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HomeMy WebLinkAboutOrdinance #3940 ORDINANCE NO. 3940 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 8.40 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO NOISE CONTROL The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 8.40.030 of the Huntington Beach Municipal Code is hereby amended to read as follows: 8.40.030 Noise level measurement criteria. Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter or similar device that accurately measures noise levels and produces data that may be used in administrative or judicial proceedings. The location for measuring noise levels may be at any legally accessible vantage point where a reasonable person would conclude the noise may exceed this Chapter's noise standards. All noise level measurements shall be performed in accordance with the procedures established by the City. SECTION 2. Section 8.40.050 of the Huntington Beach Municipal Code is hereby amended to read as follows: 8.40.050 Exterior noise standards. (a) The following noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone: Exterior Noise Standards Noise Zone Noise bevel Time Period WJi AVON 1 55 db(A) 7 a.m./- 10 p.m./ 50dbA 10 in. - 7a.m. 2 55 db(A) An ime m" c 3 60 db A Anytime / / 4 70 db(A) Anytime The above standard does not apply to the establishment of multi-family residence private balconies and patios. Multi-family developments with balconies or patios that do not meet CNEL standards are required to provide occupancy disclosure notices to all future tenants regarding potential noise impacts. (b) In the event the alleged offensive noise consists entirely 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). 11-2957/66436 1 Ordinance No. 3940 SECTION 3. Section 8.40.090 of the Huntington Beach Municipal Code is hereby amended to read as follows: 8.40.090 Special provisions. The following activities shall be exempt from the provisions of this chapter: (a) School bands, school athletics and school entertainment events, provided such events are conducted on school property or authorized by special permit from the City; (b) Activities otherwise lawfully conducted in public parks, public playgrounds and public or private school grounds; (c) Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work; (d) Noise sources associated with construction, repair, remodeling, or grading of any real property; provided a permit has been obtained from the City as provided herein; and provided said activities do not take place between the hours of 8 p.m. and 7 a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday. (e) All mechanical devices, apparatus or equipment which are utilized for the protection or harvest of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions; (f) Mobile noise sources associated with agricultural operations provided such operations do not take place between the hours of 8 p.m. and 7 a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday. (g) Mobile noise sources associated with agricultural pest control through pesticide application, provided that the application is made in accordance with restricted material permits issued by or regulations enforced by the Agricultural Commissioner; (h) Noise sources associated with the maintenance of real property provided said activities take place between the hours of 8 a.m. and 8 p.m. on any day except Sunday or between the hours of 9 a.m. and 6 p.m. on Sunday or a federal holiday; (i) Leaf blower shall be governed by section 8.40.095. (j) Any activity or equipment to the extent that design regulation thereof has been pre- empted by state or federal laws. (k) Noise sources associated with temporary public or private events located on private or public property provided a permit has been obtained from the City as provided herein. SECTION 4. Section 8.40.120 of the Huntington Beach Municipal Code is hereby amended to read as follows: 8.40.120 Manner of enforcement. The Director of Planning and Building ("Director") or Police Chief and their duly authorized representatives are directed to enforce the provisions of this chapter. The Director or Police Chief and their duly authorized representatives are authorized pursuant to Penal Code section 836.5 to arrest any person without a warrant when they have reasonable cause to believe that such person has committed a misdemeanor in their presence. 11-2957/66436 2 If the Director or Police Chief and their duly authorized representatives conduct db(A) tests or other noise measurement readings for purposes of enforcement, and the noise level is found to exceed those levels stipulated as permissible in this chapter, the owner or operator of the noise source shall be required to pay the cost of the db(A)tests or readings. No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of his duty. SECTION 5. Section 8.40.130 of the Huntington Beach Municipal Code is hereby amended to read as follows: 8.40.130 Permit Process. Applications for a permit to deviate from the provisions herein shall be initiated by submitting an application and data as proscribed by the Director and paying the required fee. The application form will be as directed by the Director and shall set forth all facts regarding the request for deviation including any actions the Applicant took to comply with the provisions of this Chapter, the reasons why compliance cannot be achieved and a proposed method of achieving compliance, if such method exists. The Applicant must demonstrate, at a minimum, the need to deviate from the noise level produces a greater benefit to the community which outweighs the temporary increase in noise level above the requirements of this Chapter. Within 10 days after receipt of a complete application, the Director will notify affected property owners within 300 feet of the alleged/proposed noise source of the application for a permit to temporarily deviate from this code. A separate application shall be filed for each noise source; provided, however,that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Upon receipt of said application and fee, the Director may approve, conditionally approve or deny the permit upon finding that the above factors as well as factors included in section 8.40.111 of this Chapter are satisfied. The permit shall become effective five days after action by the Director unless appealed as provided herein. The Director will provide the applicant as well as the affected property owners notice of decision within 24 hours after the decision is made. An applicant for a permit shall remain subject to prosecution under the terms of this chapter until a permit is granted. SECTION 6. Section 8.40.150 of the Huntington Beach Municipal Code is hereby amended to read as follows: 8.40.150 Anneals. A. Notice of Appeal. A person desiring to appeal the Director's decision shall file a written notice of appeal with the Director within five days after the Director's decision. Notice of appeal shall be accompanied by a fee as set forth in the City's current fee resolution. 11-2957/66436 3 Ordinance No. 3940 B. Form of Notice on Appeal. The notice of appeal shall contain the name and address of the person appealing the action, the decision appealed from and the grounds for the appeal. The Director may provide the form of the notice of appeal. A defect in the form of the notice does not affect the validity or right to an appeal. C. Action on Appeal. The Director shall set the matter for hearing before a hearing officer and shall give notice of the hearing on the appeal in the time and manner set forth in California Government Code Section 65091. D. De Novo Hearing. The hearing officer shall hear the appeal as a new matter. The original applicant has the burden of proof. The hearing officer may act upon the application, either granting it, conditionally granting it or denying it, irrespective of the precise grounds or scope of the appeal. In addition to considering the testimony and evidence presented at the hearing on the appeal, the hearing officer shall consider all pertinent information from the file as a result of the previous hearings from which the appeal is taken. E. Decision on Appeal. The hearing officer may reverse or affirm in whole or in part, or may modify the hearing officer's decision that is being appealed. The decision of the hearing officer is final on the date of its decision. SECTION 7. Sections 8.40.140, 8.40.160, and 8.40.170 are hereby deleted in its entirety. SECTION 5. All other provisions of Chapter 8.40 not amended hereby remain in full force and effect. SECTION 6. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 4th day of Ji,nP ) 2012. Mayor ATTEST: 1NITIA D aOVED: City Clerk Dire o Bu ding and Planning REVI ND APPROVED: APPROVED AS TO FORM: �e 1t Vanager City ttorney D)V 11-2957/66436 4 Ord. No. 3940 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on May 7,2012, and was again read to said City Council at a regular meeting thereof held on June 4, 2012, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Harper, Dwyer, Hansen, Carchio, Bohr, Boardman NOES: None ABSENT: Shaw ABSTAIN: None 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on June 14,2012. In accordance with the City Charter of said City n Joan L. Flynn, City Clerk C Clerk and ex-officio erk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California