as amended,pertaining to motor carriers engaged in interstate commerce. 3.2.15 "MOTOR VEHICLE" MEANS (As defined in the motor vehicle code of the State)/(Any vehicle which is propelled or drawn on land by a motor, such as,but not limited to, passenger cars,trucks, truck-trailers, semi-trailers, campers,go-carts, snow- mobiles,amphibious craft on land, dune buggies, or racing vehicles, but not including motorcycles.) 3.2.16 "MOTORBOAT" MEANS Any vessel which operates on water and which is propelled by a motor, including, but not limited to,boats, barges, amphibious craft, water ski towing devices and hover craft. 19 3.2.17 "MOTORCYCLE" MEANS (As defined in the motor vehicle code of the State)/(An unenclosed motor vehicle having a saddle for the use of the operator and two or three wheels in contact with the ground,including,but not limited to,motor scooters and minibikes.) 3.2.18 "MUFFLER OR SOUND DISSIPATIVE DEVICE"MEANS A device for abating the sound of escaping gases of an internal combustion engine. 3.2.19 "NOISE"MEANS Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans. 3.2.20 "NOISE DISTURBANCE"MEANS Any sound which(a) endangers or injures the safety or health of humans or animals,or(b) annoys or disturbs a reasonable person of normal sensi- tivities, or(c) endangers or injures personal or real property. 3.2.21 "NOISE SENSITIVE ZONE" MEANS Any area designated pursuant to Section 4.2.10 of this ordinance for the purpose of ensuring exceptional quiet. 3.2.22 "PERSON"MEANS Any individual,association,partnership, or corporation,and includes any officer,employee,department,agency or instrumentality of a State or any political subdivision of a State. 3.2.23 "POWERED MODEL VEHICLE" MEANS Any self-propelled airborne, waterborne, or landborne plane,vessel, or vehicle,which is not designed to carry persons,including,but not limited to,any model airplane,boat,car,or rocket. 3.2.24 "PUBLIC RIGHT-OF-WAY"MEANS Any street, avenue, boulevard,highway,sidewalk or alley or similar place which is owned or controlled by a governmental entity. 20 3.2.25 "PUBLIC SPACE" MEANS Any real property or structures thereon which are owned or controlled by a governmental entity. 3.2.26 "PURE TONE"MEANS t Any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purposes of this ordinance, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetric average of the sound pressure levels of the two contiguous one-third octave bands by 5 dB for center frequencies of 500 Hz and above and by 8 dB for center frequencies between 160 and 400 Hz and by 15 dB for center frequencies less than or equal to 125 Hz. 3.2.27 "REAL PROPERTY BOUNDARY" MEANS An imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person,but not including intra-building real property divisions. 3.2.28 "RESIDENTIAL AREA" MEANS ((As defined in the community (comprehensive plan)/(zoning ordinance)). 3.2.29 "RMS SOUND PRESSURE"MEANS The square root of the time averaged square of the sound pressure, denoted Prms• 3.2.30 "SOUND"MEANS An oscillation in pressure, particle displacement,particle velocity or other physical parameter,in a medium with internal forces that causes com- pression and rarefaction of that medium. The description of sound may include any characteristic of such sound,including duration,intensity and frequency. 3.2.31 "SOUND LEVEL" MEANS The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B, or C as specified in American National Standards Institute specifications for sound level meters (ANSI S 1.4- 1971, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply. 21 3.2.32 "SOUND LEVEL METER" MEANS An instrument which includes a microphone,amplifier, RMS detector, integrator or time averager, output meter, and weighting networks used to measure sound pressure levels. 3.2.33 "SOUND PRESSURE"MEANS The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space,as produced by sound energy. 3.2.34 "SOUND PRESSURE LEVEL" MEANS 20 times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micropascals (20 x 10-6 Njm2). The sound pressure level is denoted Lp or SPL and is expressed in decibels. 3.2.35 "VIBRATION"MEANS An oscillatory motion of solid bodies of deterministic or random nature described by displacement,velocity,or acceleration with respect to a given reference point. 3.2,36 "WEEKDAY"MEANS Any day Monday through Friday which is not a legal holiday. ARTICLE IV POWERS AND DUTIES OF THE(ENVIRONMENTAL PROTECTION)/ (NOISE CONTROL) OFFICE(R) 4.1 LEAD (AGENCY/OFFICIAL) The noise control program established by this ordinance shall be adminis- tered by (title of municipal agency or lead official). 4.2 POWERS OF THE(ENVIRONMENTAL PROTECTION)/(NOISE CON- TROL) OFFICE(R) In order to implement and enforce this ordinance and for the general purpose of sound and vibration abatement and control, the EPO/NCO shall have,in addition to any other authority vested in it, the power to: 4.2.1 STUDIES Conduct,or cause to be conducted,research,monitoring, and other studies related to sound and vibration. 22 t 4.2.2 EDUCATION (a) Conduct programs of public education regarding: (1) The causes, effects and general methods of abatement and con- trol of noise and vibration; (2) The actions prohibited by this ordinance and the procedures for reporting violations; (b) Encourage the participation of public interest groups in related public information efforts. 4.2.3 COORDINATION AND COOPERATION (a) Coordinate the noise and vibration control activities of all municipal departments; (b) Cooperate to the extent practicable with all appropriate State and Federal agencies; (c) Cooperate or combine to the extent practicable with appropriate county and municipal agencies; (d) Enter into contracts [with the approval of the(appropriate authority)] for the provision of technical and enforcement services. 4.2.4 REVIEW OF ACTIONS OF OTHER DEPARTMENTS Request any other department or agency responsible for any proposed or final standard,regulation or similar action to consult on the advisability of revising the action, if there is reason to believe that the action is not consistent with this ordinance. 4.2.5 REVIEW OF PUBLIC AND PRIVATE PROJECTS Review public and private projects, subject to mandatory review or approval by other departments, for compliance with this ordinance,if such projects are likely to cause sound or vibration in violation of this ordinance. 4.2.6 INSPECTIONS (a) Upon presentation of proper credentials, enter and inspect any private property or place,and inspect any report or records at any reasonable time when granted permission by the owner, or by some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of this ordinance may exist, Such inspection may include administration of any necessary tests. 23 [(b) Stop any motor vehicle,motorcycle, or motorboat operated on a public right-of-way, public space, or public waterway reasonably suspected of violating any provision of this ordinance,and issue a notice of violation or abatement order which may require the motor vehicle, motorcycle or motorboat to be inspected or tested as the EPO/NCO may reasonably require.] 4.2.7 RECORDS Require the owner or operator of any commercial or industrial activity to establish and maintain records and make such reports as the EPO/NCO may reasonably prescribe. 4.2.8 MEASUREMENTS EY THE OWNER OR OPERATOR Require the owner or operator of any commercial or industrial activity to measure the sound level of or the vibration from any source in accordance with the methods and procedures and at such locations and times as the EPO/NCO may reasonably prescribe and to furnish reports of the results of such measurements to the EPO/NCO. The EPO/NCO may require the measurements to be conducted in the presence of its enforcement officials. 4.2.9 PRODUCT PERFORMANCE STANDARD RECOMMENDATIONS (a) Develop and recommend for promulgation(to the appropriate authority) provisions regulating the use and operation of any product, including the specification of maximum allowable sound emission levels of such product. [(b) Develop and recommend for promulgation(to the appropriate authority) provisions prohibiting the sale of products which do not meet specified sound emission levels, where the sound level of the product is not regulated by the United States Environmental Protection Agency under Section 6 of the Noise Control Act of 1972.1 4.2.10 NOISE SENSITIVE,ZONE RECOMMENDATIONS Prepare recommendations, to be approved by (the appropriate authority), for the designation of noise sensitive zones which contain noise sensitive activities. Existing quiet zones shall be considered noise sensitive zones until otherwise designated. Noise sensitive activities include, but are not limited to,operations of schools,libraries open to the public, churches, hospitals, and nursing homes. 24 4.3 DUTIES OF (ENVIRONMENTAL PROTECTION)/(NOISE CONTROL) OFFICER) In order to implement and enforce this ordinance effectively, the EPO/NCO shall within a reasonable time after the effective date of the ordinance: 4.3.1 STANDARDS,TESTING METHODS,AND PROCEDURES Develop, [recommend to the appropriate authority,] and promulgate standards, testing methods and procedures. 4.3.2 INVESTIGATE AND PURSUE VIOLATIONS In consonance with Section 4.2.6, Article XI, and other provisions of this ordinance,investigate and pursue possible violations of this ordinance. 4.3.3 DELEGATION OF AUTHORITY Delegate functions, where appropriate under this ordinance, to personnel within the EPO/NCO and to other agencies or departments, [subject to approval of ]. 4.3.4 TRUCK ROUTES AND TRANSPORTATION PLANNING (a) Study the existing transportation systems, such as truck routes within the community;determine areas with sensitivity to sound and vibra- tion caused by transportation;recommend changes or modifications to transportation systems to minimize the sound and vibration impact on residential areas and noise sensitive zones. (b) Assist in or review the total transportation planning of the community, including planning for new roads and highways, bus routes, airports, and other systems for public transportation, to ensure that the impact of sound and vibration receives adequate consideration. 4.3.5 CAPITAL IMPROVEMENT GUIDELINES Establish noise assessment guidelines for the evaluation of proposed improve- ments for the capital improvements budget and program pursuant to Section 5.5. These guidelines shall assist in the determination of the relative priority of each improvement in terms of noise impact. 4.3.6 STATE AND FEDERAL LAWS AND REGULATIONS (a) Prepare and publish [with the approval of ] a list of those products manufactured to meet specified noise emission limits under Federal, State, or community law for which "tampering"en- forcement will be conducted; 25 (b) Make recommendations for modifications or amendments to this ordinance to ensure consistency with all State and Federal laws and regulations. [4.3.71 PLANNING TO ACHIEVE LONG TERM NOISE GOALS [Develop a generalized sound level map of the(city/county), a long term plan for achieving quiet in the(city/county), and [with the approval of J integrate this,plan into the planning process of the (city/county).) 4.3.8 ADMINISTER GRANTS, FUNDS AND GIFTS Administer noise program grants and other funds and gifts from public and private sources,including the State and Federal governments. [4.3.91 PERIODIC REPORT [Evaluate and report, every year(s)Following the effective date of this ordinance, on the effectiveness of the (city/county)noise control program and make recommendations for any legislative or budgetary changes necessary to improve the program. This report shall be made to the (Noise Control Advisory Board)/(appropriate authority)which may amend it after consultation with the EPO/NCO,and then submit it to the (appropriate authority), for approval.] ARTICLE V DUTIES AND RESPONSIBILITIES OF OTHER DEPARTMENTS 5.1 DEPARTMENTAL ACTIONS All departments and agencies shall,to the fullest extent consistent with other law, carry out their programs in such a manner as to further the policy of this ordinance. 5.2 DEPARTMENTAL COOPERATION All departments and agencies shall cooperate with the EPO/NCO to the fullest extent in enforcing this ordinance. 5.3 DEPARTMENTAL COMPLIANCE WITH OTHER LAWS All departments and agencies shall comply with Federal and State laws and regulations and the provisions and intent of this ordinance respecting the control and abatement of noise to the same extent that any person Is sub- ject to such laws and regulations. 