§ 9-404 — San Joaquin County Zoning Code

9-404.010 - PURPOSE ¶

The purpose of this Chapter is to establish standards for maximum noise limits and procedures for enforcing them to ensure that the General Plan limits on noise exposure and land use compatibility policies are achieved and maintained.

9-404.020 - EXEMPTIONS ¶

This Chapter does not apply to:

(a)

Emergencies.The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work. This includes warning devices necessary for the protection of the public safety, such as police, fire, and ambulance sirens.

(b)

Parks and Schools. Activities conducted in public parks, playgrounds, and public or private school grounds, including, but not limited to, school athletic and school entertainment events;

(c)

Construction. Noise associated with construction, provided such activities do not take place before 6:00 a.m. or after 9:00 p.m. on any day;

(d)

Residential Property Maintenance. Noise sources associated with maintenance of residential property located in Residential zones, provided such activities shall take place between 8:00 a.m. and 9:00 p.m. on any day.

(e)

Residential Air Conditioning. Noise associated with residential air conditioning equipment, provided such equipment is in good repair;

(f)

Agricultural Operations. Noise associated with any agricultural operation, including the processing or transportation of crops when such activities are conducted in Agricultural zones;

(g)

Community Assembly, Religious Institutions, and Other Similar Organizations. Unamplified bells, chimes, or other similar devices used for community assembly or by religious institutions and other houses of religious worship.

(h)

Solid Waste Collection. Collection of solid waste, vegetative waste, and recyclable materials by the County or under contract with the County.

(i)

Public Works Construction Projects, Maintenance, and Repair. Street, utility, and similar construction projects, or the maintenance or repair thereof, undertaken by, under contract to, or at the direction of the County, the State of California, or a public utility. These activities include street sweeping, debris and litter removal, removal of downed wires, restoring electrical service, repairing traffic signals, unplugging sewers, vacuuming catch basins, repairing of damaged poles, removal of abandoned vehicles, and repairing of water hydrants, watermains, gas lines, oil lines, sewers, storm drains, roads, and sidewalks.

(j)

Utility Facilities.Facilities for utilities including, without limitation, electric power transformers and related equipment, sewer lift stations, wastewater processing, wells, and pumping stations.

(Ord. No. 4632, § 12, 9-26-2023)

9-404.030 - GENERAL STANDARD ¶

No person shall make, or cause to suffer, or permit to be made upon any public property, public right-ofway or private property, any excessive noise, annoying noise, or amplified sound that are physically annoying to reasonable persons of normal sensitivity or that are so harsh or so prolonged or unnatural or unusual in their nature, time or place as to cause or contribute to the unnecessary and unreasonable discomfort of any persons of normal sensitivity who are beyond the lot line of the property from which these noises emanate or that interfere with the peace and comfort of adjacent residents or their guests, or the operators or customers in places of business in the vicinity, or that may detrimentally or adversely affect such residents or places of business. The purpose of this general standard is to establish the principles and context for the application of noise limits, standards for noise exposure and land use compatibility, and requirements for reasonable noise attenuation measures, all which are intended to protect County residents, visitors, and businesses from excessive noise exposure.

9-404.040 - NOISE LIMITS ¶

All uses and property must meet the following standards for noise from transportation sources and stationary sources.

(a)

Transportation Noise Sources.

(1)

Excluding projects on infill lots, proposed noise sensitive land uses that will be impacted by noise from existing or planned transportation facilities shall be required to mitigate the noise levels from these noise sources so that the resulting noise levels within the site do not exceed the standards specified in Table 9- 404.040, Part I for the specified noise sensitive land uses.

(2)

Proposed projects on infill lots that will be impacted by noise from existing or planned transportation facilities shall be required to mitigate the noise levels from these noise sources so that the resulting noise levels do not exceed the standards specified in Table 9-404.040, Part I for interior spaces only for the specified noise sensitive land uses.

(3)

Private development projects that include the development of new transportation facilities or the expansion of existing transportation facilities shall be required to mitigate the noise levels from these facilities so that the resulting noise levels on noise sensitive land uses within and adjacent to said development projects do not exceed the standards specified in Table 9-404.040, Part I for the specified noise sensitive land uses.

(b)

Stationary Noise Sources.

(1)

Excluding proposed noise sensitive land uses on infill lots, proposed noise sensitive land uses that will be impacted by stationary noise sources shall be required to mitigate the noise levels from these sources so that the resulting noise levels on the proposed noise sensitive land uses do not exceed the standards specified in Table 9-404.040, Part II for the specified noise sensitive land uses.

(2)

Proposed projects that will create new stationary noise sources or expand existing stationary noise sources shall be required to mitigate the noise levels from these sources, so as not to exceed the noise level standards specified in Table 9-404.040, Part II for the specified noise sensitive land uses.

