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Home My WebLink About3.4Item 3.4 TOWN OF LOS ALTOS HILLS March 3, 2011 Staff Report to the Planning Commission SUBJECT: AMENDMENT TO MUNICIPAL CODE TITLE 5, CHAPTER 2, NOISE ORDINANCE FROM: Brian Froelich, AICP, Associate Planner APPROVED BY: Debbie Pedro, AICP, Planning Director RECOMMEENDATION: That the Planning Commission: . Review the staff report and attached ordinance and forward a recommendation to the City Council to adopt a resolution approving the proposed amendments to Los Altos Hills Municipal Code Title 5, Chapter 2 Noise. BACKGROUND The General Plan's Noise Element was adopted on November 8, 2007 and includes two programs (1.1 and 1.4) that call for an update and clarifications to the Town's Noise Ordinance. The Town has engaged the services of Charles Salter and Associates, Acoustical Engineers to assist with the technical aspects of this project. Program 1.1 Update the Noise Ordinance to provide for clear interpretation of the regulations and effective enforcement of appropriate standards based on the A - weighted scale in order to protect residents from unwanted noise, thereby ensuring their continued enjoyment of the quiet, peaceful community envisioned in the Introduction to the General Plan. Program 1.4 Continue to prohibit the location of heating, ventilating and air conditioning (HVAC) equipment, pool equipment, pumps and similar equipment in setbacks. Develop siting and noise attenuation standards for HVAC equipment, pool equipment, pumps and similar equipment. Standards should be more stringent for these types of equipment that produce continuous noise than for sources that emit noise occasionally. DISCUSSION Beyond the updating and clarification of language, the substantive changes can be summarized in four categories: - Removal of Aircraft and Motor Vehicles (when operated on public streets and highways) noise standards from the Ordinance. The FAA and California Vehicle Staff Report to the Planning Commission Noise Ordinance March 3, 2011 Page 2 of 2 Code regulate noise output from these sources. A local noise regulation is unenforceable. Change from the "C" network and F (fast) sub network to "A" network and S (slow) sub network. Program 1.1 calls for this change and the A -weighting scale more closely corresponds to the frequency response of human hearing than the C - weighting scale. A -weighted sound levels are considered a better indicator of loudness than C -weighted sound levels. Further, sound data provided by manufacturers of mechanical equipment -and other noise -generating equipment is typically provided in terms of A -weighted decibels. The switch from the "Fast" to the "Slow" response is. based upon the applicable national and international standards (e.g., ASTM, ISO); the "Slow" weighting is recommended when measuring noise levels from mechanical (and similar) equipment. New language noting that roof mounted HVAC, pool equipment, and generators may be required to be enclosed, baffled, or housed. This type of equipment also cannot be located within the setbacks. Program 1.4 calls for the Noise Ordinance to be amended to address siting and attenuation for these types of installations. • Modify the definition of "daytime" and "nighttime". Daytime currently is from 7:00 a.m. and ends at sunset based on Pacific Standard or Daylight Savings time. The proposed change is for "-daytime" to be 7:00 a.m. to 7:00 p.m. regardless of sunset times. This simplification is for understanding and enforcement purposes. CONCLUSION The scale of measurement changes will allow the Town's noise standards to be consistent with manufacturer's specifications and industry standards for fixed noise source installations. Siting standards for fixed noise sources and attenuation requirements for roof mounted installations is intended to address common complaints related to residential neighborhood noise. The Draft Ordinance removes dated language and is condensed and simplified. CEQA STATUS . The proposed application is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of the CEQA Guidelines. ATTACHMENTS 1. Proposed amendments to the Los Altos Hills Municipal Code Sections 5-2.01 through 5-2.07 (Noise Ordinance) ATTACHMENT 1 TITLE 5 PUBLIC WELFARE, MORALS AND CONDUCT, CHAPTER 2 NOISE Proposed language underlined Chapter 2 NOISE 5-2.01 Definitions. For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: Animal means a quadraped k ' retained by and asseeiated with a dwelling or -*i. 7 the�esf any animal, mammal, bird, reptile, fish or any other dumb creature or any live vertebrae creature other than a human being. A -weighted sound level means the sound pressure level in decibels as measured on a sound level meter using the A -weighted network. The A -weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human ear and gives a good correlation with subiective reactions to noise. Also referred to as "sound level" in this document. Decibel (dB) means the unit of measurement for sound pressure level. dBA means the A -weighted unit of sound pressure level Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate actions. Farm tractor means a tractor which may be used on a highway to draw a farm trailer carrying product or carrying other implements of husbandry between farms or to a processing or handling point and returning with or without the trailer, but which otherwise is itself an implement of husbandry. implement of husbandFy Farm Equipment means a device which is used exclusively in the conduct of agricultural operations, including devices such as power saws, lawn mowers, pump motors, air compressors, or similar power -driven devices used in connection with . r-eeipmeating engines, &ed er- r-etar-y wing, g all modes pf eperatien, �� as taking gliders. Animal means a quadraped k ' retained by and asseeiated with a dwelling or -*i. 7 the�esf any