26 5.4 PROJECT APPROVAL All departments whose duty it is to review and approve new projects or changes to existing projects, that result, or may result,in the production of sound or vibration shall consult with the EPO/NCO prior to any such approval. 5.5 CONTRACTS Any written contract, agreement, purchase order, or other instrument whereby the (city/county)is committed to the expenditure of dollars or more in return for goods or services shall contain provisions requiring compliance with this ordinance. 5.6 LOW NOISE EMISSION PRODUCTS Any product which has been certified by the Administrator of the United States Environmental Protection Agency pursuant to Section 15 of the Noise Control Act as a low noise emission product and which he deter- mines is suitable for use as a substitute, shall be procured by the city/county and used in preference to any other product,provided that such certified product is reasonably available and has a procurement cost which is not more than (125) percentum of the least expensive type of product for which it is certified as a substitute. 5.7 CAPITAL IMPROVEMENT PROGRAM All departments responsible for a capital improvements budget and program shall prepare an analysis of the noise impact of any proposed improvements in accordance with noise assessment guidelines established by the EPO/NCO pursuant to Section 4.3.5. Proposed capital improvements include land acquisition,building construction, highway improvements,and utilities and fixed equipment installation. ARTICLE VI PROHIBITED ACTS 6.1 NOISE DISTURBANCES PROHIBITED No person shall unreasonably make, continue, or cause to be made or con- tinued, any noise disturbance. Non-commercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this Section. 27 6.2 SPECIFIC PROHIBITIONS The following acts, and the causing thereof, are declared to be in violation of tius ordinance: 6.2.1 RADIOS,TELEVISION SETS,MUSICAL INSTRUMENTS AND SIMILAR DEVICES Operating,playing or permitting the operation or playing of any radio, television,phonograph, drum,musical instrument,sound amplifier, or similar device which produces,reproduces,or amplifies sound: (a) Between the hours of p.m. and a.m. the following day in such a manner as to create a noise disturbance across a real property boundary or within a noise sensitive zone, [except for activities open to the public and for which a permit has been issued by (appropriate authority) according to criteria set forth in 1; (b) In such a manner as to create a noise disturbance at 50 feet (15 meters) from such device, when operated in or on a motor vehicle on a public right-of-way or public space, or in a boat on public waters; (c) In such a manner as to create a noise disturbance to any person other than the operator of the device, when operated by any passenger on a common carrier; (d) This section shall not apply to non-commercial spoken language covered under Section 6.2.2. 6.2.2 LOUDSPEAKERS/PUBLIC ADDRESS SYSTEMS (a) Using or operating for any noncommercial purpose any loudspeaker, public address system,or similar device between the hours of 10:00 p.m. and 8:00 a.m. the following day, such that the sound therefrom creates a noise disturbance across a residential real property boundary or within a noise sensitive zone. (b) Using or operating for any commercial purpose any loudspeaker, public address system, or similar device (1)such that the sound there- from creates a noise disturbance across a real property boundary or within a noise sensitive zone;or(2) between the hours of p.m. and a.m.the following day on a public right-of-way or public space. 28 6.2.3 STREET SALES Offering for sale or selling anything by shouting or outcry within any resi- dential or commercial area of the (city/county) [except by permit issued by (appropriate authority) according to criteria set forth in and/or except between the hours of a.m. and p.m.]. 6.2.4 ANIMALS AND BIRDS Owning, possessing or harboring any animal or bird which frequently or for continued duration, howls, barks,meows, squawks, or makes other sounds which create a noise disturbance across a residential real property boundary.or within a noise sensitive zone. [This provision shall not apply to public zoos.] 6.2.5 LOADING AND UNLOADING Loading,unloading, opening, closing or other handling of boxes, crates, containers, building materials,garbage cans, or similar objects between the hours of p.m. and a.m. the following day in such a manner as to cause a noise disturbance across a residential real property boundary or within a noise sensitive zone. 6.2.6 CONSTRUCTION Operating or permitting the operation of any tools or equipment used in construction, drilling, or demolition work: (a) Between the hours of m. and a.m. the following day on weekdays or at any time on(Sundays/weekends)or holidays, such that the sound therefrom creates a noise disturbance across a residential real property boundary or within a noise sensitive zone, except for emergency work of public service utilities or by special variance issued pursuant to Section 7.2; (b) At any other time such that the sound level at or across a real property boundary exceeds an Leq of dBA for the daily period of operation. (c) This section shall not apply to the use of domestic power tools subject to Section 6.2.17. 6.2.7 VEHICLE OR MOTORBOAT REPAIRS AND TESTING Repairing,rebuilding, modifying, or testing any motor vehicle,motorcycle, or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary or within a noise sensitive zone. 29 l 6.2.8 AIRPORT AND AIRCRAFT OPERATIONS (a) The EPO/NCO shall consult with the airport proprietor to recommend changes in airport operations to minimize any noise disturbance which the airport owner may have authority to control in its capacity as proprietor. (b) Nothing in this section shall be construed to prohibit,restrict,penal- ize,enjoin,or in any manner regulate the movement of aircraft which are in all respects conducted in accordance with, or pursuant to, applicable Federal laws or regulations. 6.2.9 PLACES OF PUBLIC ENTERTAINMENT Operating, playing, or permitting the operation or playing of any radio, television,phonograph, drum,musical instrument,sound amplifier, or similar device which produces,reproduces, or amplifies sound in any place of public entertainment at a sound level greater than dBA as read by the slow response on a sound level meter at any point that is normally occupied by a customer,unless a conspicuous and legible sign is located outside such place,near each public entrance,stating "WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT." 6.2.10 EXPLOSIVES,FIREARMS,AND SIMILAR DEVICES The use or firing of explosives, firearms, or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public space or right-of-way,without first obtaining a special variance issued pursuant to Section 7.2. [Such permit need not be obtained for licensed game-hunting activities on property where such activities are authorized.] 6.2.11 POWERED MODEL VEHICLES Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential real property boundary,in a public space or within a noise sensitive zone between the hours of p.m. and a.m. the following day. Maximum sound levels in a public space during the permitted period of operation shall conform to those set forth for residential land use in Table 1 of Section 8.1 and shall be measured at a distance of feet(meters) from any point on the path of the vehicle. Maximum sound levels for residential property and noise-sensitive zones, during the permitted period of operation,shall be governed by Section 8.1 and Section 6.2.16,respectively. 30 6.2.12 VIBRATION Operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at feet(meters) from the source if on a public space or public right- of-way. For the purposes of this section, "vibration perception threshold" means the minimum ground—or structure—borne vibrational motion neces- sary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. 6.2.13 STATIONARY NON-EMERGENCY SIGNALING DEVICES (a) Sounding or permitting the sounding of any [electronically-amplified] signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for nonemergency purposes, from any place, [for more than minutes in any hourly period.] [(b) Devices used in conjunction with places of religious worship shall be exempt from the operation of this provision.] , [(c) Sound sources covered by this provision and not exempted under sub- section (b) shall be exempted by (appropriate authority) using criteria set forth in Section 7.2.] 6.2.14 EMERGENCY SIGNALING DEVICES (a) The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in subsection (b). (b) (i) Testing of a stationary emergency signaling device shall occur at the same time of day each time such a test is performed, but not before a.m. or after p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed seconds. (ii) Testing of the complete emergency signaling system,including the functioning of the signaling device and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before a.m. or after p.m. The time limit specified in subsection (i) shall not apply to such complete system testing. 31 1, � ([(c) Sounding or permitting the sounding of any exterior burglar [or fire] alarm or any motor vehicle burglar alarm unless such alarm is auto- matically terminated within minutes of activation. [This section shall not be interpreted to apply to alarms.] 6.2.15 MOTORBOATS Operating or permitting the operation of any motorboat in any lake,river, stream, or other waterway in such a manner as to exceed a sound level of dBA at 50 feet(15 meters) or the nearest shoreline, whichever distance is less. 6.2.16 NOISE SENSITIVE ZONES (a) Creating or causing the creation of any sound within any noise sensi- tive zone designated pursuant to Section 4.2.10,so as to disrupt the activities normally conducted within the zone,provided that con- spicuous signs are displayed indicating the presence of the zone;or (b) Creating or causing the creation of any sound within any noise sensi- tive zone, designated pursuant to Section 4.2.10, containing a hospital, nursing home,or similar activity,so as to interfere with the functions of such activity or disturb or annoy the patients in the activity, pro- vided that conspicuous signs are displayed indicating the presence of the zone. 6.2.17 DOMESTIC POWER TOOLS Operating or permitting the operation of any mechanically powered saw, drill,sander,grinder,lawn or garden tool, snowblower,or similar device used outdoors in residential areas between the hours of p.m. and a.m. the following day so as to cause a noise disturbance across a residential real property boundary. 6.2.18 TAMPERING The following acts or the causing thereof are prohibited: (a) The removal or rendering inoperative by any person other than for purposes of maintenance, repair, or replacement, of any noise con- trol device or element of design or noise label of any product identi- fied under Section 4.3.6. The EPO/NCO may, by regulation,list those acts which constitute violation of this provision. 