HomeMy WebLinkAboutORD 1277 (2003)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:
Section 1. 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.
B. 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.
D. 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.
Section 2. 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).
Section 3. Subsection (e) is added to Section 4613 of the Tustin City Code to
read:
(e) Noise Zone 5: All mixed use properties.
Section 4. Subsection (a) of Section 4614 of the Tustin City Code is amended
to read:
(a) The following exterior noise standards, unless otherwise specifically
indicated, shall apply to all property within a designated noise zone:
EXTERIOR NOISE STANDARDS
Noise Zone Noise Level Time Period
1 55 d6(A) 7:00 a.m. - 10:00 p.m.
50 dB(A) 10:00 p.m. - 7:00 a.m.
Ordinance No. 1277
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2 60 dB(A) any time
3 70 d6(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) d6(A).
Section 5. 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) 7:00 a.m. - 10:00 p.m.
45 dB(A) 10:00 p.m. - 7:00 a.m.
5 (residential uses only) 55 d6(A) 7:00 a.m. -.10:00 p.m.
45 d6(A) 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).
(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.
Section 6. 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.
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TRACY W S WORLEY
Mayor
Ordinance No. 1277
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PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
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: Bone, Davert, Kawashima, Thomas, Worley (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
PAMELA OKE
City Clerk
Ordinance No. 1277
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