TABLE 9-404.040 - MAXIMUM ALLOWABLE NOISE EXPOSURE FOR NOISE SENSITIVE LAND USES
Part I: Transportation Noise Sources
Noise Sensitive Land Use (Use Types)	Outdoor Activity Areas1(dB Ldn)	Interior Spaces (dB Ldn)
Residential: all Housing Types and Residential Use Types Resudenbti	65	45
College and Trade School	65	45
Commercial Use Types not separately listed	-	45
Community Assembly/Religious Assembly	65	45
Cultural Institutions	65	45
Hospitals and Clinics	65	45
Ofces	-	45
Parks and Recreation Facilities	65	45
Schools	65	45
Part II: Stationary Noise Sources
Sound Level	Outdoor Activity Areas of Noise Sensitive Land Uses1Daytime2 (7 a.m. to 10 p.m.)	Outdoor Activity Areas for Noise Sensitive Land Uses1Nighttime 2(10 p.m. to 7 a.m.)
Hourly Equivalent Sound Level (Leq), dB3	55	45
Maximum Sound Level (Lmax), dB	75	65

Where the location of outdoor activity areas is unknown or is not applicable, the noise standard shall be applied at the property line of the receiving land use. When determining the effectiveness of noise mitigation measures, the standards shall be applied on the receiving side of noise barriers or other property line noise mitigation measures.
Each of the noise level standards specified shall be reduced by 5 dB for impulsive noise, single tone noise, or noise consisting primarily of speech or music.
If the noise source operates for less than 30 minutes per hour, then the maximum sound level standard shall apply.

(c)

Prohibited Activities.

(1)

The outdoor operation of any industrial, commercial, or residential property maintenance tool or equipment powered by an internal combustion engine or electric motor, including, but not limited to, leaf blower, chainsaw, lawn mower, and hedger, is prohibited within 500 feet of a residence in a Residential zone between the hours of 9:00 p.m. and 8:00 a.m.

(2)

No use or activity shall create any noise or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person that causes the noise level on any property with a noisesensitive land use to exceed the applicable noise standard in Table 9-404.0404, unless the activity is exempt or a specific regulation applies.

9-404.050 - NOISE EXPOSURE—LAND USE REQUIREMENTS AND LIMITATIONS ¶

Table 9-404.050, Noise Exposure-Land Requirements and Limitations, describes the requirements and limitations of various land uses within the listed Day/Night Average Sound Level (Ldn) ranges that must be addressed in required acoustical studies.

TABLE 9-404.050: NOISE EXPOSURE - LAND USE REQUIREMENTS AND LIMITATIONS
Land Use	Day/Night Average Sound Level (Ldn)	Requirements and Limitations
Residential: Single Unit Dwelling, Duplex, Bungalow Court, and Townhouse	Less than 65	Normally acceptable
	65 to 75	Conditionally acceptable; acoustic study and noise attenuation measures required
	Over 75	Unacceptable; acoustic study and noise attenuation measures required
Residential Multi-family, Group Residential, and Transient Lodging	Less than 65	Normally acceptable
	Over 65	Conditionally acceptable; acoustic study and noise attenuation measures required
Schools, Libraries, Community Assembly, Hitl Rlii Abl Ridtil	Less than 65	Normally acceptable
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Care, Playgrounds, Parks, Commercial, and Ofce	65 and Over	Conditionally acceptable; acoustic study and noise attenuation measures required
Agricultural, Industrial, and Utilities; golf courses, riding stables, water sports, and cemeteries	Less than 75	Normally acceptable
	75 and over	Conditionally acceptable; acoustic study and noise attenuation measures required; avoid uses involving concentrations of people
New residential development in noise impacted areas are subject to the following noise levels: 1. For new single-unit residential development, maintain a standard of 60 Ldn for exterior noise in private use areas. 2. For new multi-unit residential development maintain a standard of 65 Ldn in community outdoor recreation areas. Noise standards are not applied to private decks and balconies. 3. Where new residential units would be exposed to intermittent noise levels generated during train operations, maximum railroad noise levels inside homes shall not exceed 45 dBA in bedrooms or 55 dBA in other occupied spaces. These single event limits are only applicable where there are normally four or more train operations per day.

9-404.060 - Additional Regulations for Specific Activities ¶

(a)

Construction. General construction noise shall be limited to weekdays from 6:00 a.m. to 9:00 p.m. Preconstruction activities, including loading and unloading, deliveries, truck idling, backup beeps, and radios, also are limited to these construction noise hours.

(1)

No noise-producing construction activities shall be permitted outside of these hours or on Sundays and federal holidays unless a temporary waiver is granted by the Building Official.

(2)

More restrictive construction noise hours may be established as a Condition of Approval of an Administrative Use Permit or a Conditional Use Permit when appropriate given the surrounding neighborhood, the type of noise, or other unique factors.

(3)

Any waiver granted shall take the potential noise impacts upon the surrounding neighborhood and the larger community into consideration.