32 t f(b) The(intentional) removing or rendering inaccurate or inoperative of any sound monitoring instrument or device positioned by or for the EPO/NCO, provided such device or the immediate area is clearly labeled, in accordance with EPO/NCO regulations, to warn of the potential illegality.] (c) The use of a product,identified under Section 4.3.6, which has had a noise control device or element of design or noise label removed or rendered inoperative, with knowledge that such action has occurred. ARTICLE VII EXCEPTIONS AND VARIANCES 7.1 EMERGENCY EXCEPTION The provisions of this ordinance shall not apply to(a) the emission of sound for the purpose of alerting persons to the existence of an emergency, or(b) the emission of sound in the performance of emergency work. 7.2 SPECIAL VARIANCES (a) The(EPO/NCO)/(Hearing Board) shall have the authority, consistent with this section, to grant special variances which may be requested pursuant to Sections 6.2.6 (Construction) and 6.2.10 (Explosives, Firearms, and Similar Devices). (b) Any person seeking a special variance pursuant to this section shall file an application with the (EPO/NCO)/(Hearing Board). The appli- cation shall contain information which demonstrates that bringing the source of sound or activity for which the special variance is sought into compliance with this ordinance would constitute an unreasonable hardship on the applicant, on the community, or on other persons. f Notice of an application for a special variance shall be published according to (jurisdictional procedure).] Any individual who claims to be adversely affected by allowance of the special variance may file a statement with the(EPO/NCO)/(Hearing Board) containing any information to support his claim. If the(EPO/NCO)/(Hearing Board) finds that a sufficient controversy exists regarding an application, a public hearing may be held. (c) In determining whether to grant or deny the application, the (EPO/ NCO)/(Hearing Board) shall balance the hardship to the applicant, the community, and other persons of not granting the special variance against the adverse impact on the health, safety, and welfare of persons 33 affected, the adverse impact on property affected, and any other adverse impacts of granting the special variance. Applicants for special variances and persons contesting special variances may be required to submit any information the (EPO/NCO)/(Hearing Board) may reasonably require. In granting or denying an application, the (EPO/NCO)/(Hearing Board) shall place on public file a copy of the decision and the reasons for denying or granting the special variance. (d) Special variances shall be granted by notice to the applicant contain- ing all necessary conditions,including a time limit on the permitted activity. The special variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the special variance shall terminate it and subject the person holding it to those provisions of this ordinance regulating the source of sound or activity for which the special variance was granted. (e) Application for extension of time limits specified in special variances or for modification of other substantial conditions shall be treated like applications for initial special variances under subsection (b). (f) The (EPO/NCO)/(Hearing Board) may issue guidelines (approved by ] defining the procedures to be followed in applying for a special variance and the criteria to be considered in deciding whether to grant a special variance. 7.3 VARIANCES FOR TIME TO COMPLY (a) Within days following the effective date of tlus ordinance, the owner of any commercial or industrial source of sound may apply to the(EPO/NCO)/(Hearing Board) for a variance in time to comply with Section 6.2.12(Vibration) or Article VIII. The(EPO/NCO)/ (Hearing Board) shall have the authority, consistent with this section, to grant a variance, not to exceed days from the effective date of this ordinance. (b) Any person seeking a variance in time to comply shall file an applica- tion with the(EPO/NCO)/(Hearing Board). The application shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this ordinance prior to the date requested in the application would constitute an unreasonable hardship on the applicant, on the community,or on other persons. [Notice of an application for a variance in time to comply shall'be published according to (jurisdictional proce- dure).]Any individual who claims to be adversely affected by allowance of the variance in time to comply may file a statement with the (EPO/ 34 NCO)/(Hearing Board) containing any information to support his claim. If the (EPO/NCO)/(Hearing Board) finds that a sufficient controversy exists regarding an application, a public hearing may be held. (c) In determining whether to grant or deny the application, the (EPO/ NCO)/(Hearing Board) shall balance the hardship to the applicant, the community, and other persons of not granting the variance in time to comply against the adverse impact on health, safety, and welfare of persons affected,the adverse impact on property affected, and any other adverse impacts-of granting the variance. Applicants for variances in time to comply and persons contesting variances may be required to submit any information the(EPO/NCO)/(Hearing Board) may reason- ably require. In granting or denying an application, the(EPO/NCO)/ (Hearing Board) shall place on public file a copy of the decision and the reasons for denying or granting the variance in time to comply. (d) Variances in time to comply shall be granted to the applicant contain- ing all necessary conditions,including a schedule for achieving com- pliance. The variance in time to comply shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the variance shall terminate the variance and subject the person holding it to those provisions of this ordinance for which the variance was granted. (e) Application for extension of time limits specified in variances in time to comply or for modification of other substantial conditions shall be treated like applications for initial variances under subsection (b), except that the (EPO/NCO)/(Hearing Board) must find that the need for the extension or modification clearly outweighs any adverse impacts of granting the extension or modification. (f) The(EPO/NCO)/(Hearing Board) may issue guidelines (approved by ] defining the procedures to be followed in applying for a variance in time to comply and the criteria to be considered in deciding whether to grant a variance. 7.4 APPEALS Appeals of an adverse decision of the(EPO/NCO)/(Hearing Board) shall be made to the(appropriate court of law). Review of the court shall be (de novo)/(limited to whether the decision is supported by substantial evidence)/ (as specified by the ). 35 ARTICLE VIII SOUND LEVELS BY RECEIVING LAND USE 8.1 MAXIMUM PERMISSIBLE SOUND LEVELS BY RECEIVING LAND USE No person shall operate or cause to be operated on private property any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving,land use category in Table 1 when measured at or witlun the property boundary of the receiving land use. Table 1. Sound Levels by Receiving Land Use Receiving Time Sound level limit,dBA land-use category R-1,R-2, etc. (A) a.m. —(B) p.m. Ll (Residential,public (B) p.m. —(A) a.m. L2 space, open space, agricultural or institutional) C-1,C-2,etc. At all times L3 B-1, B-2',etc. (Commercial or business) M-1,M-2, etc, At all times L4 (Industrial) 8.2 CORRECTION FOR CHARACTER OF SOUND For any source of sound which emits a pure tone or impulsive sound, the maximum sound level limits set forth in Section 8.1 shall be reduced by dBA. 8.3 EXEMPTIONS The provisions of this article shall not apply to: (a) Activities covered by the following Sections: 6.2.6 (Construction), 6.2.8 (Aircraft and Airport Operations), 6.2.10 (Explosives,Fire- arms,and Similar Devices), 6.2.13 (Stationary Nonemergency 36 Signaling Devices), 6.2.14(Emergency Signaling Devices), 6.2.15 (Motorboats), 6.2.17 (Domestic Power Tools), 9.1.3 (Refuse Collec- tion Vehicles), 9.2 (Recreational Motorized Vehicles Operating Off Public Rights-of-Way); (b) The unamplified human voice; (c) Interstate railway locomotives and cars;and [(d) (Non-stationary fanning equipment)/(all agricultural activities)] ARTICLE IX MOTOR VEHICLE MAXIMUM SOUND LEVELS 9.1 MOTOR VEHICLES AND MOTORCYCLES ON PUBLIC RIGHTS-OF- WAY No person shall operate or cause to be operated a public or private motor vehicle or motorcycle on a public right-of-way at any time in such a manner that the sound level emitted by the motor vehicle or motorcycle exceeds the level set forth in Table 2. Table 2. Motor Vehicle and Motorcycle Sound Limits (Measured at 50 Feet or 15 Meters) Sound level in dBA Speed limit Speed limit Stationary Vehicle class 35 MPH or over 35 run-up less MPH Motor carrier vehicle engaged in 86 90 88 interstate commerce of GVWR or GCWR of 10,000 lbs. or more All other motor vehicles of A B — GVWR or GCWR of 10,000 lbs. or more Any motorcycle C D — Any other motor vehicle or any E F — combination of vehicles towed by any motor vehicle 37 a s. i 9.1.1 ADEQUATE MUFFL ERS OR SOUND DISSIPATIVE DEVICES (a) No person shall operate or cause to be operated any motor vehicle or motorcycle not equipped with a muffler or other sound dissipative device in good wonting order and in constant operation; (b) No person shall remove or render inoperative,or cause to be removed or rendered inoperative,other than for purposes of maintenance, repair;or replacement, any muffler or sound dissipative device on a motor vehicle or motorcycle; (c) The EPO/NCO may, by(guidelines) (regulations subject to approval by ),list those acts which constitute violation of this section. 9.L2 MOTOR VEHICLE HORNS AND SIGNALING DEVICES The following acts and the causing thereof are declared to be in violation of this ordinance: (a) The sounding of any horn or other auditory signaling device on or in any motor vehicle on any public right-of-way or public space, except (as a warning of danger%as provided in the vehicle code). [(b) The sounding of any horn or other auditory signaling device which produces a sound level in excess of dBA at feet (meters). 9.1.3 REFUSE COLLECTION VEHICLES No person shall; (a) On or after(2 years) following the effective date of this ordinance, operate or permit the operation of the compacting mechanism of any motor vehicle which compacts refuse and which creates, during the compacting cycle, a sound level in excess of dBA when measured at feet(meters) from any point on the vehicle; (b) Operate or permit the operation of the compacting mechanism of any motor vehicle which compacts refuse, between the hours of p.m, and a.m. the following day in a residential area or noise sensitive zone; (c) Collect refuse with a refuse collection vehicle between the hours of p.m. and a.m. the following day in a residential area or noise sensitive zone. 38 9.1.4 STANDING MOTOR VEHICLES No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight rating (GVWR)in excess of ten thousand (10,000) pounds, or any auxiliary equipment attached to such a vehicle, for a period longer than minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on a public right-of-way or public space within 150 feet (46 meters) of a residential area or designated noise sensitive zone, between the hours of p.m. and a.m. the following day. 9.2 RECREATIONAL MOTORIZED VEHICLES OPERATING OFF PUBLIC RIGHTS-OF-WAY (a) [Except as permitted in subsection (b) or (c),] no person shall operate or cause to be operated any recreational motorized vehicle off a public right-of-way in such a manner that the sound level emitted therefrom exceeds the limits set forth in Table 3 at a distance of 50 feet(1.5 meters) or more from the path of the vehicle when operated on a public space or at or across the boundary of private property when operated on private property. This section shall apply to all recreational motorized vehicles, whether or not duly licensed and registered,including, but not limited to, commercial or non- commercial racing vehicles, motorcycles,go-carts,snowmobiles, amphibious craft, campers and dune buggies, but not including motorboats. [(b) Permits for motor vehicle racing events may be obtained from (appro- priate authority) according to procedures and criteria set forth in 1 [(c) Special variances for _ _may be obtained from (appropriate authority) according to procedure and criteria set forth in Table 3. Recreational Motorized Vehicle Sound Limits (Measured at 50 Feet or 15 Meters) Vehicle type Sound level, dBA Snowmobile A Motorcycle B Any other vehicle C 39 4 � o ARTICLE X LAND USE 10.1 GENERAL PROVISIONS (a) No owner of any land shall commence or cause to be commenced construction of any structure covered by Sections 10.2, 10.3, 10.5 or 10.6 unless approved by the EPO/NCO as provided in this Article. (b) Any application for approval required by this Article shall be sub- mitted in writing to the EPO/NCO, with a copy to the(Buildings Department)/(Appropriate Department), by the owner of the land on which the structure is proposed to be constructed and shall con- tain the following information: (1) identification of the land on which the construction is proposed; (2) the section of this Article under which approval is requested; (3) information and data supporting the claim that the appropriate requirements will be met; (4) any other information which the EPO/NCO may reasonably require. 