animal, mammal, bird, reptile, fish or any other dumb creature or any live vertebrae creature other than a human being. A -weighted sound level means the sound pressure level in decibels as measured on a sound level meter using the A -weighted network. The A -weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human ear and gives a good correlation with subiective reactions to noise. Also referred to as "sound level" in this document. Decibel (dB) means the unit of measurement for sound pressure level. dBA means the A -weighted unit of sound pressure level Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate actions. Farm tractor means a tractor which may be used on a highway to draw a farm trailer carrying product or carrying other implements of husbandry between farms or to a processing or handling point and returning with or without the trailer, but which otherwise is itself an implement of husbandry. implement of husbandFy Farm Equipment means a device which is used exclusively in the conduct of agricultural operations, including devices such as power saws, lawn mowers, pump motors, air compressors, or similar power -driven devices used in connection with agricultural operations, but not including vehicles which are designed primarily for the transportation of persons or property on a highway. Fixed noise source means a stationary device which creates sound while fixed or motionless, including, but not limited to pumps, fans, compressors, air -conditioners, pool equipment, generators, and refrigeration equipment. Machine, tool, or appliance means every machine, motor, device, or equipment, powered or unpowered, including, without limitation, such normally employed to fabricate, clean, or modify other items, and including any device (other than an implement ef husbandfy farm equipment and on permitted construction sites), such as power saws, routers, drills, hoists, mixers, sanders, cleaners, grinders, jacks, pumps, generators, and the like. Motor vehicle means a vehicle which is self-propelled (including motorcycles, motor - assisted bicycles, motor -driven cycles, and powered motor vehicles) as defined in the Vehicle. Code of the state including all on -hi lg iway type motor vehicles subject to registration under said Code and all off-highway MMmotor vehicle subject to identification under said Code. Person means and includes every human being, whether adult, minor, or infant. When a group of persons acts in unison to create noise, each individual shall be deemed as responsible as though solely the principal producing the resultant noise. _ Powered model vehicle means any self-propelled, airborne, waterborne, or landborne plane, vessel, or vehicle which is not designed to carry persons, including but not limited to any model airplane, boat, car or rocket. Sound -producing deviee or amplifying device means r � r r .,,r skew,higher- levels- iffin OR _�J img, ut limitafieR, publie address systems, musie amplifier -s, hems, whistles, 1+ 71 , d exp (§ 1, Or- 181, ., amended by §§ 1' 2 and ✓, viu 249) :y device for the creation or amplification of the human voice music, or any other sound. Examples include, without limitation, public address systems music amplifiers, horns, sirens, whistles, bells, and drums. 5-2.02 Standards. The b ed following standards are established to be applicable to the classifications indicated when measured as follows: (a) Use a standard noise level meter as prescribed by ANSI -SIA. All measurements will be taken with the meter switched to the weighting network labeled "Gn "A" and to the F 02mo sub „et„^. -k "Slow" time averaging. (b) When the source is on private property, measurements shall be made at any location on or beyond the property boundary. CA M (c) When the source is on public property, measurements shall be made fifty (50) feet from the source or at the private property line, whichever is closer. (d) Vehicles on public streets and highways within the Town shall conform to the noise emission standards prescribed for them by the Vehicle Code of the State. (§ 3 and 5 Ord 181) (e) Fixed noise source installations shall conform to applicable setback standards Additional noise attenuation such as: enclosure, baffling or housing may be required for roof mounted installations to meet the standards in subsection (g) below. (g) No person shall act or operate any device defined in the following table: Noise Sources Exterior Noise Level Standard dBA Daytime Nighttime A4waf tA 60 30 Animals 50 40 Farm tractor 82 40 implements of husbandry Farm E ui ment 65 40 Fixed Noise Source 50 40 Machines, tools or appliances 50 40 Moto les 82 70 Meter-uehiele , medeg� 92 40 Persons 50 40 Powered model vehicle 60 40 Sound -producing or am li device 50 40 For the purposes of enforcing the provisions of this chapter, "daytime" shall be the period from 7:00 a.m. to 7:00 p.m. sunset, ' , and "nighttime" shall be the period from 7:00 p.m. to 7:00 a.m. unset te��9 a.m., in Pacific Standard Time or Daylight Saving Time as then in effeet, ef the next sueeeeding day. (§ § 2 and 4, Ord. 18 > as amended by § 4, 3 W-- 3 It 7 Effeetive Date ISA-pr-il 1971 P-ersem aIS Setad-r-edueiAg deN� Mels, and 5-2.05 5-2.03 Conflicts with other laws. The provisions of this chapter shall not be deemed to supersede or repeal other existing laws which are designed to control public nuisances or disturbances, such as noise. (§ 9, Ord. 181) 506 5-2.04 Public nuisances. Each violation of the provisions of this chapter shall constitute a public nuisance and shall be subject to abatement as such. (§ 8, Ord. 18.1) 5-2.07 5-2.05 Emergency exemption. The provisions of this chapter shall not apply to: 4 (a) The emission of sound for the purpose of alerting persons to the existence of an emergency; or (b) The emission of sound in the performance of emergency work. (§ 5, Ord. 249) (c) Noise from equipment used during emergencies. 5