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HomeMy WebLinkAbout18 NOISE CONTROL 02-06-95NO. 18 2-6-95 DATE: FEBRUARY 6, 1995 Inter-Com TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJEOT: ORDINANCE NO. 1143 AMENDING CITY CODE SECTIONS 4616 AND 4617 - NOISE CONTROL RECOMMENDATION It is recommended that the City Council: Select the alternative Noise Ordinance Amendment desired. · Introduce and hold First Reading of Ordinance No. 1143 by title only. FISCAL IMPACT The expansion or limitation of allowable hours or days of construction does not impact the cost of providing City Building Division services. BACKGROUND The request by The Irvine Company for approval of Saturday construction hours was presented to the City Council at their regular meeting on January 16th. Following an extensive discussion, the item was continued to p~rmit staff to respond to the following requests: Survey and review examples of construction noise regulations in other cities. Summarize the issues associated with construction noise during weekdays, weekends and holidays. Response to citizen complaints and enforcement of Code violations. Provide a map of Tustin Ranch showing locations of projects. City Council Report Ordinance No. 1143 Amending City Code Sections 4616 and 4617 - Noise Control February 6, 1995 Page 2 Provide possible revised alternate ordinance language which will eliminate current ambiguities and clarify issues regarding allowable hours and days for construction. A copy of the January 16th agenda report is attached. Responses to the above requests are discussed below. DISCUSSION 1. Construction Noise Regulations In Other Cities. Staff requested copies of noise regulations from those 18 communities surveyed in the January 16th City Council report. Ten of those communities transmitted copies of their applicable noise regulations to the City. A number of communities did not transmit their own ordinance since'they enforce County of Orange noise regulations by code reference. A review of those noise ordinances received indicates that several cities have created construction specific regulations for both new construction and maintenance of real property (La Habra, Yorba Linda, Fountain Valley, Placentia and Irvine). In these Noise Ordinance examples, the allowable hours for construction and/or real property maintenance are clearly stated. Conducting construction activities outside of the approved hours is a Code violation. There is no requirement to measure decibel levels or time durations of the noise in these ordinances. The County of Orange and the cities of Orange, Buena Park, Mission Viejo, Laguna Hills, Laguna Niguel, and Villa Park utilize the County of Orange Ordinance which establishes exempt hours from 7:00 a.m. to 8:00 p.m. on Saturdays. The County Ordinance requires decibel measurements during nonexempt hours in order to determine if a Code violation has occurred. The remaining cities in the survey have a variety of allowable Saturday hours and typically utilize decibel measurements for determination of Code violations during nonexempt hours. Regardless of the Council's decision with regard to Saturday construction, staff recommends that the revised regulations be worded in a manner that establishes clear and specific hours for construction and that make any construction activity outside of the allowable hours a Code violation that is not linked to a decibel noise measurement. This would provide for regulations that are easily understood by residents, developers, and staff. City Council Report Ordinance No. 1143 Amending City Code Sections 4616 and 4617 - Noise Control February 6, 1995 ~ ~ ~ ~' ~ Page 3 2. Weekday construction noise. The majority of weekday construction noise complaints have most frequently involved construction starting prior to 7:00 a.m. or continuing past 6:00 p.m. Under the current Noise Ordinance, such activity is a violation if it exceeds the specified decibel noise levels for a specific period of time. In addition, construction outside of the time restrictions established in the current noise ordinance is a violation of'conditions of approval on new subdivisions in East Tustin and is a municipal code violation if no exemption has been granted by the Building Official. Another issue is late night or very early morning deliveries of machinery, equipment, or materials either prior to 7:00 a.m. or after 6:00 p.m. Controlling delivery times will require additional cooperation from the development community who must better inform their suppliers of existing City ordinances. 3. Weekend and Holiday Construction Noise. The issues related to weekend or holiday construction noise have primarily involved work occurring on Saturdays when no exemption by the Building Official has been granted. Similar issues have occurred on holidays and Sundays. . Response to Citizen Complaints and Enforcement of Code Violations. Response by the City to citizen noise complaints will require active participation by the Police Department. The Police Department is staffed seven days per week and twenty-four hours per day. Construction noise complaints after normal City hours would be much easier to handle by the Police Department once ordinance amendments are adopted which do not require measurement of decibel levels with the only decision being whether construction is occurring within permitted hours of operation or on sites with permit exCeptions. Complaints during normal work hours~ will be handled by the Community Development Department. The police officers have the experience and legal authority to issue citations when required. In addition, Building Inspectors have been typically assigned to regularly monitor construction sites in early morning hours prior to 7:00 a.m. to ensure compliance with the City's Noise Ordinance and to monitor sites where noise complaints have been received. The Community Development Department would also take the lead in the area of information and notification. The Community Development Department will develop and distribute informational handouts regarding work hours, penalties, and complaint procedures. City Council Report Ordinance No. 1143 Amending City Code Sections 4616 and 4617 - Noise Control February 6, 1995 Page 4 Such information will be mailed to all Homeowners' Associations, provided with the issuance of all building permits, and hand delivered to each superintendent of each active tract. Once revisions to the Ordinance are completed, an intensive period of pro-active notification and enforcement should be implemented. The fines and penalties available to the City are as follows: Violations of the Noise Ordinance can be cited as misdemeanors with a current bail schedule of $125.00. Violations of conditions of approval which also define construction hours, may be cited as either an infraction or misdemeanor as determined by the City and carry a bail amount of $100.00. The City Code sections are Section 4616(2) for violations of construction hours and Section 1121 for unlisted.. violations which include violations of conditions of approval. Violators may be cited for both violations which could result in a net penalty of $225.00 per violation. Alternatively, the City may raise the bail for violations of the Noise Ordinance to $250.00. Staff believes that these penalties can be very effective in controlling compliance with work hours. It can be expected that initially any revised ordinance program will involve a considerable effort by the Community Development Department, Police Department and prosecution by the City Attorney. Once the word is out and some citations are issued, it is anticipated that the notification responsibility by the Community Development Department will continue while the demand for Police Department response would drop following an initial aggressive enforcement period. 