10.2 CONSTRUCTION RESTRICTIONS FOR HABITABLE AND INSTITU- TIONAL STRUCTURES (a) Except as provided in subsection(c), no new single family residential structure shall be approved for construction (excluding substantial repair or alteration)if the exterior day-night average sound level(Ldn) anywhere on the site of the proposed structure is projected to be in excess of dBA within years following the estimated completion date of the structure. (b) Except as provided in subsection(c), no new multiple-family residence, dormitory, mobile home park, transient lodging, school, hospital, nursing home or similar structure, or substantial modification of such existing structure, shall be approved for construction if the exterior day-night average sound level(Ldn) anywhere on the site of the proposed structure is projected to be in excess of ___dBA within _-years following the estimated completion date of the structure or modifi- cation. (c) Construction otherwise prohibited pursuant to subsections(a) or(b) shall be allowed if the exterior day-night average sound level (Ldn) on the site of tire proposed structure is projected not to be in excess of 40 dBA for --years following construction, provided that there is incorporated into the design and construction of the structure such sound attenuation measures as are necessary to reduce the maxi- mum interior day-night average sound level (Ldn) to dBA. Subsections(a) and (b) shall not apply to any site development plan or its equivalent on which four or fewer dwelling units are to be constructed. (d) Prior to issuance of any occupancy permit for any structure regulated pursuant to subsection (c), the owner of the structure shall submit for EPO/NCO review the report of an independent testing agency (approved by the EPO/NCO] certifying that sound attenuation mea- sures have been properly incorporated into the design and construc- tion of the structure and that the interior Ldn meets the criterion specified in subsection (c). Such report shall contain the results of simultaneous measurements of the exterior and interior day-night average sound levels for a representative sample of locations. (e) The EPO/NCO may conduct such inspections and measurements as are necessary to ensure the accuracy of any report submitted pursuant to subsection (d) and to ascertain compliance with this section. These may include on-site inspections by a certified independent testing agency during specified periods of construction. 10.3 RECREATIONAL AREA RESTRICTIONS (a) Except as provided in subsections (b), (c), and (d) no land shall be designated or approved for construction or use as a public or private exterior recreational area, including, but not limited to, cliildrens' playgrounds, outdoor theaters and amphitheaters, picnic grounds, tennis courts and swimming pools, if the exterior day-night average sound level (Ldn) anywhere on the site of the proposed recreational area is projected to be in the excess of dBA within years following the construction or designation of the site. (b) This section shall not apply to the designation or approval of any green belt or open space in any area in which the Ldn exceeds the level specified in subsection (a) regardless of whether such green belt or open space is open to public use, provided that no recreational improvement or facility is constructed thereon. (c) Designation or approval of exterior recreational areas otherwise pro- hibited under subsection (a) shall be allowed if the Ldn specified in that subsection can be achieved by appropriate means of sound attenu- ation, such as berms, barriers, or buildings, at the perimeter of or elsewhere on the site. 41 (d) No new interior recreational facility,including, but not limited to, gymnasiums,ice or roller skating rinks,indoor swimming pools,and tennis courts,shall be approved for construction if the exterior day- night average sound level anywhere on the site is projected to be in excess of dBA within years following the estimated date of completion of the structure unless there is incorporated into the design and construction of the structure such sound attenuation measures as are necessary to reduce the maximum interior day-night average sound level(Ldn) to dBA, 10.4 SITE STUDY REQUIREMENT (a) If the EPO/NCO has reason to believe that a full report is necessary to determine whether a proposed project is prohibited under Section 10.1,such report shall be made by the applicant prior to approval of any subdivision,zoning,or building permit application. (If a full report has not been made and the applicant believes the project was wrongfully prohibited tinder Section 10.1,he may file a full report within days of the EPO/NCO decision and request reconsid- eration by the EPO/NCO). A full report shall contain the following information and any other information which the EPO/NCO may reasonably require: (1) the existing day-night average sound levels(Ldn), including identification of the major sources of sound, for a representative sample of locations,measured in accordance with guidelines published by the EPO/NCO; (2) any projected or proposed new or expanded sources of sound which may affect exposure of the site during years following completion of the project and the projected future Ldn at the site resulting from these new or expanded sources; (3) where applicable; plans for sound attenuation measures on the site and/or of the structure proposed to be built and the amount of sound attenuation anticipated as a result of these measures. (b) In determining whether an applicant should be required to submit a full report pursuant to subsection (a),the EPO/NCO shall consider Circular 1390.2(Noise Abatement and Control) and other publica- tions of the U.S.Department of Housing and Urban Development. 42 10.5 COMMERCIAL AND INDUSTRIAL CONSTRUCTION No new or substantially modified structure on land used or zoned as com- mercial or industrial shall be approved for construction unless the owner or developer of such land has'demonstrated,in accordance with guidelines published by the EPO/NCO, that the completed structure and the activities associated with and on the-same property as the structure, will comply with the provisions of Article VIII at the time for initial full-scale operation of such activities. 10.6 SOUND FROM NEW TRANSPORTATION SYSTEMS IN RESIDENTIAL AREAS OR NOISE SENSITIVE ZONES No plans for construction of new transportation systems or expansion of the capacity of existing transportation systems will be approved for loca- tion in or near residential areas or noise sensitive zones, regardless of the source of project funds,unless such plan includes all control measures necessary to ensure that the projected day-night average sound level(Ldn) due to the operation of the transportation system does not exceed dBA at any point on residential property within years after the expected completion of the project. 10.7 EQUIVALENT MEASUREMENT SYSTEMS For the purposes of this Article, all measurements and designations of sound levels shall be expressed in day-night average sound levels (Ldn) or in any other equivalent measurement system the EPO/NCO may reasonably approve. 10.8 ZONING ORDINANCE OR COMPREHENSIVE PLAN (a) No proposed Zoning ordinance or comprehensive plan shall be approved unless such plan includes a sound analysis which(1) identifies existing and projected noise sources and associated sound levels for years in and around the area under consideration, and (2) ensures usage of adequate measures to avoid violation of any provision of this ordinance. (b) No zoning change application shall be approved unless the site feasi- bility study submitted, as required by the (Zoning Board of Appeals)/ (Planning Commission), contains an analysis which shows (1) the impact of existing and projected noise sources for years on the intended use,and (2) the projected noise impact of the intended use, when completed, on surrounding areas. Such site study shall ensure the use of adequate use of adequate measures to avoid violation of any provi- sion of this ordinance. 43 10.9 TRUTH IN SELLING OR RENTING No person shall sell or rent, or cause to be sold or rented, any structure or property to be used for human habitation,where the structure or property is exposed to sound levels regularly in excess of(an Leq in any hour of dBA)/(an Ldn of dBA), without making full written disclosure to all potential buyers or renters of the existence of such sound levels and of the nature of the sources. The EPO/NCO shall develop a standard format for written disclosures, which shall include information on the effects of noise on human health and welfare. 10.10 APPEALS Any applicant may appeal an adverse decision by the EPO/NCO under this Article,in the(appropriate court of law),on the grounds that the EPO/NCO disapproval was arbitrary, capricious, or unreasonable. ARTICLE XI ENFORCEMENT 11.1 PENALTIES (a) Any person who violates any provision of this ordinance shall be fined for each offense not more than dollars. (b) Any person who willfully or knowingly violates any provision of this ordinance shall be fined for each offense a sum of not less than dollars and not more than dollars. (c) Each day of violation of any provision of this ordinance shall consti- tute a separate offense. [11.2 ABATEMENT ORDERS (a) Except as provided in subsection(b),in lieu of issuing a notice of violation as provided for in Section 11'.3, the EPO/NCO or other (agency/official) responsible for enforcement of any provision of this ordinance may issue an order requiring abatement of any source of sound or vibration alleged to be in violation of this ordinance within a reasonable time period and according to guidelines [to be approved by appropriate authority] which the EPO/NCO may prescribe. (b) An abatement order shall not be issued: (1) for any violation covered by Section 11.1 (b);(2) for any violation of ;or, (3) when the EPO/NCO or other enforcement(agency/official) has reason to believe that there will not be compliance with the abatement order.] 44 11.3 NOTICE OF VIOLATION [Except where a person is acting in good faith to comply with an abate- ment order issued pursuant to Section 11.2 (a)),violation of any provi- sion of this ordinance shall be cause for a (notice of violation)/(summons)/ (complaint)/(information or indictment) to be issued by the EPO/NCO or other responsible enforcement (agency official) according to procedures (which the EPO/NCO may prescribe)/(set forth in ). 11.4 IMMEDIATE THREATS TO HEALTH AND WELFARE •(a) The EPO/NCO shall order an immediate halt to any sound which exposes any person,except those excluded pursuant to subsection (b), to continuous sound levels in excess of those shown in Table 4 or to impulsive sound levels in excess of those shown in Table 5. Within days following issuance of such an order, the EPO/ NCO shall apply to the appropriate court for an injunction to replace the order. (b) No order pursuant to subsection (a) shall be issued if the only persons exposed to sound levels in excess of those listed in Tables 4 and 5 are are exposed as a result of(1) trespass;(2)invitation upon private property by the person causing or permitting the sound;or(3) employment ment by the person or a contractor of the person causing or permitting the sound. (c) Any person subject to an order issued pursuant to subsection (a) shall comply with such order until(1) the sound is brought into compliance with the order, as determined by the EPO/NCO;or(2) a judicial order has superseded the EPO/NCO order. (d) Any person who violates an order issued pursuant to this section shall, for each day of violation, be fined not less than dollars nor more than dollars. 11.5 CITIZEN SUITS (a) Any person, other than persons responsible for enforcement of this ordinance,may commence a civil action on his own behalf(1) against any person who is alleged to be in violation of any provision of this ordinance set forth in Table 6 below or(2) against the EPO/NCO where there is alleged a failure of the EPO/NCO to perform any act under this ordinance which is not discretionary. The _court shall have jurisdiction, without regard to the amount in controversy, to grant such relief as it deems necessary. 45 7 d f Table 4. Continuous Sound Levels which Pose an Immediate Threat to Health and Welfare(Measured at 50 Feet or IS Meters)* Sound level limit WBA) Duration 90 24 hours 93 12 hours 96 6 hours 99 3 hours 102 1.5 hours 105 45 minutes 108 22 minutes *Use equal energy time-intensity trade-off if level varies;find energy equivalent over 24 hours. Table S. Impulsive Sound Levels which Pose an Immediate Threat to Health and Welfare (Measured at 50 Feet or 15 Meters) Sound level limit(dB) Number of repetitions per 24 hour period 145 1 135 10 125 100 46 } 4 � Table 6. Provisions Under Which Civil Actions May Be Commenced 6.2.1 (a) (Radios,Television Sets,Musical Instruments and Similar Devices) 6.2.2 (Loudspeakers/Public Address Systems) 6.2.3 (Street Sales) 6.2.5 (Loading and Unloading) 6.2.6 (Construction) 6.2.7 (Vehicle or Motorboat Repairs and Testing) 6.2.9 (Places of Public Entertainment) 6.2.10 (Explosives, Firearms, and Similar Devices) 6.2.11 (Powered Model Vehicles) 6.2.12 (Vibration) [6.2.131 (Stationary,Non-Emergency Signaling Devices) 6.2.14 (Emergency Signaling Devices) 6.2.15 (Motorboats) 6.2.17 (Domestic Power Tools) 6.2.18 (Tampering) 8.1 (Maximum Permissible Sound Levels by Receiving Land Use) 9.1.3 (Refuse Collection Vehicles) 9.1.4 (Standing Motor Vehicles) 9.2 (b) (Motor Vehicle Racing Events) 9.2.1 (b) (Motor Vehicle Horns and Signaling Devices) 10.9 (Truth in Selling or Renting) 47 (b) No action may be commenced (1) under subsection(a)(1) (A) prior to days after the plaintiff has given notice of the alleged violation to the EPO/NCO [and to the alleged violator) of such violation, or (B) if the EPO/NCO has commenced and is diligently prose- cuting an action against the alleged violator with respect to such violation, (but in such action any affected person may intervene as a matter of right),or (2) under subsection(a)(2), prior to days after the plaintiff has given notice to the EPO/NCO that he will commence such action. Notice under this subsection shall be given in a manner prescribed by the EPO/NCO. (c) In any action under this section,the EPO/NCO,if not a party,may intervene as a matter of right. (d) The court,in issuing any final order in any action brought pursuant to subsection(a),may at its discretion award the costs of litigation to any party. 11.6 OTHER REMEDIES No provision of this ordinance shall be construed to impair any common law or statutory cause of action,or legal remedy therefrom, of any person for injury or damage arising from any violation of this ordinance or from other law. 11.7 SEVERABILITY If any provision of this ordinance is held to be unconstitutional or other- wise invalid by any court of competent jurisdiction, the remaining provi- sions of the ordinance shall not be invalidated. 11.8 EFFECTIVE DATE This law/ordinance shall take the effect on 48 ENVIRONMENTAL PROTECTION AGENCY Office of Noise Abatement and Control _ AU AND FEE,PAID AW 471 ENVIRONMENTAL PROTECTION AGENCY Washington, D.C. 20460 u EPA-335 Official Business S SI T W C, u z � 'Yj,[ PR01E04 I/your address is Incorrect.Please-change on the above label; tear off;and return to the above address. if you do not desire to continue receiving this technical report series,CHECK HERE O ;tear off label,and return It to the above address. J /O // 3ACRAMENTO 95814 1105 STREET Law OF caLIFORRia atiEs , � DIAMOND ( (916) 444-5790 94705 ANNIVERSARY HOTEL L REMO _ HOTEL CLAREMONT "WESTERN CITY" OFFICIAL PUBLICATION .1898 (415) 543-3063 1 1973 L08 AN GELES 90017 702 HILTON CENTER (273) 824.4934 r COMMUNITY NOISE CONTROL TRAINING GUIDE AND ENFORCEMENT MANUAL (For use with the Model Noise Ordinance) Prepared by the Quiet City Committee Los Angeles County Division League of California Cities January 1973 FILE C® Y DO NOT REMOVE CALIFORNIA CITIES WORK TOGETHER-ACTION PLAN 1973 INTRODUCTION This Training Guide and Enforcement Manual is meant to be used to help city officials understand and measure noise, to understand the effects of noise on a community, and to enforce a community noise ordinance. The purpose of a community noise control program and a community noise ordi- nance is to protect the health and welfare of the citizenry. Unnecessary or excessive noises can be both annoying to the senses and detrimental to health. Noise control plays an important part in the maintenance of a high quality environment in any city. The most frequent source of sound in any community is the motor vehicle. Regulation of automobile, motorcycle, and truck noise falls within the author- ity of the State of California, as delineated in Sections 23130 and 27160 of the Motor Vehicle Code. Procedures for enforcing these noise regulations may be obtained from the California Highway Patrol. Other sounds associated with transportation are frequently contributors to adverse noise environments. Notable among these are trains and aircraft. Again, authority is often pre-empted by the state or federal governments, leaving only limited authority to be exercised by cities. However, there are numerous other sources of noise which fall within the con- trol of municipal authorities, and it is this type of disturbance which may be abated by an active community noise control program. The "Training Guide" section contained herein is intended to supplement a one-day training session and workshop. The basic elements of sound and its measurement are depicted in simple form, but this should not serve as a sub- stitute for first hand instruction and experimentation with actual, instruments. It is meant as something to be referred to as a reminder of certain basic principles. The "Enforcement Manual" section is designed to provide a "recipe" approach to enforcing the model noise ordinance adopted by the League of California Cities. More detailed instruction on the contents of this ordinance should be included in the one-day training session referred to above. Experience in any particular city may then indicate modifications which would be appropriate to this enforcement manual. Through the process of a training session, reference to the training guide, and use of the enforcement manual, a city should be able to begin a good noise control program with a minimum of initial problems. The League is once again deeply indebted to the Quiet City Committee of the Los Angeles Division of the League, and to Mr. Randy Hurlburt, Environmental Standards Supervisor for the City of Inglewood, for the preparation of this manual. I TRAINING GUIDE Sound is a vibration transmitted by mole- cules of air. SOUND NAVCS ft14 Low pitch sounds are made by slow vibrations with long wavelengths. / LON FREQUENCY SOUND High pitch sounds are made by fast v vibrations with short wavelengths, Nxcx FneQusNCY soum The pitch of a note is called the "fre- quency" and is measured by the rate of vibration in cycles per second (or hertz) . FS oFs 41tl6 PIAND PP.EQUCNCY NANCB ' The volume of sound is measured in "deci- bels," a unit proportional to the logarithm of the sound power (or sound pressure p) . The reference sound pressure po, (the smal- lest sound a human can hear) is usually 0.0002 dynes/sq. cm. The decibel is a very Sound Pressure Level = 20 log Po convenient unit because of the tremendous sensitivity of the ear. If sound were measured directly in pressure units, we in decibels (dB) would have to talk about numbers from 0.0002 to 2000 dynes/sq. cm. This would be much less convenient than working with decibels which range from 0 to 140. -2- Id�tiva r• I '!I x a IS si Hearillg Ability�:•....I,: 'I I 11_ ' 'e v ruEnr^... '- 'l'r.i �' i•I� .......Iecibele The human ear can hear frequencies from gU . I !I IIII I ''I about 20 to 20,000 cycles per second. But 70it cannot hear all pitches equally well. 60 ' I-*! �� _' �. !'• i'L,�. :� - --�- When modified by what is called an "A" ' ! ' '' poi b �;-^' � � • —i- weighting, the decibel, abbreviated dB(A) , 50 „ !;` • '•, ' r�I'i� - ;IL r• p y -- corresponds more closely to how people per- 40 ; _ �• I; -- ' ceive noise. 30 r...!. I Ohl j'7 rk �I- �i •,q i. RE=oM of HZA1uD AGILITY TO MIIQU611LY 100 Typical, everyday sound levels range Noise from 30 dBA (very quiet) to 100 dBA a�el (extremely loud) or sometimes higher. I Hearing Damage from People do not perceive noise in direct 90 Prolonged Exposure proportion to sound level. An average person will perceive a change of 10 dB(A) as as sounding twice as loud (or half as loud) . For example, 70 dBA is approxi- mately twice as loud as 60 dBA. Typical Con• 70 r versacion 60 50 I0 Hight- Daytime Car truck Aircraft time Ambient Indoor, TYPICAL EVERYDAY SOUNDS Usually sound contains more than one fre- quency. Some instruments are capable of "MrN breaking this sound down into "octave bands" "' Ire of frequency. 'Cho upper limit of any octave «"';" _'_• . ; ! ! I is a frequency exactly twice that of the to ?'•{ '� I" I I'::: ' lower limit. (Thus high "C" on a piano is 524 cycles per second, one octave above and exactly twice the frequency of middle licit " j i.'+if II � III � • " �_ =1 at 262 cycles per second.) The standard to octave bands for acoustic measurements are :�{• i Ir ,. I _- . designated by their center frequencies and °-� !-�- 1;- ! i • I W W -' are shown in the figure at right. ';;; 77to INt! Sound that contains a wide range of random . .. L, d,.;I:. I . I frequencies is called "broad band noise." I , I ; ,• :d+ �a�+ ;,I, ,, Sound that contains only one frequency is J. •M[W WCYIN Glue,MI{lCaMo called a "pure tone" and can be especially ^m.IM�m".+- +-++•++d".rr.•r.. annoying (similar to the screech of chalk on a blackboard) . -3- • • - Sound may be "steady," "fluctuating," or "impulsive." Impulsive sounds, such as hammering or riveting tend to be more an- noying than steady broad band noise. IMPULSIVE SOUNDS Noise with "information content" such as music or speech tends to distract attention even at lower sound levels, and is thus more annoying than steadv broad band noise. SOUND WITH IiramrioN canEirr .n.I..tl w FI.! � f.tMl.4 The extent to which a sound exceeds the back- ground noise is a mensuro of its intrusive- ness. This background noise is also called 11onbient" noise. Fl✓,t INF.IM Y1Y1 Ylt. W.4.ppW w Yb11M.f YW 441 Y M.Y6 Ambient Noise Leval deA Ambient noise varies with location and with 70' time of day or night. 60 50 60 70 20 Neavy Dovn[oxn Light urban Suburban Rural Indus. COMOr Cw Ir- Rnlden- Redden. Residen- trial vial tial tial tial tLal RANOC OR MICAL AM IM VOl8E UVELS i -4- 1 Because of its logarithmic nature, the deci- bel unit exhibits strange behavior. Adding 0 4,%, 50 dBA to 50 dBA does not give 100 dBA, 3 M41< rather it gives 53 dBA. Doubling the sound d power always causes the decibels to increase + se by 3. Two identical cars make 3 dB more R ° e�ry�ey sound than one car. Four identical cars > �'�' e 4'+7tr make 6 dB more than one car, etc. When � adding decibel-- where the two sound levels o �'oo are not identical, use the chart at the a ° ,1 IFo�o right. The illustrated example shows that ° when the difference between the two sounds )y 0 being added is 6 dB the total is only one 1 3 a e a T 4 + 10 It 1E 13 Ee oarxcu decibel greater than the larger of the two NONERICAL DIFFERENCE KrA M IDO4 AM MA"" LEVELS levels (for example, 76 dB + 70 dB = 77 dB) . 100 90 Sounds get quieter as the source gets far- Noise Leval e0 ther away. The relationship of sound level dBA to distance is strange, however. Every time the distance from the source is doubled, the 70 sound level goes down 6 dB. The illustration at right demonstrates this principle. 60 so 40 0 30 20 30 40 SO 60 Distance, feet ! DECAY OF SOUND WITH DISTANCB Sound When measurements are made too close to a Presslure Fr«• _!, bvwWwt Level }n Ilde sound source,source, a representative reading may Decibels not be obtained because of the particular geometry of the source. If measurements are ! made too far away (particularly in confined ; spaces such as rooms) a representative read- ti,W y� For n—w i Date ing may not be obtained because of reflection , and reverberation effects. Distance Frm SOurce BFkECr OF DISTANCE FROZE SOURCE ON SOUND MEASUREMENTS Source Receiver Path When considering a noise problem, it is often helpful to consider a system com- prised of a source, path, and receiver. i i -5- I , n..l..t IwM YtW LLw 777! 1 Sound can be shielded and reflected by large objects just like light. .r.Y M I.