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Home My WebLink About14 NOISE ORD AMEND 06-16-03AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director 14 MEETING DATE: JUNE 16, 2003 TO: WILLIAM HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 03-004 - NOISE ORDINANCE AMENDMENT SUMMARY Code Amendment 03-004 is an amendment to Chapter 6 of Article 4 of the Tustin City Code relating to noise control. The proposed amendment would establish interior and exterior noise standards for mixed use properties. Applicant: City of Tustin Community Development Department RECOMMENDATION That the City Council introduce and have the first reading of Ordinance No. 1277, approving Code Amendment 03-004, and set for second reading at the Council's next scheduled meeting. FISCAL IMPACT Code Amendment 03-004 is a City-initiated project. The proposed amendment would amend the City's noise control standards. There are no direct fiscal impacts associated with the proposed code amendment. ENVIRONMENTAL The proposed code amendment is not considered a "project" pursuant to Section 15378 of the California Environmental Quality Act because it does not have the potential for resulting in physical changes in the environment, directly or ultimately. DISCUSSION Chapter 6 of Article 4 of the Tustin City Code contains the City's noise standards. Chapter 6 of Article 4 was last revised in 1980 and does not include standards for mixed use properties. City Council Report Code Amendment 03-004 June 16, 2003 Page 2 The Community Development Department has developed the updated provisions that amend Chapter 6 of Article 4. The proposed updated noise provisions are included in draft Ordinance No. 1277. Proposed Provisions The proposed ordinance would establish interior and exterior noise standards for mixed use properties. A mixed use property would be defined as a parcel of property which is developed and zoned either in part or in whole for residential and commercial and/or light industrial purposes. The exterior noise standard for mixed use properties would be 60 decibels, which is consistent with the exterior noise standard for commercial properties. The interior noise standard for residential uses would be 55 decibels from 7:00 a.m. to 10:00 p.m. and 45 decibels from 10:00 p.m. to 7:00 a.m. The proposed interior noise standard would only apply to residential uses on mixed use properties and would be consistent with existing standards for residential properties. No changes are proposed to the interior or exterior noise standards for residential, commercial, or industrial properties. The proposed code amendment is necessary because there are no existing noise standards for mixed use properties and the enforcement of noise standards may be necessary in future mixed use developments. FINDINGS Findings to support the proposed amendments are as follows: The code amendment would protect the public health, safety, and welfare of the City of Tustin; assure a safe, healthy, and aesthetically pleasing community for residents and businesses; and incorporate noise considerations into land use planning decisions in that the proposed revisions will establish interior and exterior noise standards for mixed use properties that could be enforced to prohibit the generation of obtrusive noise levels from various sources. Scott Reekstin Senior Planner Elizabeth A. B'in~'a~:k Community Development Director ccreport\CA 03-004 Noise Ordinance Amendment.doc Attachments: Ordinance No. 1277 ORDINANCE NO. 1277 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 4612, SUBSECTION (a) OF SECTION 4614, AND SECTION 4615 OF THE TUSTIN CITY CODE, AND ADDING SUBSECTION (e) TO SECTION 4613 OF THE TUSTIN CITY CODE, ESTABLISHING NOISE STANDARDS FOR MIXED USE PROPERTIES. The City Council of the City of Tustin ordains as follows: S_ectJQ~3_~. The City Council finds and determines as follows: A, An amendment to Chapter 6 of Article 4 of the Tustin City Code related to noise control has been prepared to establish interior and exterior noise standards for mixed use properties. Bo There is no possibility that this proposed amendment of the Tustin City Code may have a significant effect on the environment and therefore this proposed amendment is not subject to the California Environmental Quality Act pursuant to 14 Cal. Code of Regs Section 15061 (b)(3). C, The proposed amendment is reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Tustin. Do The proposed amendment is consistent with the Tustin General Plan in that the amendment complies with Goal 4 of the Land Use Element to assure a safe, healthy, and aesthetically pleasing community for residents and businesses, and with Goal 2 of the Noise Element to incorporate noise considerations into land use planning decisions in that the proposed revisions will establish interior and exterior noise standards for mixed use properties that could be enforced to prohibit the generation of obtrusive noise levels from various sources. .S.e.ctJ_eg_~. The following definition is added to Section 4612 of the Tustin City Code, and the numbering of the definitions modified accordingly: "Mixed use property." A parcel of real property which is developed or used for residential purposes and/or commercial purposes (including retail and wholesale businesses and professional offices) and/or manufacturing purposes (including research and development uses). Subsection (e) is added to Section 4613 of the Tustin City Code to read: (e) Noise Zone 5: All mixed use properties. Ordinance No. 1277 Page 2 (a) Subsection (a) of Section 4614 of the Tustin City Code_is amended to read: The following exterior noise standards, unless otherwise specifically indicated, shall apply to all property within a designated noise zone: Noise Zone EXTERIOR NOISE STANDARDS Noise Level 1 55 dB(A) 50 dB(A) Time Period 7:00 a.m.- 10:00 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 5 60 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). .S.e.ciJo]3~. Section 4615 of the Tustin City Code is amended to read: (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 1 55 dB(A) 45 dB(A) 7:00 a.m. - 10:00 p.m. 10:00 p.m.- 7:00 a.m. 5 (residential uses only) 55 dB(A) 45 dB(A) 7:00 a.m.- 10:00 p.m. 10:00 p.m.- 7:00 a.m. 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). Ordinance No. 1277 Page 3 (b) It shall be unlawful for any person at any location within the incorporated 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 within any other dwelling unit on any residential property or mixed use property, to exceed: (1) The interior noise standard for a cumulative period of more than five (5) minutes in any hour; or (2) The interior noise plus five (5) dB(A) for a cumulative period 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. Se. CtJQQ~_. This Ordinance shall become effective on the thirty-first day after passage. The City Clerk shall certify to the adoption of this Ordinance and cause this Ordinance to be posted at the designated posting places within the City within fifteen days after passage and adoption as may be required by law. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 7th day of July, 2003. TRACY WILLS WORLEY Mayor PAMELA STOKER City Clerk Ordinance No. 1277 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR ORDINANCE NO. 1277 PAMELA STOKER, 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. 1277 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 16th day of June, 2003 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 7th day of July, 2003 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk