HomeMy WebLinkAboutRPT 4 NOISE PROBLEMS 06-02-86DATE:
REPORTS
NO. ~4
~ -2 _~m~ , 6-2-86
Inter- Com
JUNE 2, 1986
TO:
#ILLIAH A. HUSTON, CITY NANAGER
FROM:
COBt, IUNITY DEVELOPHENT DEPAR'THENT
SUBJECT:
NOISE PROBLENS CREATED BY GRIES DYNACAST AT 2652 DOM AVENUE
RECOf~ENDAT[ON:
Receive and file.
BACKGROUND AND S~RY:
In the first week of April, 1986, the Community Development Department started
receiving complaints regarding excessive noise created by the industrial complex
south of Walnut Avenue between Franklin Avenue and Myford Road. The
complainants are residents of Tustin Meadows and no complaints have been
received from the Peppertree or Laurelwood areas.
Further investigations were made by both complainants and Community Development
Staff and the noise source was determined to be Gries Dynacast located at 2652
Dow Avenue. As with all noise problems, a formal noise reading and follow up
was conducted by Mr. Elwyn Brtckson of the Orange County Health Department.
Initial contact was mede with Mr. Sid Fisher of Gries Dynacast regarding
possible abatement of the problem. Mr. Brickson met with Mr. Fisher and the
following information was obtained in the inspection:
The noise is created by six (6) roof top exhaust fans which run at
various speeds, thereby creating a 'pulsating' type sound; and
2. The noise level measured at the roof top was 68 dB{A); and
e
The noise level measured at the property line (at Dow Avenue) was
63 dB(A); and
The noise level measured at the point closest to Gries Dynacast in
Tustin Meadows was 50 dB(A). (See Exhibit A for reading
locations.)
Mr. Brickson determined that the noise levels were not in excess of the maximum
70 dB(A) level allowed in the industrial district or the 55 dB(A) level allowed
in the residential district. Therefore, this noise source could not be
considered a violation of Tustin's Noise Ordinance.
The Community Development Department directed correspondence to Gries Dynacast
to request their assistance. Mr. Fisher agreed to take steps necesary to reduce
the noise level to eliminate the problem. On Wednesday, May 14, 1986, Mr.
Fisher informed the Community Development Department that he had
J
City Council Report
June 2, 1986
Page two
contracted to install devices which were designed to reduce the fan noise level
by [0 to 20 percent.
On Monday, May [gth, these devices were installed and on Tuesday, Hay 20th,
Mr. Brickson inspected the equipment. The recorded noise level was dropped by 8
dB(A). Therefore, the rooftop level is now approximately 53 dB(A). A reduction
of the noise level recorded in Tustin Meadows is not expected to occur due to
the distance between sites and the overall ambient noise level. Since the
installation of the noise reduction equipment, no further complaints have been
filed with the City. ~
~~ Director of Community Development
LCP:pef
Attachment:
Reading Location Map, Exhibit "A"
Noise Control Ordinance No. 828, Exhibit "B"
Corn munity Development Department
EXHIBIT ~B~'
CONTROL
EDITOR'S NOT~: 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,
Sets. 1~3; and Ord. No. 469.
4611 DECLARATION OF M3LIC¥ '
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 alt sources as specified ~n this
Chapter.
It is determined that certain noise levels are detrimental to the public heal,;a,
welfare a~zi 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 proh£btted by or not tn gonformi~y
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 DEY INIT IONS
The following words, phrases and terms as used tn this Chapter shal~ have the
meaning as indicated below:
(1) "Ambient Noise Level." The all-encompassing noise level associated
with a given envirooment, being a composite of sounds from all
sources, excluding the allesed offensive noise, at the location and
approximate time at which a comparison with the alleged offensive
noise is to be made.
(2) "A-Weishted Sound Level" (dB(A)). A quantity in decibels, read from a
standard sound-level meter that ts 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 h,~an ear at moderate sound levels.
(3) "Co~arcial 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, but excluding home occupation uses as authorized by
Ordinance No. 330.
(4) "CNEL" (Community Noise ~quivalent Level). A cumulative measure of
c~umity noise exposure for a twenty-four-hour day, using the A-
weighting sound level and expressed in logarithmic units. This CN'EL
scale takes into account the single event sound level, single event
duration, single event occurrence frequency, and the rime of the oc-
currence of the noise source. Additionally, it applies weighting
~actors which place g~eater significance on ~otse events occurring.
the nlght:[me (I0:00 p.m. to 7:00 a.m.) than on :hose during the
evening (7:00 p.m. to 10:00 p.m.) o~ day~ime (7:00 a.m. to 7:00 p.m.),
respectively.
(5) "Cumula~ive Period." An ~di:tve period of :ime composed of
individu~ rime se~en=s which may be con=ln~us or interrupted.
(6) 'Decibel" (dB). ~ uni~ which denotes ~he ra~io between ~wo (2)
q~tities which are pro~r:iou~ ~o ~wer: ~he ~ber of decibels
co~espo~ing =o =he ratio of Cwo (2) ~oun=s of power is ~e~ (10)
=~mes the logarit~ =o =he base =eh (10) of :his
(7) '~ell%ng Unit." A sia~le ~1= provldtng complete, Inde~mden= living
f~ilt=les for one (1) o= more persons tn~lu~lng pe~anen= provisions
for livin~, sleeper, ea=ln~, coo~n~ a~ sanitation.
(8) "Emergency ~chinery, .... Vehicle," or "Work." ~y machinery, vehicle
or work used, employed or peffo~ tn an error: =o protect, provide
or res=ore safe condi=ioas in =he c~i:y or for :he citizenry,
work by private or public utilt:ies when restoring u:ili=y semite.
(9) "F~e4 Noise Source." A stationary device which =rea=es sounds while
fixed or mocto~ess including, bur ~o= limited =o, l~us:rtal an~
mercial machinery and equi~en=, 9~ps, fa~, c~ressors, genera=ors
(i0) "GradinS." Any ~c~a=in~ or ~[llin~ of ear:h material, or any
benetton thereof, co~Ced at a site to prepare said si=e for con-
str~tion or other ~prov~ents thereon.
(11) 'Impact Noise." ~e noise produc~ by the collision of one (1) mess in
motion ~th a second mass which ~a7 be either In motion or at rest.
(12) "~dustrial Property." A parcel of real property which is developed
and zo~ either in part or In w~le ~or manufacturin~ purposes,
includin~ re,arch and 4evelo~en= uses, but eXcludia8 home occupation
cases as authorized by Ordinate No. 330.
(13) "~bile Noise Source." Any noise source o~her than a fixed
SOUrCe,
(~) 'No~se Level." The "~' =e~h=ed s~.~d ~=ess~=e le, el ~n ~ec~bels
o~ ~e.~=me~= shall ~e ~es~=e~ as ~(a).
appoin~ by =he ~a=d o~ Supe~tso=s of =he Co~y of Orange, per Ti-
=7 of 0=a~e.
co=potation o= an7 enC~Cy, public o= 9r~va=e ~n ~a~e.
(~7) 'aes~aen=~al ?=ope=~y." A ~a:~el o~ =eel ~=o~e=~y ~hi~h ~s ~evelo~ed
=~n Craasten= uses such as ho=els and mocels.
(~8) 'Sim~e Tone ~oise.'* A ~oise cha=ac=e=~ze~ ~7 a ~=ed~i~an= ~=e~ue~cy
(ZP) 'So~ Level Me=e=.' A~ ~ns~=~en= ~ee=~n~ american ~a=io~ ~=a~a=d
I~s=~=u=e's S~an~a=~ ~.a-~971 ~o= Type ~ o= Type 2 so~n~ level
which w~ll ~=~i~e e~vale~C ~a=a.
(¢) In the event the ambient noise level exceeds any of the first four
noise limit categories above, the cumulative period 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 categor? shall be increased to reflect the maximum ambi-
ent noise level. (Ord. No. 828, Sec. i, 7-21-80; Ord. No. 845, Sets. 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
55 dB(A)
45
7:00 a.m.--10:00 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 ur~lawful 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 :he foregoing causes the noise level, when measured wi:bin any
other dwelling unit on any residential property, to exceed:
(1) The interior noise standard for a cumulative period of more than five
(5) m{nutes 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 tn any hour; or
(3) The interior noise standard plus ten (I0) dB(A) for any period of
time.