�1 WYM �\\Sound propagation is affected by wind, � \\ weather, and terrain. Extremes of wind, humidity, or obstructing or reflecting terrain features should be avoided when making noise measurements. MnUL TACTM IHFLUeUCIe6 IOMD MOYACATIOH Sound measurements are made with a sound level meter. Most sound level meters allow measurements to be made on the "A scale" (dBA) as well as on various other scales. �\ Some sound level meters allow sound to be \ \ analyzed into octave bands or 1/3 octave /• bands. Most sound level meters have two needle STAUDi^.D speeds; "slow" and "fast." Fast response SWID LEVEL tBTea is necessary to adequately measure the peak level of impulsive type sounds. Slow re- sponse helps to minimize needle fluctuations for fairly steady sounds. The basic measuring element is a microphone (a diaphragm that vibrates when sound im- pinges on it) . HImOPIROK Pr*-.ECnV%AND mc.ecTlve cover. -6- The accuracy of sound level meters needs to \ 'be checked frequently and adjusted occasion- ally. This check is called "calibration' and a special "calibrator" is usually nec- ACOUSTIC e s s ary. CALIBRATOR -7- w ENFORCEMENT MANUAL (To be used with League of California Cities Model Noise Ordinance) In brief, the noise limits in this ordinance are as follows (these limits are for the model ordinance; details should be checked against the limits adopted by a given city): Type of Noise Limit Radios, Television Sets, etc. Reasonable (10 PM to 7 AM) prima facie violation 5 dB (dBA) above the ambient Hawkers and Peddlers Prohibited Drums Prohibited School, Hospital, and Church Zones Reasonable Animals and Fowl Reasonable Machinery, etc. 5 dB (dBA) above the ambient Construction Prohibited between PM and AM Vehicle Repairs Reasonable (_PH to—AM) Motor Vehicles off roadway Reasonable Amplified Sound Permit Procedure (15 dBA above ambient) Train Horns (optional) 89 dBA at 300 feet General Reasonable Presumed Ambient Noise Level For the purpose of enforcing those sections of the ordinance that have decibel limits, if the ambient noise is lower in any area than the levels specified in the following table, the ambient noise shall be considered to be the level in the table. Sound Level A decibels Community Environment Classification Very Quiet Quiet Slightly Noisy Zone Time (rural, suburban) (suburban) (suburban-urban) RI and R2 10 pm to 7 am 35 40 45 It 7 pm to 10 pm 40 45 50 It 7 am to 7 pm 45 50 55 R3 and R4 10 pm to 7 am 40 45 50 It 7 am to 10 pm 45 50 55 Commercial 10 pm to 7 am 50 55 it 7 am to 10 pm, 55 60 M1 anytime 65 65 M2 anytime 70 70 (The numbers in the table are for illustration only, and are representative of reasonable presumed ambient noise levels. Each city should adopt specific levels to conform to its specific situation.) -8- Complaint Procedure For most cities enforcement of the noise ordinance can be handled best by members of the Planning or Building Departments. The City Attorney's Office should be relied on to take legal action if administrative actions are insufficient to solve the problem. The Police Department should be relied upon as a back-up when enforcement personnel are not available on a 24-hour basis. The Police Department can handle noise complaints at night and if appropriate refer the problem to the Noise Abatement Officer the next day for possible noise measure- ment and follow-up action. Transient disturbances, such as noisy parties and loud radios can be easily resolved by the Police Department using existing enforcement methods. The following steps are recommended in handling a noise complaint: As soon as a complaint is received, make a field investigation if possible. If this is impossible or if no offending noise if found, send a letter to the offender advising him that a complaint has been received and an investigation is in progress. Field Investigation Procedure Follow the procedure below when making a field investigation or measurement: Determine the zoning of the location where measurements are made. This should preferably be done before going out. The limits to be used are those which apply to the zoning where the receiver is located. Check the sound level meter batteries before each use. Calibrate the sound level meter before and after each set of measurements. Unless otherwise specified, make all measurements at the noisiest location on the property line. A standard distance of 25 feet from the sound source is often convenient but may not be appropriate under all circumstances. Avoid proximity to reflecting surfaces wherever possible. Note the location of each measurement exactly, including the distance to the sound source (measured as accurately as possible) . Use a windscreen on the microphone if the wind speed exceeds 10 mph. Measurements shall not be made if wind noise affects the reading. Select slow response for the sound level meter needle except if the sound is impulsive or rapidly varying in nature in which case use fast response. Measure the ambient noise when the intruding sound is off. (If this is impossible, measure ambient at a nearby comparable location unaffected by the sound in question) . The ambient is obtained by averaging the minimum deflection of the needle on the sound level meter for a period of 15 mins. Measure the offending sound. Be sure to hold meter at arm's length. Record any pertinent information regarding duration or unusual character- istics. A photograph of the noise source and surroundings is often help- ful. -9- Attempt to speak to both the offender and complainant any time a field investigation or measurement is made. This is important to bring the problem to the attention of the offender (even if there was no violation at the time of measurement). Speaking to the complainant lets him know that action is being taken on his complaint. Determination of Violation Determine whether a violation has occurred. For those noises which are pro- hibited or where a permit is required, this determination is straight-forward Where decibel limits are involved, the criterion for reasonable noise is gen- erally 5 dBA above the ambient (or presumed ambient) noise level. Add the following corrections to the measured sound level before comparing to the ambient: (a) Add one and only one of the following corrections for time duration: 1. Noise persists for more than five (5) minutes out of any one hour 0 2. Noise persists for more than one minute but not more than five (5) minutes out of any one hour. -5 3. Noise persists for one minute or less out of any one hour. -10 (b) Add one and only one of the following corrections for unusual character: 1. Noise has no unusual character 0 2. Noise contains a piercing pure tone. +5 3. Noise is impulsive or rattling in nature. +5 4. Noise carries speech, music, or other information content +5 Where the ordinance specifies only that the noise must be "reasonable," the following guidelines may help determine whether a violation exists: Is the noise comparable to other sounds of the same nature? Is the sound connected with some necessary function? -10- IIL • What abatement alternatives are available? Are a substantial number of people affected? Send a letter requiring abatement of the noise to the offending party as soon as you determine that a violation has occurred. Send a copy of the letter to the City Attorney. Include the following information in the letter: A description of the noise which caused the violation (include measurement data where appropriate.) Reference to the applicable section of the ordinance and the appropriate noise limit. A date by which abatement must be accomplished or an abatement plan submitted. Forms Attached are some suggested forms which may be useful. They are: 1. A measurement worksheet to be filled out whenever noise measurements are made. 2. A permit for a soundtruck or other loudspeaker system (Ordinance section ) . Suggested criteria for these systems are: 75 dBA at 25 feet for residential use in the daytime (nighttime use prohibited), 85 dBA at 25 feet for use in commercial or in- dustrial zones. 3. A special type of graph paper that may be used to display the relative loudness of sounds. The vertical scale is designed ,to suggest the relationship "an increase of 10 dBA sounds twice as loud." An example of how this graph paper might be used is the figure entitled "typical everyday sounds" on page 3 of this manual. Sources of Equipment Hand-held sound level meters should be serviced by factory representatives at least once a year. Other instruments may require more frequent service, and the manufacturers recommendations should be followed. A list of companies supplying portable sound level meters and calibrators is attached at the end of this report. The cost of a sound level meter and calibrator is approximately $600. _ll_ • • NOISE MEASUREMENT WORKSHEET LOCATION Noise Source Zoning ( ) Noise Measurement Zoning ( ) Initial Date Time Start Time Stop Weather Condition Ambient Noise Level Sketch of Area Description of Source; Measurement Set-up: Measured Sound Level(s) and Duration: Exceed The Applicable Ordinance Section Limit Limit Comments and Action Taken: -12- Iq����N1�1��11��11l�1�11����11��1����� • . � t P REGISTRATION STATEMENT (Pursuant to City Code Sec. _) Registration in connection with use of SOUND AMPLIFYING EQUIPMENT in the CITY OF To be completed by User: Owner of Equipment Name Address User Name Address Type of Equipment (Describe - make or model) License number, if vehicle to be used (number) (state) Date or dates on which equipment will be used Time of day during which equipment will be used Place or area where equipment will be used Will equipment be used for commercial purposes? Yes No (See reverse side for definition of commercial purposes.) Describe purpose: Power rating of amplifier watts i Signature of Applicant Date ------r--------------------------------------------------------------- ----------------------- To be completed by Noise Abatement Division: Volume of sound produced by equipment: dBA (fast response) at distance of 25 Feet. Approximate distance for which sound will be audible: feet Recommend approval of request Recommend disapproval of request. Recommend approval of request with the following restrictions: Signature of Noise Abatement Officer Date ----------------------------------------------------------------------------------------------- To:be completed by Permits & Licenses Committee: Approved - Permit # Disapproved -14- DEFINITIONS: Commercial Purpose. "Commercial purpose" shall mean and include the use, opera- tion, or maintenance of any sound amplifying equipment for the purpose,of adver- tising any business or any goods, or any services, or for the purpose of .attract- ing the attention of the public to, or advertising for, or soliciting patronage or customers to or for any performance, shod entertainment, exhibition, or event, or for the purpose of demonstrating any such sound equipment. Noncommercial Purpose. "Noncommercial purpose" shall mean the use, operation,. or maintenance of any sound amplifying equipment for other than a "commercial purpose." "Noncommercial purpose" shall mean and include, but shall not be limited to, philanthropic, political,- patriotic, and charitable purposes -15- .. ) 0' 1l SACRAMENTO 95S14 Lawof ca�iFORnia eitiEs DIAMOND 7108 STREET (916) 444-5790 ANNIVERSARY BERKELEY 94705 HOTEL CLAREMONT "WESTERN CITY^ OFFICIAL PUBLICATION ( 1898 (415) 843-308-3083 1973 L09 ANGELE9 90017 702 HILTON CENTER (213) 624-4934 N O D E L N O I S E O R D I N A N C E Prepared by the quiet City Committee Los Angeles County Division League of California Cities Revised January 1973 FULE CUPS DO NOT REMOVE CALIFORNIA CITIES WORK TOGETHER-ACTION PLAN 1973 i MODEL NOISE ORDINANCE SUBCOMMITTEE Chairman: Donald Olson, City Attorney Inglewood Robert Austin, Assistant City Attorney, Long Beach Samuel Gorlick, City Attorney, Burbank Allen Grimes, City Attorney, Beverly Hills Stanley Remelmeyer, City Attorney, Torrance Consultants: Max Strauss, Building and Planning Director, Beverly Hills Randy Hurlburt, Sound Acoustician, Inglewood i Model Noise Ordinance-League of California Cities ORDINANCE NO. AN ORDINANCE OF THE CITY OF ADDING CHAPTER TO TITLE OF THE MUNICIPAL CODE PROHIBITING EMISSION OR CREATION OF NOISE BEYOND CERTAIN LEVELS. THE CITY COUNCIL OF THE CITY OF DOES ORDAIN AS FOLLOWS: Chapter _ consisting of six articles and entitled "Noise Regu- lation" is added to the Municipal Code to rea& as follows: CHAPTER NOISE REGULATION Article 1. General Provisions Section Declaration of Policy. It is hereby declared to be the policy of the City to prohibit unnecessary, excessive, and annoying noises from all sources subject to its police power. At certain level's noises are detrimental to the health and wel- fare of the citizenry and in the public interests shall be systematically pro- scribed. Section Definitions. (1) 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. "Ambient noise" is the all-encompassing noise associated with a given environment, being usually a composit of sounds from many sources near and far. For the purpose of this ordinance, ambient noise level is the level obtained when the