5. East Tustin Development Activity and Irvine Company Response Attached for the City Council's information is an exhibit which identifies current development activity in Tustin Ranch. The Building Official has spoken to Mr. Le Blanc of The Irvine Company concerning~their efforts regarding this noise issue. Mr. Le Blanc has indicated that a meeting between the interested homeowners, builders, and company representatives was held on Thursday, January 26, 1995, at the Cantada Association Center. The Irvine Company has agreed to issue a letter to all contractors and suppliers identifying construction and delivery hours as determined by the City. A review of their standard contracts has revealed that there is standard language requiring compliance with all laws of the local jurisdiction. Mr. Le Blanc has proposed adding even more specific language regarding construction hours in Tustin for all future contracts. The Irvine Company has also agreed to establish a construction noise Hot Line for residents to report noise issues City Council Report Ordinance No. 1143 Amending City Code Sections 4616 and 4617 - NOise.~.~ontr~l February 6, 1995 Page 51, at their projects. Internal meetings have been held with construction personnel outlining noise issues and expectations of the company and residents. The Irvine Company has stated their commitment to working with the City to obtain compliance with the Noise Regulations. Mr. Le Blanc will be attending the Council meeting to provide more detailed information and to respond to questions. 6. Alternative Ordinance Proposals. A number of possible alternative Noise Ordinance Amendments have been prepared and attached for Council consideration (Attachment B). The City Council could select the desired alternative or make further modifications to any alternative and proceed with first reading of noise ordinance amendments. Alternative I Permits cOnstruction on weekdays from 7:00 a.m. to 6:00 p.m. Prohibits construction activities at other times or on Saturday, Sundays and Federal holidays. Exception would be construction activities needed due to an urgent necessity or which would not impair the public health and safety. In such cases, a temporary exception would have to be granted by the Building Official or Public Works Director. Limits material and supply deliveries to same restrictions as construction. Alternative II Permits construction on weekdays 7:00 a.m. to 6:00 p.m. Saturdays 9:00 a.m. to 6:00 p.m. Prohibits construction activities on Sundays and Federal holidays. Exception would be construction activities needed due to an urgent necessity or which would not impair the public health and safety. In such cases, a temporary exception would have to be granted by the Building Official or Public Works Director. City Council Report Ordinance No. 1143 Amending City Code Sections 4616 and 4617 - Noise Control February 6, 1995 Page 6 Alternative III Permits construction on weekdays from 7:00 a.m. to 6:00 p.m. Permits construction on Saturdays from 9:00 a.m. to 6:00 p.m. provided said activity does not involve framing stucco gunning; or · grading operations These activities would be prohibited Prohibits construction on Sundays and Federal Holidays. Exception would be construction activities needed due to an urgent necessity or which would not impair the public health and safety. In such cases, a temporary exception would have to be granted by the Building Official or Public Works Director. CONCLUSION The construction noise issue is one that requires a policy decision by the Council regarding the acceptable hours and days for construction. Rick Brown Building Official Christine Assistant City ~anager Attachments: (A) Staff report of the January 16, 1995 City Council Meeting (B) Alternative Noise Ordinances RB :mp: br\CCRepor t \Sat cons t. RB ACTIVE CONSTRUCTION SITES ACTIVE CONSTRUCTION SITES '\ I \ '\ A TTA CH~ENT A CITY CO UNCIL JANUARY 16, 1995 NO. 16 1-16-95 DATE: JANUARY 16, 1995 Inter-Corn TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: EAST TUSTIN DEVELOPERS REQUEST FOR SATURDAY WORK APPROVAL RECOMMENDATION ' Pleasure of the Council FISCAL IMPACT The expansion or limitation of allowable hours or days of construction does not impact the cost of providing City Building Division services. BACKGROUND AND DISCUSSION The Irvine Company has requested consideration of Saturday construction hours during the hours between 9:00 a.m. and dusk. City staff does not have the authority to approve such a request, except under specific conditions as contained in the existing noise ordinance. City staff have met and conversed on this subject with developers and residents. After months of discussion, it has become apparent that the matter should receive consideration by the City Council. During the past several months, noise associated with construction activities has become an issue which has resulted in a number of complaints and inquiries from residents of Tustin Ranch. Response to those complaints has involved considerable staff time. The nature of the complaints received fall into two primary categories. The first category involves construction noise (sawing, hammering, fork lifts, spray guns, etc.) occurring before 7:00 a.m. or after 6:00 p.m. on week days and at any time on Saturday, Sunday or holidays. The second category involves late night and early morning deliveries of equipment, machinery, and materials occurring primarily on week days. City Council Report East Tustin Developers Request for Saturday Work Approval January 16, 1995 Page 2 In conjunction with approval of subdivisions in East Tustin, the Planning Commission has imposed conditions which restrict the work hours and days that construction operations may be permitted. Specifically, all construction activities shall take place only from 7:00 a.m. to 6:00 p.m., Monday through Friday unless the Building official determines that said activity will be in substantial conformance with the noise ordinance and the public health and safety will not be impaired. Weekend work has only been granted where the above findings have been be made and a request has been received from the builder. Violations of the conditions of approval are enforceable under penalty provisions of the Tustin City Code. Historically as East Tustin development has progressed, requests for weekend work have been generally only denied where the type of work occurring or planned by a builder involved the potential for significant disruption and noise impacts to residences in the vicinity, particularly in more densely developed phased projects or on those projects where staff had continued to receive resident complaints about weekend work. More recent conflicts between residents and builders have developed Particularly as a result of certain builders ignoring the weekend work restriction imposed on their projects and proceeding with work without benefit of authorization from the Building Official. Notwithstanding conditions on Tustin Ranch subdivisions, the Tustin City Code also contains noise control regulations which have not been revised since 1982. (Attached as Exhibit A) Review of Sections 4616(2) and 4617(e) has revealed that there exists certain inconsistencies in the Code. Section 4616(2) Saturday daytime work requires approval of the Building Official and in Section 4617e Saturday daytime work is exempt from the provision of the Chapter. Enforcement of Section 4616(e) is also subject to the linkage of decibel-levels with compliance. This has resulted in questions as to the:staff's ability to properly enforce the ordinance. Police officers do not carry decibel meters to measure sound pressures. Therefore, as the Code is currently drafted, the violator must be caught committing the violation. Given that the violation is linked to sound pressure, that sound pressure requires measurement to determine if there is a violation. Enforcement under this scenario required the use of noise monitoring equipment at construction sites. Such a program would involve considerable cost to the City. City Council Report East Tustin Developers Request for Saturday Work Approval January 16, 1995 Page 3 The conditions of approval on individual subdivisions in Tustin Ranch are more specific as to days and hours of construction and will require amendment by each builder if the City Council chooses to allow Saturday construction hours. The existing noise ordinance will require revision under any scenario in order to eliminate inconsistencies and to provide a realistic method for determination of