Oceanside Municipal Code Art. III Sound Level Limits

The city shall establish appropriate standards and procedures to ensure the accuracy of sound level measurements. Any such measurements shall be made consistent with these standards and procedures.

(Ord. No. 90-21, § 2, 5-23-90)

(a) Except for exempted activities and sounds as provided in this chapter or exempted properties as referenced in section 38.15, it shall be unlawful for any person to cause or allow the creation of any noise to the extent that the one-hour average sound level, at any point on or beyond the boundaries of the property in the applicable base district zone on which the sound is produced exceeds the applicable limits set forth below:

Sound Level Limits (Decibels)

(b) Limits for planned developments. In addition to the sound level limits established above, there is hereby established sound level limits for PD (planned development) base district zones.

For any residential land use within a PD zone, the sound level limit is that limit which would be otherwise applicable in the residential district zone (RE, RS, RM, RH or RT) corresponding to density of the residential development in that PD zone.

For any nonresidential land use within a PD zone, the sound level limit is that limit corresponding to the C (commercial) or I (industrial) zone which would be applicable to that use if not subject to the PD zone. For the purposes of this section, a land use shall be that use shown on a duly approved planned development plan or specific plan.

(c) Limits for joint boundaries. When property lines form the joint boundary of two (2) base district zones, the sound level limit shall be the arithmetic mean of the limit applicable to each of the two (2) zones.

(Ord. No. 90-21, § 2, 5-23-90)

If the noise resulting from any activity, event, or enterprise in any nonresidential base district zone shall exceed the applicable area sound level limit prescribed in section 38.12 on three (3) or more days during any thirty-day period, the code enforcement division shall serve a notice of noncompliance on the owner of the property which produces the noise. Service shall be in the manner prescribed by section 38.27. Such notice shall indicate the applicable sound level limit for the area, identify when and where excessive sound level measurements were taken, and report the sound level measured during each such measurement.

Within thirty (30) days of service of the notice of noncompliance, the owner of the property shall do one of the following:

(1) Reduce the level of noise produced on the property so as to conform to the applicable sound level limit referenced in the notice;

(2) Deliver a written application to the code enforcement division for an extension of time in which to bring the noise into conformance with the referenced sound level limit; such extension may be granted for a period not to exceed thirty (30) days; or

(3) Deliver to the code enforcement division a written objection to any or all of the findings indicated, identified, or reported in the notice; the code enforcement division shall rule on the validity of such objections within fifteen (15) days of such delivery and, if found to be invalid, shall order the owner to comply with the applicable sound level limit; or

(4) Apply for a variation from the sound level limit otherwise applicable. The city council shall hear applications for a variation during a duly noticed public hearing. The notice requirements shall be the same as these required by the Oceanside Zoning Ordinance in connection with an application for use permit or variance.

(Ord. No. 90-21, § 2, 5-23-90)

The city council shall approve the application for a variation on the basis of the application, materials, and testimonies submitted to it if it finds that the health and welfare benefits of reducing the noise so as to conform with the applicable sound level limit are clearly outweighed by the burden on the applicant and the community in ameliorating, reducing, or modifying the noise so as to conform with the limit.

In ruling on the application for the variation, the city council shall consider the following:

(1) The characteristics and conditions in section 38.16;

(2) The nature and zoning of the area within which the noise emanates;

(3) The density of inhabitation of the area in which the noise emanates;

(4) The economic impact on the applicant of bringing the subject property into conformance with the sound level limit; and

(5) The impact of the proposed variation on the health, safety, and welfare on persons exposed to sound levels thereby permitted.

(Ord. No. 90-21, § 2, 5-23-90)

Notwithstanding anything in this chapter to the contrary, the city manager, or the manager's designee, on a case-by-case basis, may authorize construction, maintenance or other public improvement activities by a government agency or a public utility, that exceed the noise, duration or hour of work limits established by this chapter, upon a determination that the authorization furthers the public interest.

(Ord. No. 97-15, § 1, 9-3-97)