noise level is averaged over a period of 15 minutes without inclusion of noise from isolated identi- fiable sources, at the location and time of day near that at which a comparison is to be made. (b) Decibel. "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 corres- ponding to the ratio of two (2) amounts of power is ten (10) times the logarithm to the base ten (10) of this ratio. (c) Emergency Work. "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 or work by private or public utilities when restoring utility service. (d) Frequency. "Frequency" of a function periodic in time shall mean the reciprocal of the smallest increment of time for which the function repeats itself. The unit is the cycle per second or hertz. III -1- (a) Person. "Person" shall mean a person, firm, association, copartnership, joint venture, corporation, or any entity, public or private in nature. (2) (f) Sound Level. "Sound level" (noise level) in decibels is sound measured using the A weighting network of a sound level meter. Slow response of the -sound level meter needle shall be used except where the sound is impulsive or rapidly varying in nature in which case fast response shall be used. (g) Sound Level Meter. "Sound level meter" shall mean an in- strument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels which satisfies the pertinent requirements in American National Standards Institute's Specification S1.4 - 1971 or the most recent revision thereof for type S-2A general purpose sound level meters. (h) Motor Vehicles. "Motor vehicles" shall include, but not be limited to, mini-bikes and go-carts. (i) Sound Amplifying Equipment. "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. (J) Sound Truck. "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. (k) Commercial Purpose. "Commercial purpose" shall mean and include the use, operation, or maintenance of any sound ampli- fying equipment for the purpose of advertising any business, or any goods, or any services, or for the purpose of attract- ing 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 such sound equipment. (1) Noncommercial Purpose. "Noncommercial purpose" shall mean the use, operation, or maintenance of any sound equipment for other than a "commercial purpose." "Noncommercial purpose" shall mean and include, but shall not be limited to, philanthro- pic, political, patriotic, and charitable purposes. (m) Supplementary Definitions of Technical Terms. Definitions of technical terms not defined herein shall be obtained from the American National Standards Institute's Acoustical Terminology S1-1-1971 or the most recent revision thereof. Section Sound Level Measurement Criteria. Any sound level measurement made pursuant to the provisions of this chapter shall be measured with a sound level meter using the "A" weight- ing. -2- Section Presumed Ambient Noise Level. When "ambient noise level" is referred to in this chapter, it shall mean the higher of the following: (1) actual measured ambient noise level, or (2) prebumed ambient noise level as determined from the chart below: Sound Level A, decibels Community Environment Classification Very Quiet Quiet Slightly Noisy Zone Time (rural suburban) (suburban) (suburban, urban) Rl and R2 10 pm to 7 am 35 40 45 it 7 pm to 10 pm 40 45 50 " 7 am to 7 pm 45 50 55 R3 and R4 10 pm to 7 am 40 45 50 it 7 am to 10 pm 45 50 55 Commercial 10 pm to 7 pm 50 55 It 7 am to 10 pm 55 60 Ml anytime 65 65 M2 anytime 70 70 Section Violations: Misdemeanors. Any person violating any of the provisions of this chapter shall be deemed guilty of a,misdemeanor and upon conviction thereof, shall be fined in an amount not exceeding(4) Five Hundred and no/100ths Dollars ($500.00) or be imprisoned in the City or County Jail for a_period not exceeding six '(6) months, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Section Violations: Additional Remedies: Injunctions As an additional remedy, the operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this chapter, which operation or maintenance cause discomfort or annoyance to reason- able persons of normal sensitiveness or which endangers the comfort, repose, health, or peace of residents in the area, shall be deemed and is declared to be, a public nuisance and may be subject to abatement summarily by a restrain, ing order or injunction issued by a court of competent jurisdiction. Section Severability. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person or circumstances, shall be held in- valid, such invalidity shall not effect the other provisions or applications of the provisions of this chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this chapter are hereby declared to be severable. -3- • • Article 2. Special Noise Sources Section Radios Television Sets and Similar Devices. (a) Use restricted. It shall be unlawful for any person within any residential zone of the City to use or operate any radio receiving set, musical instrument, phonograph, television set, or other machine or device for the producing or reproducing of sound (between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day) (5) in such a manner as to disturb the peace, quiet, and comfort of neighboring residents or any reason- able person of normal sensitiveness residing in the area. (6) (b) Prima facie violation.(7) Any noise level exceeding the ambient noise level at the property line of any property (or, if a condominium or apartment house thin any adjoining apartment) by more than five (5) decibels shall be deemed to be prima facie evidence of a violation of the provisions of this section. Section Hawkers and Peddlers. It shall be unlawful for any person within the City to sell anything by outcry within any area of the City zoned for residential uses. The provisions of this section shall not be construed to prohibit the sell- ing by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, and other similar licensed public entertainment events. Section Drums. It shall be unlawful for any person to use any drum or other instrument or device of any kind for the purpose of attracting attention by the creation of noise within the City. This section shall not apply to any person who is a participant in a school band or duly licensed parade or who has been otherwise duly authorized to engage in such conduct. Section Schools, Hospitals and Churches. It shall be unlawful for any person to create any noise on any street, sidewalk, or public place adjacent to any school, institution of learn- ing, or church while the same is in use or adjacent to any hospital, which noise unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets, si a alk or public place indicating the presence of a school, church, or hospital. 9� Section Animals and Fowl. No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied, or controlled by such person any animal or fowl otherwise permitted to be kept which, by any sound, cry, or behavior, shall cause annoyance or discomfort to a reasonable person of normal sensi- tiveness in any residential neighborhood. -4- L • • Section Machinery, Equipment, Fans, and Air Conditioning It shall, be unlawful for any person to operate any machinery, equip- ment, pump, fan, air conditioning apparatus, or similar mechanical device in any manner so as to create any noise which would cause the noise level at the property line of any property to exceed the ambient noise level by more than five (5) deci- bels. For the purposes of this section, "noise level" shall mean measured sound level with the following values added as corrections for time duration and character of the noise. (a) Add one and only one of the following corrections for time duration: 1. Noise persists for more than five (5) minutes out of any one hour. 0 Z. Noise persists for more than one minute but not more than five (5) minutes out of any one hour. -5 3. Noise persists for one minute or less out of any one hour. -10 (b) Add one and only one of the following corrections for unusual character: 1. Noise has no unusual character 0 2. Noise contains a piercing pure tone. +5 3. Noise is impulsive or rattling in nature. +5 4. Noise carries speech, music, or other information content. +5 Article 3. Construction Section Construction of Buildings and Projects. It shall be unlawful for any person within a residential zone, or within a radius of 500 feet therefrom, to operate equipment or perform any out- side construction or repair work on buildings, structures, or projects or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist, or any other construction type device (between the hours of p.m. of one day and a.m. of the next day) (") in such a manner that a reasonable per- son of normal sensitiveness residing inthe area is caused discomfort or annoy- ance unless beforehand a permit therefor has been duly obtained from (the officer or body of the City having the function to issue permits of this kind). No per- mit shall be required to perform emergency work as defined in Article 1 of this chapter. Article 4. Vehicles. Section Vehicle Repairs. It shall be unlawful for any person within any residential area of the City to repair, rebuild, or test any motor vehicle (between the hours of _ p.m. of one day and _ a.m. of the next day) in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance. -5- Section Motor Driven Vehicles. It shall be unlawful for any person to operate any motor driven vehicle within the City in such a manner that a reasonable person of normal sen- sitiveness residing in the area is caused discomfort or annoyance; provided, however, any such vehicle which is operated upon any public highway, street, or right-of-way shall be excluded from the provisions of this section. (12 Article 5. Amplified Sound. (13) Section Purpose. The Council enacts this legislation for the sole purpose of secur- ing and promoting the public health, comfort, safety, and welfare of its citi- zenry. While recognizing that the use of sound amplifying equipment is protected by the constitutional rights of freedom of speech and assembly, the Council nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citi- zens of this community to privacy and freedom from public nuisance of loud and unnecessary noise. Section Registration: Required. It shall be unlawful for any person, other than personnel of law enforcement or governmental agencies, to install, use, or operate within the City a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purposes of giving instructions, dir- ections, talks, addresses, lectures, or transmitting music to any persons or assemblages of persons in or upon any street, alley, sidewalk, park, place, or public property without first filing a registration statement and obtaining approval thereof as set forth in this Article. Section Registration: Requirements and Duties. (a) Registration statements: Filing. Every user of sound amplifying equipment shall file a registration statement with the (officer or department) ( ) days(14) prior to the date on which the sound amplifying equipment is intended to be used, which statement shall contain the following informa- tion: (1) The name, address and telephone number of both the owner and user of the sound amplifying equipment; (2) The maximum sound producing power of the sound amplifying equipment which shall include the wattage to be used, the volume in decibels of sound which will be produced, and the approximate distance for which sound will be audible from the sound amplifying equip- ment; (3) The license and motor number if a sound truck is to be used; (4) A general description of the sound amplifying equip- ment which is to be used; and (5) Whether the sound amplifying equipment will be used for commercial or noncommercial purposes. (15) -6- (b) Registration Statements: Approval. (Office or depart- ment approving registration statement) shall return to the appli- cant an approved certified copy of the registration statement unless he finds that: (1) The conditions of the motor vehicle movement are such that in the opinion of , use of the equip- ment would constitute a detriment to traffic safety; or (2) The conditions or pedestrian movement are such that use of the equipment would constitute a detriment to traffic safety; (10 or (3) The registration statement required reveals that the applicant would violate the provisions set forth in Section of this Article or any other provisions of this Code. (c) Disapproval. In the event the registration statement is disapproved, the shall endorse upon the statement his reasons for disapproval and return it forthwith to applicant. Section Appeals. Any person aggrieved by disapproval of a registration statement may appeal by complying with the provisions of Section of this Code re- lating to appeals. Section 'Fees. Prior to the issuance of the registration statement, a fee in the amount of $ per day, or any portion thereof, shall be paid to the City, if the loudspeaker or sound amplifying equipment is to be used for com- mercial purposes. 