violations. It is important to note that noise ordinance provisions apply to all construction related activities in the City from tract development to homeowner constructed decks or patio covers. Staff has surveyed those cities that are in the City's normal survey group as well as the County of Orange and certain other cities with significant development activity within the County in order to examine their policies regarding weekend construction. The results are as follows: SATURDAYS SUNDAY/HOLIDAYS County of Orange 7:00 am - 8:00 pm Not Permitted Irvine 9:00 am - dusk " San Clemente 7:00 am - 5:00 pm " Orange~ 7:00 am - 8:00 pm " Mission Viejo 7:00 am - 8:00 pm " Laguna Hills 7:00 am - 8:00 'pm " Laguna Niguel 7:00 am - 8:00 pm " Huntington Beach 8:00 am - 6:00 pm " Villa Park 7:00 am - 8:00 pm " Yorba Linda 8:00 am - 5:00 pm " Anaheim 7:00 am - 7:00 pm " San Juan Capistrano 8:30 am - 4:30 pm " Placentia 9:00 am - 6:00 pm " Brea 7:00 am - 10:00 pm " Fountain Valley 7:00 am - 5:00 pm " La Habra 7:00 am - 7:00 pm " Cypress 8:00 am - 8:00 pm "~ · Buena Park 8:00 am - 8:00 pm " Based upon the survey results it appears that Saturday construction noise is allowed in all the cities surveyed and.that some cities limit starting times on Saturdays to later hours than those permitted on weekdays. All cities surveyed prohibited construction noise on Sunday and holidays. City Council Report East Tustin Developers Request for Saturday Work Approval January 16, 1995 Page 4 The letter of request from the Irvine Company is attached as Exhibit B. Additional support for the Irvine Company's request is provided as Exhibit C. Homeowner Associations in Tustin Ranch have been notified that the construction noise issue will be discussed at the January 16, 1995 City Council meeting. CONCLUSION With the recent amount of resident concerns about weekend construction activities in Tustin Ranch, staff would like to receive input from the City Council on the Irvine Company's request to allow construction activities on Saturdays. Staff would be prepared~to return to the City Council with any needed City Code amendments based on City Council direction. In any event, staff will also be recommending certain revisions to the City's Noise Ordinance to eliminate inconsistencies and to provide a realistic method for determination of certain violations. Rick Brown Building Official ~hr~stine Shingl~n Assistant City M~nager Attachment A - Current Noise Ordinance Attachment B - Letter of Request from Irvine Company Attachment C - Letter of Support for Weekend Work RB:satwork.ccr -XHIBIT C HA }ri'ER 6 4611 4612 4613 4614 4615 4616 4617 4618 4619 4620 4621 4622 4623 4624 "4625 NOISE CONTROL CHAPTER INDEX DECLARATION OF POLICY DEF IN IT IONS DESIGNATED NOISE ZONES EXTERIOR NOISE STANDARDS INTERIOR NOISE STANDARDS SPECIFIC DISTURBING NOISES PROHIBITED EXEMPTIONS SCHOOLS, HOSPITALS, COURTS AND CHURCHES AIR CONDITIONING AND REFRIGERATION NOISE LEVEL MEASOREMENT CRITERiA MANNER OF ENFORCEMENT; ADOPTION OF TITLF, 4, DIVISION 6, CODI)'IED ORDINANCES OF ORANGE COUNTY ~- VARIANCE PROCEDURE NOISE VARIANCE BOARD APPEALS VIOLATIONS; MISDEMEANORS REV: 1-82 HS-6-1 TUSTIN CITY CODE - NOISE CONTROL 4611 C HA t~'ER $ NOISE CONTROL EDITOR'S NOTE: Ord. No. 828, Sec.. 1, adopted July 21, 1980, amended Ch. 6 of Art. 4 to read as herein set out. Prior to amendment, Ch. 6 pertained to similar subject matter, consisted of Section 4611, and was de- rived from Ord. No. 9; Ord. No. 239; Ord. No. 450, Secs. 1--3; and Ord. No. 469. 4611 DECLARATION OF POLICY In order to control unnecessary, excessive and annoying sounds emanating from incorporated areas of the city, it is hereby declared to be the policy of the City to prohibit such sounds generated from all sources as specified an this Chapter. It is determined that certain noise 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 cre- ate, 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 punish- able as such. (Ord. No. 828, Sec. 1, 7-21-80) 4612 DEFINITIONS The following words, phrases and terms as used in this Chapter shall have the meaning as indicated below: (1) "Ambient Noise Level." The all-encompassing noise level associated with a given envirorrnent, 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. (2) "A-Weighted Sound Level" (dB(A)). A quantity in decibels, read from a standard sound-level meter that is switched to the weighting network labeled "A." The A-weighted network discriminates against the lower frequencies according to a relationship approximating the auditory sensitivity of the human ear at moderate sound levels. (3) "Commercial Property." A parcel of real property which is developed and zoned either in part or in whole for commercial purposes, includ- ing, but not_. limited to retail and wholesale businesses, and profes- sional offiCes,'~ibut excluding home occupation uses as authorized by Ordinance No. 330. " (4) "CNEL" (Community Noise Equivalent Level). A cumulative measure of community noise exposure for a twenty-four-hour day, using the A- weighting sound level and expressed in logarithmic units. This C;N'EL scale takes into account the single event sound level, single event duration, single event occurrence frequency, and the time of the oc- currence of the noise source. Additionally, it applies weighting REV: 1-82 ES'6-3 TUSTIN CITY CODE NOISE CONTROL 4612(4) factors which place greater significance on noise eve,Its occurring tn the nighttime (i0:00 p.m. to 7:00 a.m.) than on those during the evening (7:00 p.m. to 10:00 p.m.) or daytime (7:00 a.m. to 7:00 p.m.), respectively. (5) ."Cumulative Period." An additive period of time co.reposed of individual time segment~ which may be continuous or interrupted. (6) "Decibel" (dB). ~ unit which denotes the ratio between two (2) quantities which are proportional to power: the n~mber of decibels corresponding to the ratio of two (2) amounts of power is ten (10) '10) of this ratio. times the logarithm to the base ten ~ (7) "Dwelling Unit." A single unit providing complete, independent living facilities for one (1) or more persons including pemuanent provisions for living, sleeping, eating, cooking and sanitation. .. ~. .. (8) "Emergency Machinery, "Vehicle, or "Work. Any ma:hinery, 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 wo. rk by private or public utilities when restoring ,~tility service. (9) "Fixed Noise Source." A stationary device which creates sounds while fixed or motionless including, but not limited to, industrial and com- mercial machinery and equ.tpment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment. (10) "Grading." Any'~xcavating or filling of earth material, or any com- bination thereof, conducted at a site to prepare said site for con- struction or other improvements thereon. (11) "Impact Noise." The noise produced by the collision of one (1) mass in motion with a second mass which may be either in motion or at rest. (12) "Industrial Property." A parcel of real property which is developed and zoned either in part or in whole for manufacturing purposes, including research and development uses, but excludi.ng home occupation cases as authorized by Ordinance No. 330. (13) "Mobile Noise Source." Any noise source other than a fixed noise source. (14) "Noise Level." T~e "A" weighted sound pressure level in decibels ob- tained by using a sound level meter at slow response with a refer- ence pressure of twenty (20) micropascals per square meter. The unit of measurement shall be designated as dB(A). (15) "Noise Variance Board." An administrative board of ~ive (5) members appointed by the Board of Supervisors of the County of Orange, per Ti- tle 4, Division 6, Article 1 of the Codified Ordinances of the Coun- ty of Orange. (16) "Pers0'~." A person, firm, association, copartnership, joint venture, corporation or any entity, public or private in nature. (17) "Residential Property." A parcel of real property which is developed and zoned either in part or in whole for residential purposes, other than transient uses such as hotels and motels. (18) "Simple Tone Noise." A noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distin- guished. (19) "Sound Level Meter." An instrument meeting American National Standard Institute's Standard S1.A-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. REV: 1-82 HS-6-4 TUSTIN CITY CODE NOISE CONTROL 4612(20) (20) "Sound Pressure Level" of a sound, in decibela, shall me~n tweuty (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. (Ord. No. 828, Sec. 1, '7-21-80; Ord. No. 845, Secs. 1--3, 5-18-81) 4613 DESIGNATED NOISE ZONES The properties hereinafter described are hereby assigned the following noise zones: (a) Noise Zone 1: All residential properties. (b) Noise Zone 2: All commercial properties. (c) Noise Zone 3: All industrial properties. (d) Noise Zone 4: All special properties such as hospitals, convalescent homes, public and institutional schools, libraries and churches. (Ord. No. 828, Sec. 1, 7-21-80) 4614 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) 50 dB(A ) 7:00 a.m.