Article 5 — Noise Standards

The purpose of this article is to establish standards in order to protect the health, safety, welfare and living/working environments of those living and working in the City. (§ 1, Ord. 666-NS, eff. September 15, 2001)

Certain noise levels are detrimental to the health and safety of individuals. Noise is considered a public nuisance and the City discourages unnecessary, excessive or annoying noises from all sources. (§ 1, Ord. 666-NS, eff. September 15, 2001)

The Noise Element of the General Plan provides criteria on the compatibility of specific categories of land uses and noise levels within the community. The purpose of the noise compatibility criteria is to identify potential conflicts between new development projects and the existing noise environment. The Noise Element should be consulted during the project formulation stage in order to determine the compatibility between the proposed land use, the proposed site and the surrounding neighborhood. (§ 1, Ord. 666-NS, eff. September 15, 2001)

It shall be unlawful for any person to willfully make or continue, or willfully cause to be made or continue, any loud, unnecessary or unusual noise that disturbs the peace or quiet of any neighborhood or constitutes a public nuisance.

(§ 1, Ord. 666-NS, eff. September 15, 2001)

The standards which may be considered in determining whether a violation of the provisions of this article exists shall include, but not be limited to, the following:

1. The loudness of the noise;

2. The purpose for which the noise is produced;

3. Whether the nature of the noise is usual/natural or unusual/unnatural;

4. The proximity of the noise to residential sleeping facilities;

5. The time of the day or night the noise occurs;

6. The duration of the noise and whether the noise is recurrent, intermittent or continuous; and

7. Whether the noise is produced by a residential or nonresidential activity. (§ 1, Ord. 666-NS, eff. September 15, 2001)

The following activities shall be exempted from the provisions of this article:

1. Activities conducted on the grounds of any public or private nursery school, elementary, intermediate or secondary school or college;

2. Outdoor gatherings, public dances and shows, provided the events are conducted in compliance with a permit issued by the City;

3. Activities conducted in any park or playground, provided the park or playground is owned and operated by a public entity;

4. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work;

5. Noise sources associated with construction, repair, remodeling or grading of any real property, provided the activities do not take place between the hours of 7:00 p.m. and 7:00 a.m. on weekdays, including Saturdays, or at any time on Sundays or Federal holidays;

6. Noise sources associated with the maintenance of real property, provided the activities do not take place between 8:00 p.m. and 7:00 a.m. on weekdays, including Saturdays, or earlier than 9:00 a.m. on Sundays and Federal holidays; and

7. Any activity to the extent regulation has been preempted by State or Federal law. (§ 1, Ord. 666-NS, eff. September 15, 2001)

1. Radios, Television Sets and Similar Devices. Any noise level from the use or operation of any radio receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of sound between 10:00 p.m. and 8:00 a.m., which exceeds the

noise limit of 65 dBA established by the General Plan at the property line shall be a violation of this chapter.

2. Loading and Unloading. No person shall cause the loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 8:00 p.m. and 7:00 a.m. in a manner which would cause a noise disturbance to a residential area.

3. Vehicle Repairs and Testing. No person shall cause or permit the repairing, rebuilding, modifying or testing of any motor vehicle, motorcycle or motorboat in a manner as to cause a noise disturbance between the hours of 8:00 p.m. and 7:00 a.m. within or adjacent to any residential area.

4. Parking and Landscape Areas. Parking and landscape area activities (i.e., mechanical sweeping, mechanical grass cutting and mechanical blowing) shall not impact residential uses. No parking area or landscape maintenance shall occur between the hours of 8:00 p.m. and 7:00 a.m. which would cause a noise disturbance to a residential area.

• (§ 1, Ord. 666-NS, eff. September 15, 2001)

1. Whenever a residential project is to be developed on a site where the existing exterior ambient noise level exceeds 65 dBA, the developer shall incorporate features into the design of the structure that will ensure interior noise levels below 45 dBA CNEL.

2. All residential developments shall consider the following noise mitigation measures whenever appropriate:

   • A. Increase the distance between the noise source and receiver;

   • B. Locate land uses not sensitive to noise (i.e., parking lots, garages, maintenance facilities, utility areas, etc.) between the noise source and the receiver;

   • C. Locate bedrooms on the side/rear of the structure away from major rights-of-way; and

   • D. Create quiet outdoor spaces in multi-family projects next to a noisy right-of-way by creating a U-shaped development that faces away from the noise source.

3. The minimum acceptable surface weight for a noise barrier is four pounds per square feet (equivalent to 3/4 inch plywood). The barrier shall be of a continuous material which is resistant to sound including:

   • A. Masonry block;

   • B. Precast concrete; or

   • C. Earth berm with concrete block wall.

4. Noise barriers shall interrupt the line-of-sight between the noise source and the receiver. (§ 1, Ord. 666-NS, eff. September 15, 2001)

The regulation of adverse noise impacts shall be subject to the applicable regulations of the Code, including provisions located in the following Articles:

1. Article 11 of Chapter 4

Conditional Use Permits

2. Article 8 of Chapter 4

3. Article 7 of Chapter 4

4. Article 10 of Chapter 4

5. Article 9 of Chapter 4

• Minor Conditional Use Permits Minor Variances Development Permits Variances