11 No fee shall be required for the operation of a loud- speaker or sound amplifying equipment for noncommercial purposes. Section Regulations. The commercial and noncommercial use of sound amplifying equipment shall be subject to the following regulations: (a) The only sounds permitted shall be either music or human speech, or both. (b) The operation of sound amplifying equipment shall only occur between the hours of a.m. and _ p.m. each day except on Sundays and legal holidays. No operation of sound amplifying equipment for commercial purposes shall be permitted on Sundays or legal holidays. The operation of sound amplifying equipment for noncommer- cial purposes on Sundays and legal holidays shall only occur between the hours of a.m. and u p.m. (a) Sound level emanating from sound amplifying equipment shall not exceed (15) decibels above the ambient noise level�18) (d) Notwithstanding the provisions of subsection (c) of this section, sound amplifying equipment shall not be operated within 200 feet of churches, schools, hospitals, or City or County buildings. -7- (e) In any event, the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing, or a nuisance to reasonable persons of normal sensitiveness within the area of audibility. (OPTIONAL PROVISION) Article Train Horns and Whistles(19) Section Excessive Sound Prohibited. It shall be unlawful for any person to operate or sound, or cause to be operated or sounded (between the hours of 10:00 p.m. of one day and 7:00 a.m. of the next day) (( a train horn or train whistle which creates a noise level in excess of eighty-nine (89) decibels at any place or point 300 feet or more distant from the source of such sound. Article 6. General Noise Regulations Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to wilfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoy neeto any reasonable person of normal sensitiveness re- siding in the area. ( The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following: (a) The level of the noise; (b) The intensity of the noise; (c) Whether the nature of the noise is usual or unusual; (d) Whether the origin of the noise is natural or unnatural; (e) The level and intensity of the background noise, if any; (f) The proximity of the noise to residential sleeping facili- ties; (g) The nature and zoning of the area within which the noise emanates; (h) The density of the inhabitation of the area within which the noise emanates; (i) The time of the day or night the noise occurs; Q) The duration of the noise; (k) Whether the noise is recurrent, intermittent, or constant; and (1) Whether the noise is produced by a commercial or noncom- mercial activity. -8- FOOTNOTES (1) Inclusion of these definitions depends upon adoption of pertinent provisions of this ordinance. (2) Compare with the general definition of "person", if defined in your code. (3) The sound level limits set for each community should be based in part on the existing ambient noise and the noise environment which the community desires. In rural environments, the night time ambient will be as low as 25 dB(A) . In many suburban areas of Los Angeles away from freeways and airports, the day time ambient is between 40 and 45 dB(A) . For residen- tial areas (Rl and R2) it is recommended that the night time noise level limits be set not less than 35 dB(A) nor higher than 50 dB(A) . As a guide for those communities that do not wish to conduct a noise survey upon which to base their noise level limits, three categories of quiet- ness for residential areas and two categories of noisiness for commercial areas are provided. From the table, select the category which most nearly describes the acoustical environment existing or desired in your city. For example, a very quiet community would choose the left hand column. In some cities where several degrees of quietness exist among both resi- dential and commercial zones, the various should be use d to develop a consistently graded set of noise zones. (4) or "punishable as set for in Chapter _ of this Code." (5) If deemed desirable, different hours may be specified or none at all. (6) The phrase "any reasonable person of normal sensitiveness" was used to come within the case of Fendley vs. City of Anaheim 110 Cal App. 731. That case held that such language was not indefinite or vague. (7) Mr. Sam Gorlick, City Attorney of Burbank, researched the question of whether an ordinance could create a "prima facie violation." The re- ' search developed in his office indicated that this type of evidence rule could be enacted in order to effectively enforce the provision involved. Cited in this opinion were the cases of Commonwealth vs. Kroger, 276 Kentucky 20; 122 SW 2d 1006; and People va."i Kayne, 286 Michigan 571; 282 NW 248. The opinion concluded that f a municipal corporation establishes a reasonable criteria for a prima facie viola- tion of an ordinance in an apparent valid exercise of its police power, it would be presumed to be valid." (8) A more strict standard could be three (3) decibels. A lesser amount, however, is not recommended. (9) This section was prepared by Mr. Robert Austin, Deputy City Attorney of the City of Long Beach. (10) The Committee is particularly indebted to Mr. Max Strauss, Building and Planning Director of the City of Beverly Hills and for the assistance given to him by Mr. Randy Hurlburt, Acoustical Engineer of the City of Inglewood in the preparation of this section. The original draft of the proposed ordinance contained fixed noise limits for varying sources and it was at the suggestion of Mr. Strauss that the orientation be changed to provide for a relative type of violation i.e., a violation contingent upon the amount of noise created over the ambient base level. As may be seen from the definition section, "ambient noise" is the all-encompassing noise associated with a given environment and hence, any noise source which generates a noise five decibels or more above that ambient level will be a violation. This relative approach was developed by Mr. Strauss -9- over a decade of enforcement of noise regulations in the City of Beverly Hills using sound measuring equipment. Every community in the state varies to a certain extent insofar as the ambient noise level is concerned and this proposed regulation would seem to fit equally in all communities since it is the difference from the customary noise level that is called to the city's attention for enforcement. Mr. Hurlburt and Mr. Strauss have agreed that five decibels is quantitatively of such a magnitude as to be significant for enforcement purposes. (11) Times of violation have not been indicated in these proposed regulations since communities may vary considerably with respect to the matter. Like- wise, a procedure for the issuance of permits may vary considerably with- in the various cities. Reference could be made to existing permit procedure as well as to the officer or body having the function to issue permits of this kind. (12) There is a possibility that this section may be preempted by Seca. 23130 and 27160 of the Vehicle Code. (13) Mr. Allen Grimes, assisted by Colin Leonard of his office, drafted this section. (14) Must, under due process requirement, provide a reasonable time. (15) Although the draft of this ordinance has made a distinction between com- mercial and noncommercial sound amplifying equipment, allowing the use of both of them in the city subject to regulation, a city may lawfully totally prohibit the use of any sound amplifying equipment to be used for commercial purposes within the city. (16) Must be supported by substantial evidence. (17) This section should be included only if your code contains a general appeals provision. The amount should not exceed the cost of administra- tion of the permit system. (18) Mr. Max Strauss and Mr. Randy Hurlburt have determined that 15 decibels above the ambient base level would constitute a reasonable restriction. In the event a city does not wish to adopt a decibel standard for measur- ing sound from sound amplifying equipment, it might adopt this alternate section as follows: "The volume of sound shall be so controlled that it will not be audible for a distance in excess of two hundred feet (200') from the amplifying equipment." (19) Mr. Stanley Remelmeyer, City Attorney of Torrance, performed the original work on this section. His report indicated that there is no PUC order extant on this subject and no statute or case law precluding the city from enacting a regulation of this kind. He expressed the feeling, how- ever, that municipal regulation of this subject would undoubtedly trigger a PUC regulation. This is particularly so if cities enact varying types of regulation. Since the regulation of railroads is to a large extent vested in the PUC and ICC, it should be emphatically mentioned that in the event this proposed regulation is enacted, that the language and pro- visions be kept uniform throughout the state so that the railroad companies could not assert that there must be PUC regulations to achieve uniformity of regulation. Consultants have recommended to the Committee 89 dB(A) as a level which should not be exceeded at any place or point measured 300 ft. from the train engine, Their studies indicated that the present horn noise at 300 feet is 99 dB(A); the average automobile attenuation with windows rolled up is 22 dB(A) . Based upon this datum, the train horn noise could be reduced 10 dB and with a moderately operating radio, still provide suf- ficient noise level to warn a driver. The average train horn in operation on a diesel locomotive produces a substantial overwarning effect and at night, in some residential communities, provides noise levels, according to these studies, of intolerable levels sometimes as high as 110 decibels. -10- • Since every crossing has visual signaling devices, as well as bells, and some have crossing arms, the use of a train horn producing the levels of noise they are capable of, would seem to invite municipal regulation. Many communities, however, do not have a railroad operation and hence, this provision is suggested as being optional. (20) Include, if time limitation is desired. (21) The Committee is indebted to Mr. Allen Grimes, City Attorney of Beverly Hills for his brief on the question of whether a local agency can enact a general noise regulation in view of the doctrine of preemption and con- sidering Penal Code Section 415 and other state statutes relating to noise nuisances. Mr. Grimes' brief supports the affirmative and this was sup- ported in a case which he prosecuted in the municipal court entitled People vs. Katleman. The judge in that case carefully reviewed the law and found that the City of Beverly Hills was not preempted from enacting a local noise regulation; that the ordinance was not in conflict with Article XI, Section 11 of the Constitution and that the ordinance itself was not vague and un- certain nor did it violate the right of freedom of speech and due process. The Beverly Hills ordinance provides for general standards in seeking com- pliance with the ordinance. The court opinion in question commented favor- ably on these standards as evidence of the fact that the ordinance itself was not vague and unreasonable. The court went on to say that "it is neces- sary to give consideration to the impracticability of rigid legislative criteria. No more than a reasonable degree of certainty can be demanded." The Committee adopted these same standards in the proposed general noise regulation in order to set the local ordinance apart from Penal Code Sec- tion 415 and to remove as much vagueness as possible from the type of regulation involved. The general regulation may be used for every noise source for which there is no specific section in the ordinance or, in the alternative, it may be used in lieu of a section if, for some reason, that section cannot be used as a basis for a complaint. -11-