--IO:O0 p.m. 10:00 p.m.-- 7:00 a.m. 2 60 dB(A) any time 3 70 dB(A) any time 4 55 dB(A) any time In the event the alleged offensive noise consists of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five (5) dB(A). ' (b) It shall be unlawful for any person at any location within the incor- porated area of the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured on any other property to exceed: (1) The noise standard for a cumulative period of more than t'hirty (30) minutes in any hour; or (2) The noise standard plus five (5) db(A) for a cumulative period of more than fifteen (15)minutes in any hour; or (3) The noise standard plus ten (10) dB(A) for a cumulative period of more than five (5)minutes in any hour; or (4) The noise standard plus fifteen (15) dB(A) for a cumulative period of more than one (1) minute in any hour; or (5) The noise standard plus twenty (20) dB(A) for any period of time. REV: 1-82 · . HS-6-5 TUSTIN CITY CODE NOISE CO,~'FROL 4614(c) (c) In the event the ambie,~t noise level exceeds any of the first four (4) noise limit categories above, tl~c cumulat[v~ pe~:iod applicable to said category shall be increased to reflect said ambient noise level. In the event the ambi- ent no[se level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall b~, increased to reflect the maximum ambi- ent no%se level. (Ord. No. 828, Sec. 1, 7-21-80; Ord. No. 845, Secs. 4, 5, 5-18-81) 4615 INTERIOR NOISE STANDARDS (a) The following interior noise standards, unless otherwise specifically indicated, shall apply to all property within a designated noise zone: · Interior Noise Standards Noise Zone Noise Level Time Period, I 55 ~S(^) 45 dS(~) 7:00 a.m. --] O: O0 p.m. 10:00 p.m.-- 7:00 a.m. In the event the alleged offensive noise consist of impact noise, simple tone noise, speech~, music, or any combination thereof, each of the above noise levels shall be reduced by five (5) dB(A). (b) It shall be unlawful for any person at any locat.ion within the incor- pore.ted area of the city t° create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured within any other dwelling ,mit on an}' residential property, to exceed: (!) The interior ,~oise standard for a cumulative period of more than five (5) minutes in any hour; or (2) The interior noise standard plus five (5) dB(A) for a cumulative peri- od of more than one (1) minute in any hour; or (3) The interior noise .standard plus ten (10) dB(A) for any period of time. (c) In the event the ambient noise level exceeds either of the first two (2) noise limit :ategories above, the cumulative period applicable to said category shall be increased to reflect 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. (Ord. No. 828, Sec. 1, 7-21-80; Ord. No. 845, Sec. 6, 5-18-81) 4616 SPECIFIC DISTUR'BING ~OISES PROHIBITED I~ shall be unlawful for any person to make, continue, cause to allow to be made or con=[hued for any amount of time the following acts and things which are in excess-of--the levels-described--in-Sections 4614 and 4615, and which are hereby declared to be unnecessary, excessive and annoying in violation of this Article: (I) Loudspeakers, Amplifiers for Advertising. The using, operating or permitting to be played, used, or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for ~he producing or reproducing of sound which is REV: 1-8~ - HS-6-6 TUSTIN CITY CODE NOISE CONTROL 4616(1) cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any commercial building or structure. (2) Construction or Repairing of Buildings. The erection (including ex- cavating), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety,· and then only with a permit from the building official, which permit' may be granted for a period not to exceed three (3) days or le.~s while the emergency continues and which permit may be renewed for a period of three (3) days or less while the emergency continues. If the building official should determine that the activity will be in substantial conformance with the intent of this Chapter a~d that the public health and safety will not be impaired by the erection, demo- lition, alteration or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 7:00 a.m. and between any and all hours on Saturdays and Sundays, he may grant per- mission for such work to be done within the hours of 6:00 p.m. and 7:00 a.m. and between' any and all hours on Saturdays and Sundays, upon application being made at the time the permit for the work is awarded or during the progress of the work. Hammers, etc. The operation between the hours of 6:00 (B) Pile Drivers~ p.m. and 7:00 a'.m. of any pile driver, .steam or'gasoline shovel, pneu- matic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise. (Ord. No. 828, Sec. 1, 7-21-80; Ord. No. 845, Sec. 7, 5-18-81) 4617 EXEMPTIONS The following activities shall be exempted from the provisions of this Chapter: (a) Activities conducted on the grounds of any public or private nursery, elementary, intermediate or secondary school or college, public agen- cy, and public utility. (b) Outdoor gatherings, public dances, shows and sporting and entertain- ment events provided said events are conducted pursuant to a permit (license/permit) issued by the City pursuant to Article 3, Chapter 2 of the Tustin City Code relative to the staging of said events. (c) Activities conducted on any park or playground provided such park or playground is owned and operated by a public entity. (d) Any mechanical device, apparatus or equipment used, related to or con- nected with emergency machinery, vehicle or work. (e) Noise sources, associated with construction, repair, remodeling, or grading of an.y real property, provided said'activities do not 't_~ke 'place between the hours of 6:00.p.m. and 7:00 .a.m. on weekdays, .i"n- cludi6g Saturday, or at any t-ine on Sunday or a Federal hdliday (f) All'mechanical devi~es, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions. (g) Mobile noise sources associated with agricultural operations provided such operations do not take place between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a Federal holiday. REV: 1-82 HS-6-7 TUSTIN CITY CODE NOISE CO.