(4)

Except in emergencies, no construction shall be permitted outside of these hours, including maintenance work on public rights-of-way, that creates construction noise..

(b)

Deliveries. Deliveries to or pickups from any commercial use sharing a lot line with any conforming residential use may occur between 7:00 a.m. and 10:00 p.m. daily. No deliveries to or pickups from any such use shall occur outside of these hours unless specifically authorized by a Conditional Use Permit.

(c)

Normal Maintenance. Maintenance of real property operations may exceed the noise standards between 6:00 a.m. and 9:00 p.m.

9-404.070 - NOISE MEASUREMENT ¶

Noise shall be measured with a sound level meter that meets the standards of the American National Standards Institute. Noise levels shall be measured in decibels (dBA) on a sound level meter using the A- weighted filter network. Exterior noise shall be measured at the lot line. Interior noise shall be measured in the center of a habitable room with an exterior window on the side of the building with the loudest ambient exterior noise. All noise measurements shall be made when there is no noise source present inside the room at a point five feet above the floor level. A calibration check of the instrument shall be made at the time any noise measurement is made. Excluded from these standards are occasional sounds generated by the movement of railroad equipment or warning devices.

9-404.080 - ACOUSTICAL STUDIES - WHEN REQUIRED ¶

(a)

Scope of Study. The Zoning Administrator shall require an acoustical study, at the applicant's cost, that includes field measurement of noise levels for any proposed project that would locate a noise source with the potential to increase noise levels to levels exceeding limits in Table 9-404.050. Acoustical studies must identify noise sources and magnitudes, describe existing and future noise exposure, and propose mitigation measures for any on-site generated noise in order to ensure that the noise exposure limits in Table 9-404.050 are not exceeded. The acoustical study shall include the following information:

(1)

A general description of the project and its general location, with appropriate maps, and the noise sources of concern;

(2)

A description of the methodology that will be used to assess noise impacts, including a listing of all assumptions and data used in any computer models.

(A)

Computer models that will be used for noise predictions shall be standard versions approved by the FHWA, FAA, Caltrans, or other government agencies.

(B)

For traffic noise studies, the computer models, SOUND32 or other proprietary models based on the 1978 "FHWA Highway Traffic Noise Prediction Model (FHWA-RD-77-108)" shall be used. The FHWA's new "Traffic Noise Model" (TNM) shall be used after its phase in date. For aircraft noise studies, the latest version of the FAA's "Integrated Noise Model" (INM) shall be used.

(C)

If standard government approved models do not exist (e.g., for railroad and industrial noise sources), a description of the consultant's analysis model shall be provided.

(3)

A description of existing and future noise levels on the project site together with a comparison of these noise levels to the noise level standards specified in Table 9-404,040 and the noise exposure-land use requirements in Table 9-404.050.

(4)

Recommended mitigation measures to achieve compliance with the standards specified by Tables 9- 404.040 and 9-404.050 (i.e., noise barriers, site design, setbacks, equipment modification, structure sound proofing), or a detailed explanation stating why mitigation is infeasible.

(b)

Establishing Ambient Noise. When the Zoning Administrator has determined that there could be an existing condition that would necessitate adjusting the standards, an acoustical study shall be performed to establish ambient noise levels. In order to determine if adjustments to the standards should be made upwards, a minimum 24-hour duration noise measurement shall be conducted. The noise measurements shall collect data utilizing noise metrics that are consistent with the noise standards presented in Table 9- 404.050. An arithmetic average of ambient noise levels during the three loudest hours should be made to demonstrate that ambient noise levels regularly exceed the noise standards.

9-404.090 - NOISE ATTENUATION MEASURES ¶

Any project subject to the acoustic study requirements of Section 9-404.080 may be required to incorporate noise attenuation measures deemed necessary to ensure that noise standards established in Tables 9-404.040 are not exceeded as a Condition of Approval.

(a)

New noise-sensitive uses must incorporate noise-attenuation measures to achieve and maintain the interior noise level listed in Table 9-404.040 for each specified noise sensitive land use.

(b)

The preferred noise attenuation measures are those based on site planning and building orientation along with noise-abating materials, technology, and construction standards to minimize noise. Noise barriers for attenuation should be used only after all feasible design-related noise measures have been incorporated into the project. Where noise barriers are used, they must provide noise reduction to meet the limits for outdoor and indoor noise in Table 9-404.040.

9-404.100 - EQUIPMENT MAINTENANCE FOR NOISE CONTROL ¶

New and existing heating, ventilation, and air conditioning equipment and other agricultural, commercial, and industrial equipment must be adequately maintained in proper working order so that noise levels emitted by such equipment do not create noise levels exceeding applicable limits in Table 9-404.040, Part II. The Zoning Administrator may require noise shielding or insulation for such equipment if the operation of the equipment results in noise levels exceeding applicable limits on adjacent properties.