(c) In the event :he ambient noise level exceeds either of the firs: two
(Z) noise limit categories above, the cumulative period applicable to said
cat6gory 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 SPECI3IC 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 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:
(1) 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 the producing or reproducing of sound which is
(20) "Sound Pressure Level" of a sound, in decibels, shall mean twenty (20)
rimes the logari:hm :o :he base ten (i0) of the ratio of :he pressure
of the sound :o a reference pressure, which reference pressure shall
be explicitly s:ated. (Ord. NO. 828, Sec. l, 7-21-80; Ord. No.
Sets. I--3, 5-15-81)
4613 DESI~LATEO NOISE ZONES
The properties hereinafter described are hereby assigned :he following noise
zones:
(a)
Noise Zone 1: All residential properties.
Noise Zone 2: ~1 commercial proper:les.
Noise Zone 3: All i:~ustrial properties.
Noise Zone 4: All spe~ia~ proper:les such as hospitals, convalescen:
homes, public and institutional schools, libraries and churches.
(Ord. No. 828, Sec. i, 7-21-80)
4614 EXTERIOR NOISE STANDARDS
(a) The followin& noise standards, u~less otherwise specifically
~ndicated, shall apply to all proper~y wi:hin a designs:ed noise zone:
Noise $:andards
Noise Zone
1
NoiSe Level
55 dB(A)
50 dB(A)
60. dB(A)
Time period
7:00 a.m.--lO:O0 p.mo
10:00 p.m.~ 7:00 a.~.
any rime
3 70 dB(A) any time
4 55 dB(A) any rime
In the event :he alleged offensive noise consists of impact noise, simple :one
noise, speech, music, or any combine:ion thereof, each of the above noise levels
shall be reduced by five (5) dB(A).
(b) It sh~ll be unlawful for any person at any location within :he 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 :he noise level, when measured on any other
property to exceed:
(1) The noise standard for a cumulative peripd of more than thirty (30)
minutes in any hour; or
(2) The noise standard plus five (5) db(A) for a cumulative period of ~ore
than fifteen (15) minu~es 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 fif:een (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 rime.
case u~on Che public scrse=s for =he purpose of commercial advertising
or a==racting the at=en=io~ of =he public =o an7 commercial
(2) Cons~ruc~ion or ~epairin~ of Buildin~s. ~e erec~o~ (lncludlnE ex-
~avaCin~), ~oll~ion, ~Ceratlon or repair of any buildin~ ocher
=~n be~een =he hours of 7:00 a.m. a~ 6:00 p.m. on week~ays~
in case of ur~en~ necesslCy in the inCeresC of public he,ch and
safe=7, and ~hen only wi=h a 9e~it from =he bui[din~ official, which
pemi= ~7 Be ~ran=~ for a period ~o~ =o exce~ th=em (3) days or
less while =he ~er~enc7 coa=i~ues and which ~l= may be renewed for
a 9eri~ of =~ee (3) days or less while ~he ~er~ency continues.
~ buildtn~ official should 4e~e~ine =ha= =he ac=tv~=y ~11 be In
subs=an=l~ confo~ance ~=h =he in=mn= of =his Chap=er and =~= =he
public ~th a~ safe=y ~11 no= Be lmpaire~ By the erec~ion, d~o-
li=lon, ~=era=lo~ or cepair of ~y buildl~ or =he ~cava=lon of
s=ree=s a~ ~$hwa7s within =he hours of 6:00 ~.m. and 7:00 a.m. and
Be=ween any a~ all ~urs on $a=urdays and S~days, he may ~ra~= per-
mission for such work ~o Be done ~=hin =he hours of 6:00 p.m. and
7:00 a.m. a~ ~=';een any and all hours on Sa=urdays and Sundays,
ap9lica=%on bein~ m~e at =he rime ~he peri= fo~ =he work Is awarded
or durin~ ~hm proSress of =he work.
(3) Pile Dr%vets, ~mmers, e~c. ~e opera=ion between the hours of 6:00
p.m. and 7:00 a.m. of any pile driver, s=e~ or ~asoline shovel, pneu-
ma2ic ~er, ~e~rick, s=e~ or elec=r~c ~is= or ocher appliance, the
use of which Is a=:en4~ ~ lo~ or unusu~ noise. (Ord. No. 828,
Sec. ~, 7-21-80; Ord. No. 8&5, Sec. 7, 5-18-81)