~'TROL 4617(h) (h) Mobile noise sources associated with agricultural pest control through pesticide application provided that the application is made in ac- cordance with restricted material permits issued by o~ regulations en- forced by the Agricultural Commissioner. (i) Noise sources associated with the maintenance of real property pro- vided said activities take place between the hours of 7:00 a.m. and 6:00 p.m. on any day except Sunday or Federal holidays, or between the hours of 9:00 a.m. and 6:00 p.m. on Sunday or Federal holidays. (j) Any activity to the extent regulation thereof has been preempted by State or Federal law. (k) Noise sources associated with the maintenance, repair, remodeling, grading and landscaping of residential real property performed by the owner, provided such activity does take place between the hours of 7:00 a.m. and 9:00 p.m. This section does not authorize noise sources performed by independent building trades contractors. (1) Noise sources associated with the maintenance and repair of personal property perfomned by the owner on the owner's residential property, provided such activity takes place between the hours of 7:00 a.m. and 9:00 p.m. This section does not authorize noise sources by indepen- dent repairmen or technicians. (Ord. No. 828, Sec. 1, 7-21-80) 4618 SCHOOLS, 'HOSPITALS, COURTS AND CHURCHES It shall be unlawful for any person to create any noise which causes the noise level at any school, hospital, court, or church while the same is in use, to ex- ceed the noise limits as specified in Section 4614 prescribed for the assigned noise zone in which the school,' hospital, or church is located, or which noise level unreasonably interferes with the use of such institutions or which un- reasonably disturbs or annoys patients in the hospital, provided conspicuous signs are displayed in three (3) separate locations within one-tenth of a mile of the institution indicating the presence of a school, church, court, or hospital. (Ord. No. 826, Sec. 1, 7-21-80) 4619 AIR CONDITIONING AND REFRIGERATION During a one-year period following the effective date of Ordinance No. 828 the noise level standards as specified in Sections 4614 and 4615 shall be increased by eight (8) dB(A) where the 'alleged noise source is an air-conditioning apparatus or refrigeration system, which was installed prior to the effective date of said Ordinance. (Ord. No. 828, Sec. 1, 7-21-80) 4620 NOISE LEVEL MEASUREMENT CRITERIA Any noise level measurements ~ade pursuant to the provisions of this Chapter shall be performed using a sound level meter as defined in Section 4612. The location selected for measuring exterior noise levels shall be at any point on the affected property. Interior noise measurements shall be made within the dwelling unit affected by exterior noise. The measurement shall be made at a point at least four (4) feet from the wall, ceiling, or floor nearest the alleged offensive noise source and may be made with the windows of the affected unit open. (Ord. No. 828, Sec. 1, 7-21-80) REV: 1-82 HS-6-8 TUSTIN CITY CODE NOISE CONTROL 4621 4621 MANh~ZR OF EN'FORCEMENT; ADOPTION OF TITLE 4, DIVISION 6, CODIFIED ORDIbl~NCES OF ORANGE COUNTY The Orange County Health Officer and his duly authorized repcesentatives, the Tustin Police Chief and his authorized representatives, and the Tustin Building Official, and such city employees as designated by the City Chief Administration Officer, are hereby empowered to, and it shall be their duty to, enforce the provisions of this Chapter, and the provisions of Title 4, Division 6 of the Codified Ordinances of the County of Orange, adopted herebY by reference. Said officials, representatives and employees are also authorized pursuant to California Penal Code Section 836.5, to arrest any person without a warrant when they have reasonable cause to believe that such person has committed a mis- demeanor in their presence. No person shall interfere with, oppose or resist any authorized person charged with enforcement of this Chapter while such person is engaged in the performance of his duty. (Ord. No. 828, Sec. 1, 7-21-80; Ord. No. 845, Sec. 8, 5-18-81) 4622 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 Health Officer 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 com- pliance 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) or as here- inafter amended by the Orange County Board of Supervisors. A separate applica- tion 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 (1) application. Upon receipt of said. appli- cation and fee, the Health Officer shall refer it with his recommendation there-~ on within thirty (30) days to the Noise Variance Board for action thereon in accordance with the provisions of this Chapter. An applicant for a variance shall remain subject to prosecution under the terms of this Ordinance until a variance is granted. (Ord. No. 828, Sec. 1, 7-21-80) 4623 NOISE VARIANCE BOARD The Noise Variance Board, as established by Section 46.0013 of the Codified Ordinancep of the County of Orange, California, shall evaluate all applications for variance ~ from the requirements of this Chapter and may grant said variances with res.pect to time for compliance, subject to such terms, conditions and re- quirements as it may deem reasonable to achieve maximum compliance with the pro- visions 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 said Board shall consider the magnitude of nuisance caused by the offensive noise; the uses of property within the area of impingement by REV: 1-82 HS-6-9 TUSTIN CITY CODE NOISE CONTROL 4623 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 equip- ment; and the general public interest and welfare. Any variance granted by said Board shall be by resolution and shall be transmitted to the Health Officer for enforcement. An), violation of the terms of said variance shall be unlawful. (Ord. No. 828, Sec. I, 7-21-80) 4624 APPEALS Within fifteen (15) days following the decision of the Variance Board on any ap- plication the applicant, the Health Officer, or any member of the City Council, may appeal the decision to the City Council by filing a notice of appeal with the Secretary of the Variance Board. In the case of an appeal by the applicant for a variance, the notice of appeal shall be accompanied by a fee to be com- puted by the Secretary on the basis of the estimated cost of preparing the materials required to be forwarded to the City Council as discussed hereafter. If the actual cost of such preparation differs from the estimated cost appropri- ate payments shall be made either to or by the Secretary. Within fifteen (15) days following receipt of a notice of appeal and the appeal fee, the Secretary of the Variance Board shall forward to the City Council copies of the application for variance; the recommendation of the Health Officer; the notice of appeal; all evidence concerning said application received by the Variance Board and its decision thereon. In addition, any person may file with the City Council written arguments supporting or attacking said de- cision and the City Council may in its discretion hear oral arguments thereon. The City Clerk shall mail to the applicant a notice of the date set for hearing of the appeal. The notice shall be mailed at least ten (10) days prior to the hearing date. Within sixty (60) days following its receipt of the notice of the appeal, the City Council shall either affirm, modify, or reverse the decision of the Variance Board. · Such decision shall be based upon the City Council's evaluation of the matters submitted to the City Council in light of the powers conferred on the Variance Board and the factors to be considered, both as enu- merated in Sections 4622 and 4623. As part of its decision the Council may direct the Variance Board to conduct further proceedings on said application. Failure of the City Council to affirm, modify or reverse the decision of the Variance Board within said sixty-day peri- od shall constitute an affirmance of the decision. (Ord. No. 828, Sec. 1, 7-21-80) : 4625 VIOLATIONS; MISDEMEANORS Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. The provisions of this Chapter shall not be construed as permitting conduct not prescribed herein and shall not affect the enforceability of any other applica- ble provisions of law. (Ord. No. 828, Sec. 1, 7-21-80; Ord. No. 845, Sec. 9, 5-1S-S1 ) REV: 1-82 HS-6-10 · ,-.- EXHIBIT B IRVINIE COMMUNITY BUILDER5 January 5, 1995 Mr. Rick Brown Building Official 300 Centennial Way Tustin, CA 92680 Dear Rick, Thank you for the opportunity to meet with you and Christine Shingleton on Thursday December 22, 1994 to discuss the issue of construction hours on Saturday. Your interest and cooperation was much appreciated. . · You explained that your intentions were to bring this matter to the City Council on January 16, 1995 for policy direction on the issue. As we discussed, I am following up our discussion with this formal request that the City of Tustin allow construction activity on Saturdays between 9:00 a.m. and dusk. This direction will assist the building industry in its attempts to complete construction schedules in a timely manner and increase efficiencies for the builder. The ability to work on Saturdays is an important element for the builder wishing to complete tasks on schedule and adds a desired degree of flexibility to manage trade work. Saturdays are certainly a work day for many businesses and also a typical day for work by many residents in the yard and home. The building ind~ustry should have the same opportunity to perform work on Saturdays as other businesses and even homeowners and residents performing work at their homes: Starting the work day at 9:00 a.m. on Saturdays instead of the conventional 7:00 a.m. time during the week is consistent with other neighboring jurisdictions and appears to be a workable practice for both the builder and residents. We support the implementation of a policy that would permit construction activity between 9:00 a.m. and dusk on Saturdays. This policy would accommodate the legitimate concerns of the builder to complete work on its projects while establishing reasoriable parameters for the local residents. Furthermore, establishing a specific policy for Saturday'Work hours, rather than addressing the issue on a case by case basis, will provide certainty for the builder and residents and should also facilitate city enforcement of the regulation. 550 Newporl Cenler Dr~ve, PO. Box I, Newporl Beach. Cahforn~a 92658-8904 (714) 720-2715 ,". [ ),, .', ,','1 ,,' ~ '. ;',..l~t, ~ ~: ~.~. Mr. Rick Brown January 5, 1995 Page 2 Thank you for your consideration of this matter and the ability to offer our perspective on the issue. Please let me -know if you have any questions. Sincerely, Vice President CC; K. Greer, President, ICB C. Shingleton, Assistant City Manager J. Slavin, President, CPH P. Smith, President, 1AC tuslinnois.ml 9-95 HON lO' 18 JOHN LAil' ")HES CFI . OHN LAINO JILI~N0 HOMES FOR January 9, 1 995 NO. 7],1587' " P. O1 EXHIBIT C Mr. Rick Brown Building Official City of Tustin 300 Centennial Way Tustin, CA 92680 Construction Work on Weekends Dear Rick: We appreciate the opportunity [o provide our comment:; regarding the city's policy of no construction work on Saturdays. During an economic turn-dov,,'n fi'tis policy prob'ably does not have much of an impact on our economy. During an economic lurn-around it creates additio.;al handicaps to overcome, and retards e¢or'~ornic growth. This as a problem for us, fl';e builder, who wants lo ~,el tl~ing$ done as soon as possible. Our buyer, who wants Io move inlo their home as soon i:~s possible. · Our surrounding neighbors, would probably would tike to see something happening with dormant projects and land. · The local n~erchants who can always u~ additional bus,ness frown new buyers. · And, the local governmenl who can always use ad~tition.'~l ¢ees and tax revenues. We believe we should be good ~eighbors and cu~lrr,I thu w,)rk hour5 on weekedds. However, to eliminate work all together does not seem to be ~. post!ivy., ,;olution. Perhaps Ii, ere could be some common ground found in the hours to be worked on weukentls. Since'ely, TLC:bh A TTA CH~4ENT B A L TER NA TI VE NOISE ORDINANCE AMENDMENTS CROSS HA TCHIN G INDICATES DELETIONS AND SCREENING INDICATES ADDITIONS AL TERNA TEI _ ALTERNATIVE I 4616 SPECIFIC DISTURBING NOISES PROHIBITED It shall be unlawful for any person to make, continue, cause to allow to be made or continued for any amount of time the following acts and things ---~ --~ ~ ......... ~ *~ ~ .... ~ ~ .... ~ ~- ~ ~^-~ ~ ~ ~"~ hich hereby d 1 ed be ................. , .... w are ec ar to unnecessary, excessive and annoying in violation of this Article: (1) Loudspeakers ~ Amplifiers ~i~ for Advertising. The using, operat~~ or permi~:{:~ to be played, used, or operating of anf:':':~dio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machin~ or device for the produci~ or. repro~ucins of ~:*:*~ose of:~:~~rcial advertising or attracting the attention of the public to any commercial building or structure. %,,&%,.,. %,,..&. ~.,.&~, ~,,,.d.. ,L~,,,%.,.,Lv.,,.,~,,d.,d..,,b, dL&~ ~,'d. &.,~ ',,.4..a.d. W,.d../.&&~ ~.... d., &,,L~,.,. .L. · .......... :::, ............................... -gO a m · L .L ',.,. ',,.,. %.,. *,,.. ~.,~ ,.b. ,,,...,~, ,.&.,a.m. ',-- ~ ,.d. & ,L '*... ~,,.,..,1.. %... *,.,. t.,, %,.,. ,,b., _/...,. ~4. J,,., ,,A. ,d. ,~., ,& & '~,, '.,~ .I. %.,..L A '~4. A & ~4, n- cccd ~=~ ~- ~ ---~ ~-,~ ~..t~``~u~''^ .... t~nuc~ f ........... rgcncy . I ~ ~"~ .... ~ c .... t~n ~f st~tu and ................. 7:00 nn .... ~ 7-00 ~ . ~..d ~ ...... C:~ ~. .................... · - ~- any and all . upon thc * ~-~ ~ ..... =~* ~ t~ ...... ~- ~ ....... PAGE 2 Alternate I PAGE 3 Alternate I 4617 EXEMPTIONS .................... tcd '*'.." th ............ ~ .... b~t con thc ~ ...... f ~:n~ .......... d 7:00 1 ALTERNATIVE I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1143 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF ARTICLE 4 OF THE TUSTIN CITY CODE, HEALTH AND SANITATION The City Council of the City of Tustin finds and determines as follows: A, B ~ Noise associated with commercial construction activity can be detrimental to the public health, welfare and safety. UncontrOlled commercial construction noise is contrary to the public interest and the quiet enjoyment of residential homes. C , The control of commercial construction noise is in the public interest. ~ NOW, THEREFORE, the City Council of the City of Tustin does hereby ordain as follows: Section 1. Article 4, Chapter 6, Section 4616 of the Tustin City Code is hereby repealed in its entirety. A new Section 4616 is added to read as follows: "Section 4616 Specific Disturbing Noises Prohibited It shall be unlawful for any person to make, continue, cause to allow to be made or continued for any amount of time the following acts and things which are hereby declared to be unnecessary, excessive and annoying in violation of this article: (1) Loudspeakers or Amplifiers used for Advertising. The using, operating or permitting to be played, used, or operating of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound in excess of the levels described in Sections 4614 and 4615 which sound is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any commercial building or structure. (2) Construction, repairing, remodeling or demolition and grading. The erection, demolition, alteration, repair, excavation, grading, paving or construction of any building or site is prohibited between the hours of 6:00 P.M. and 7:00 A.M., Monday through Friday and during all hours on Saturdays, Sundays and Federal Holidays. Trucks, vehicles and equipment that are making or are 10 11 12 13 i4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1143 Alternative I Page 2 involved with material deliveries, loading or transfer of materials, equipment service, maintenance of any devices or appurtenances to any construction project in the City shall not be operated on said sites outside of the approved hours for construction activity. exception: Construction activities may be permitted outside of those limitations identified in this subsection in the case of urgent necessity or upon a finding that such approval will not adversely impact adjacent properties and the health, safety and welfare of the community if a temporary exception is granted in writing by the~ Building Official for private property or by the Director of Public Works for public properties or their authorized representatives. All temporary waiver requests shall be made in writing and shall include the specific times, dates and locations requested and a description of the type of activity that is proposed. In granting a temporary exception, conditions may be imposed on construction activities to protect the health, safety and welfare of.the community. Any approval granted may be summarily revoked by the Building Official or Director of Public Works at the sole discretion of each official. Notice of such revocation shall be provided to the requestor, Police Department and project file. (3) Pile drivers, hammers, etc. the operation of a pile driver, power shovel, pneumatic hammer, grading and excavating machinery, paving equipment, or other appliance, the use of which is attended by loud or unusual noise is prohibited between any and all hours on Saturdays, Sundays, and Federal Holidays and between the hours of 6:00 P.M. and 7:00 A.M., Monday through Friday. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1143 Alternative I Page 3 exception: In the case of urgent necessity and upon a finding that such approval will not adversely impact adjacent properties and the health, safety and welfare of the community, the above regulations may be modified in writing by the Public Works Director for public property and by the Building Official for private property or their respective authorized representatives. All temporary waiver requests shall be made in writing and shall include the specific times, dates and locations requested and a description of the type of activity that is proposed. In granting a temporary exception, conditions may be imposed on construction activities to protect the health, safety and welfare of the community. Any approval granted may be summarily revoked by the Building Official or Director of Public Works at the sole discretion of each official. Notice of such revocation shall be provided to the requestor, Police Department and project file. Section 2. Article 4, Chapter 6, Section 4617, Subsection (e) of the Tustin City Code, is hereby repealed in its entirety. A new subsection (e) of Section 4617 is added to read as follows: "(e) Section 4617 Exemptions Noise sources associated with construction, repair, remodeling, or grading of any real property between the hours of 7:00 A.M. and 6:00 P.M. Monday through Friday excluding Federal Holidays." 10 11 12 ~3 14 15 16 17 18 19 20 21 22 23 24 25 27 28 Ordinance No. 1143 Alternative I 1 Page 4 Section 3. Severability Ail of the provisions of the ordinance shall be construed and applied together in order to accomplish the purpose of these regulations. If any provision of this part is held by a'court to be invalid or unconstitutional, such invalidity or unconstitutionality shall apply only to the particular facts, determinations and part of this Ordinance, or if a provision is declared to be invalid or unconstitUtional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 6th day of February, 1995. THOMAS R. SALTARELLI Mayor MARY WYNN City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR ORDINANCE NO. 1143 MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify "that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1143 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 6th day of February, 1995, by the following vote: COUNCILMEMBERAYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBERABSENT: Mary E. Wynn, City Clerk AL TERNA TE II ALTERNATIVE II 4616 SPECIFIC DISTURBING NOISES PROHIBITED It shall be unlawful for any person to make, continue, cause to allow to be made or continued for any amount of time the following acts and things "'~-..~.. ~-^~ ~-~ ......... ~~ vf thc ~ .... ~ ~ .... ~ ~ S~-t~^~~v.n~- =~=~"~ .... ~..~ =~-~,~"= ~-~ which are hereby declared to be unnecessary, excessive and annoying in violation of this Article: (1) Loudspeakers ~ Amplifiers ~i~ for Advertising. The using, operating or permitt~:~:::::::~to be played, used, or operatc~ of any radio receiving set, musical instrume~'~¥'phonograph, loudspeaker, sound amplifier, or other machine or device for the ~roducin~ or re~roducin~ ~!:::i:::!::i!!i:~ ......... ii!i::i:::!:::!::: ! ........ !.i ....... P P Or ~he"purp0se of ~8'~rcial advertising or attracting the attention of the public to any commercial building or structure. PAGE 2 Alternative II PAGE 3 Alternatlve II 4617 EXEMPTIONS (e) 1 ALTERNATIVE II 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1143 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF ARTICLE 4 OF THE TUSTIN CITY CODE, HEALTH AND SANITATION The City Council of the City of Tustin finds and determines as follows: ae Noise associated with commercial construction activity can be detrimental to the public health, welfare and safety. Be Uncontrolled commercial construction noise is contrary to the public interest and the quiet enjoyment of residential homes. C The control of commercial construction noise is in the public interest. NOW, THEREFORE, the City Council of the City of Tustin does hereby ordain as follows: Section 1. Article 4, Chapter 6, Section 4616 of the Tustin City Code is hereby repealed in its entirety. A new Section 4616 is added to read as follows: "Section 4616 Specific Disturbing Noises Prohibited It shall be unlawful for any person to make, continue, cause to allow to be made or continued for any amount of time the following acts and things which are hereby declared to be unnecessary, excessive and annoying in violation of this article: (1) Loudspeakers or Amplifiers used for Advertising. The using, operating or permitting to be played, used, or operating of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound in excess of the levels described in Sections 4614 and 4615 which sound is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any commercial building or structure. 10 11 12 13 ~4 15 16 17 18 19 20 21 22 23 24 25 26 28 Ordinance No. 1143 Alternative II Page 2 (2) Construction, repairing, remodeling or demolition and grading. The erection, demolition, alteration, repair, excavation, grading, paving or construction of any building or site is prohibited between the hours of 6:00 P.M. and 7:00 A.M., Monday through Friday and 6:00 P.M. and 9:00 A.M. on Saturdays and during all hours Sundays and Federal Holidays. Trucks, vehicles and equipment that are making or are involved with material deliveries, loading or transfer of materials, equipment service, maintenance of any devices or appurtenances to any construction project in the City shall not be operated on said sites outside of the approved hours for construction activity. exception: Construction activities may be permitted outside of those limitations identified in this subsection in the case of urgent necessity or upon a finding that such approval will not adversely impact adjacent properties and the health, safety and welfare of the community if a temporary exception is granted in writing by the Building Official for private property or by the Director of Public Works for public properties or their authorized representatives. All temporary waiver requests shall be made in writing and shall include the specific times, dates and locations requested and a description of the type of activity that is proposed. In granting a temporary exception, conditions may be imposed on construction activities to protect the health, safety and welfare of the community. Any approval granted may be summarily revoked by the Building Official or Director of Public Works at the sole discretion of each official. Notice of such revocation shall be provided to the requestor, Police Department and project file. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1143 Alternative II Page 3 (3) Pile drivers, hammers, etc. the operation of a pile driver, power shovel, pneumatic hammer, grading and excavating machinery, paving equipment, or other appliance, the use of which is attended by loud or .,unusual noise is prohibited between any and all hours on Sundays and Federal Holidays, between the hours of 6:00 P.M. and 7:00 A.M., Monday through Friday, and between 6:00 P.M. and 9:00 A.M. on Saturdays. exception: In the case of urgent necessity and upon a finding that such approval will not adversely impact adjacent properties and the public health, safety and welfare of the community ,~. the above regulations may be modified in writing by the Public Works Director for public property and by the Building Official for private property or their respective authorized representatives. All temporary waiver requests shall be made in writing and shall include the specific times, dates and locations requested and a description of the type of activity that is proposed. In granting a temporary exception, conditions may be imposed on construction activities to protect the health, safety and welfare of the community. Any approval granted may be summar i ly revoked by the Building Official or Director of Public WOrks at the sole discretion of each official. Notice of sUch revocation shall be provided to the requestor, Police Department and project file. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1143 Alternative II 1 Page 4 Section 2. Article 4, Chapter 6, Section 4617, Subsection (e) of the Tustin City Code, is hereby repealed in its entirety. A' new subsection (e) of Section 4617 is added to read as follows: "(e) Section 4617 Exemptions Noise sources associated with construction, repair, remodeling, or grading of any real property between the hours of 7:00 A.M. and 6:00 P.M. Monday through Friday and the hours of 9:00 A.M. and 6:00 P.M. on Saturdays, excluding Federal Holidays." Section 3. Severability · All of the provisions of the ordinance shall be construed and applied together in order to accomplish the purpose of these regulations. If any provision of this part is held by a court to be invalid or unconstitutional, such invalidity or unconstitutionality shall apply only to the particular facts, determinations and part of this Ordinance, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. PASSED.AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 6th day of February, 1995. THOMAS R. SALTARELLI Mayor MARY WYNN City Clerk ALTERNATE I!1 4616 SPECIFIC DISTURBING NOISES PROHIBITED ALTERNATIVE III It shall be unlawful for any person to make, continue, cause to allow to be made or continued for any amount of time the following acts and things '::hick arc -'~ cxcc~s A~ .............. ~If, and which are hereby declared to be unnecessary, excessive and annoying in violation of this Article: (1) Loudspeakers ~ Amplifiers ~ for Advertising. The using, operat~:~:~ or permit~:{~:~:~ to be played, used, or operating of an~"¥~dio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machin~ or device for the producin~ or. repro~ucin~ of :~::~:::::~:~:~ose of ':~::~:~rcial advertisins or attractins the attention of the public to any commercial building or structure. .. . . 2 C~..St.~ct~ ~ ~- ~ ~-~ ' .......... = .......... ='' ............. , ........... cr rcpaiz ....... ~ ............... i ~, .... , · ~,~ ~ ~ . ....... ~ ....... may ~ - ....... ~ ~- p i d ( ~ ...... ~ COO '"hi~ ~ ~ ..... ...... ~ ............ ~ all ~ ....... o~.._~ ........ ~ permission ~ ...... ~ ..... ~- wi ........ and ~ .............. any and ........... ~ m ..... ~ t for Alternative III PAGE 2 Alternative III PAGE 3 Alternative III PAGE 4 4617 EXEMPTIONS (e)~,~i~~ · 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ORDINANCE NO. 1143 ALTERNATE III AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF ARTICLE 4 OF THE TUSTIN CITY CODE, HEALTH AND SANITATION The City Council of the City of Tustin finds and determines as follows: A, Noise associated with commercial construction activity can be detrimental to the public health, welfare and safety. B · Uncontrolled commercial construction noise is contrary to the public interest and the quiet enjoyment of residential homes. C. The control of commercial construction noise is in the public interest. · NOW, THEREFORE, the City CounCil of the City of Tustin does hereby ordain as follows: Section 1. Article 4, Chapter 6,~ Section 4616 of the Tustin City Code is hereby repealed in its entirety. A new Section 4616 is added to read as follows: "Section 4616 Specific Disturbing Noises Prohibited It shall be unlawful for any person to make, continue, cause to allow to be made or continued for any amount of time the following acts and things which are hereby declared to be unnecessary, excessive and annoying in violation of this article: (1) Loudspeakers or Amplifiers used for Advertising. The using, operating or permitting to be played, used, or operating of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound in excess of the levels described in Sections 4614 and 4615 which sound is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any commercial building or structure. 28 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1143 Alternative III Page 2 (2) Construction, repairing, remodeling or demolition and grading. The erection, demolition, alteration, repair, excavation, grading, paving or construction of any building or site is prohibited between the hours of 6:00 P.M. and 7:00 A.M., Monday through Friday, 6:00 P.M. and 9:00 A.M. on Saturdays and during all hours on Sundays and Federal Holidays. Saturday work permitted between the hours of 9:00 A.M. and 6:00 P.M. shall not include grading, framing or the use of stucco guns. Trucks, vehicles and equipment that are making or are involved with material deliveries, loading or transfer of materials, equipment service, maintenance of any devices or appurtenances to any construction project in the City shall not be operated on said sites outside of the approved hours for construction activity. exception: Construction activities may be permitted outside of those limitations identified in this subsection in the case of urgent necessity or upon a finding that such approval will not adversely impact adjacent properties and the health, safety and welfare of the community if a temporary exception is granted in writing by the Building Official for private property or by the Director of Public Works for public properties or their authorized representatives. All temporary waiver requests shall be made in writing and shall include the specific times, dates and locations requested and a description of the type of activity that is proposed. In granting a temporary exception, conditions may' be imposed on construction activities to protect the health, safety and welfare of the community. Any approval granted may be summarily revoked by the Building Official or Director of Public Works at the sole discretion of each official. Notice of such revocation shall be provided to the requestor, Police Department and project file. Ordinance No. 1143 Alternative III Page 3 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 28 (3) Pile drivers, hammers, etc. the operation of a pile driver, power shovel, pneumatic hammer, heavy equipment or machinery, paving equipment, or other appliance, the use of which is'attended by loud or unusual noise is prohibited between any and all hours on Saturdays, Sundays, and Federal Holidays and between the hours of 6:00 P.M. and 7:00 A.M. Monday through Friday. ' exception: In the case of urgent necessity and upon a finding that such approva'l will not adversely impact adjacent properties and the health, safety and welfare of the community, the above regulations may be modified in writing by the Public Works Director for Public property and by the Building Official for private property or their respective authorized representatives. All temporary waiver requests shall be made in writing and shall include the specific times, dates and locations requested and a description of the type of activity that is proposed. In granting a temporary exception, conditions may be imposed on construction activities to protect the health, safety and welfare of the community. Any approval granted may be summarily revoked by the Building Official or Director of Public Works at the sole discretion of each official. Notice of such revocation shall be provided to the requestor, Police Department and project file. .Section 2~ Article 4, Chapter 6, Section 4617, Subsection (e) of the Tustin City Code, is hereby repealed in its entirety. A new subsection (e) of Section 4617 is added to read as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1143 Alternative III Page 4 "(e) Section 4617 EXEMPTIONS Noise sources associated with construction, repair or remodeling of any real property between the hours of 7:00 A.M. and 6:00 P.M. Monday through Friday excluding Federal Holidays and 9:00 A.M. and 6:00 P.M. on Saturdays exception: Grading, framing, and stucco application are prohibited on Saturdays. Section 3. Severability Ail of the provisions of the ordinance shall be construed and applied together in order to accomplish the purpose of these regulations. If any provision of this part is held by a court to be invalid .or unconstitutional, such invalidity or unconstitutionality, shall apply only to the particular facts, determinations and part of this Ordinance, or if a provision is declared to be invalid or unconstitutional as applied to a 1 1 facts, all of the remaining provisions of this ordinance shall continue to be fully effective. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 6th day of February, 1995. THOMAS R. SALTARELLI Mayor MARY WYNN City Clerk