Loading...
HomeMy WebLinkAboutNoise Control - Ordinance 2379 - Chapter 8.40 Huntington Bea REQUEb f FOR CITY COUNCIL A 1®N Submitted by James W Palin Department Development Services/Planning Date Prepared May 22 1979 Backup Material Attached a Yes ❑ No Subject NOISE ORDINANCE City Administrator s Comments t�PPRDYED BY CITY GOUNCIL Approve as recommended P CITY CLEM t Statement of Issue Recommendation Analysis Funding Source Alternative Actions STATEMENT OF ISSUE a Adoption of a Noise Ordinance for the City of Huntington Beach RECOMMENDED ACTION The Planning Department requests that the City Council 1) repeal Chapter 8 40 of the Huntington Beach Municipal Code and 2) adopt Ordinance No 2203 , thereby adding a new Chapter 8 40 to the Municipal Code entitled "Noise Control " Also, the City Administrator' s office should be instructed to expand the existing contract between the County Health Department and the City, dated July 1, 1976, to include enforcement of the noise ordinance ANALYSIS In order to implement the goals and policies contained in the Noise Element of the General Plan, procedures were initiated two years ago to adopt a noise ordinance and to contract with Orange County Health Department for enforcement The City Council on June 6 , 1977 gave the proposed noise ordinance a first reading, however, funding for enforcement was subsequently deleted from the budget, and the adoption of the noise ordinance was tabled at the second reading on June 20, 1977 Based on the direction given by City Council at the April 16, 1979 meeting, funding for enforcement is to be made available in the upcoming fiscal year (FY 79-80) Therefore this noise ordinance is being resubmitted for a sQe4q read- in(,, a r— )9157— P 10 n 3 8 `RCA - Noise Ordinance May 22, 1979 Page 2 FUNDING SOURCE Cost of enforcement is estimated to be $2,400 yearly, budgeted in the General Fund ALTERNATIVE ACTION Do not repeal the present Chapter 8 40 of the Municipal Code or adopt Ordinance No 2203 ATTACHMENTS 1 Summary Noise Control Ordinance 2 Noise Ordinance 2203 Respectfully submitted, 10 �) amesW Palin r Acting Planning Director JWP CPS df SUMMARY HUNTINGTON BEACH NOISE CONTROL ORDINANCE a PPolliiccl - To control unnecessary, excessive, and annoying sounds eb cause of the detrimental effect of certain noise levels on the public health, safety, and welfare b Exterior Noise Standards 1 Residential properties 55 dBA frcm l a m to 10 p m 50 dBA from 10 p m to l a m 2 Office Professional and Public 55 dBA Anytime Institutional properties 3 All Crci.al properties except 60 dBA Anytime Office Professional 4 Industrial properties 70 dBA Anytime The Ordinance expands upon these standards so that certain noise levels are permitted for given durations c Interior Noise Standards OWN 1 Residential properties 55 dBA from l a m to 10 p m 45 dBA fran 10 p m to7am 2 All Crcial, Public Institutional 55 dBA Anytime and Industrial properties d S ecial Provisions - The following are exempt from the standards stated previously School activities 2 Shows, sporting, and entertainment events (with permit) 3 Publicly-owned park or playground activities 4 Emergency work 5 Construction, repair and grading activities between 7 a m and 8 p m 6 General agricultural activities between l a m and 8 p m 7 Agricultural activities to protect crops during periods of adverse weather conditions and pest control activities e Schools, Hospitals, and Churches - The proposed ordinance imposes the exterior noise standards for residential properties for zones containing schools, hospitals, or churches, and prohibits un- reasonable interference, disturbance, or annoyance within these zones Page 2 f Air Conditioning and Refri eration - The ordinance imposes more lenient exterior and interior standards for properties until July 1, 1978, where the noise source is an air conditioning or refrigeration system which was installed prior to the effective date of the ordinance The standards are 1 Exterior Noise Standards a Residential 60 dBA from l a m to 10 p n 55 dBA frcan 10 p m to l a m b Office Professional and Public 60 dBA Anytime Institutional c All Conmie_rcial except Office 65 dBA Anyture Professional d Industrial 75 dBA Anytime 2 Interior Noise Standards a Residential 60 dBA fran 7 a m to 10 p P, 50 dBA from 10 p m to Z a n, b All Ca nTiercial, Public Institutional 60 dBA Anytime and Industrial properties After July 1, 1978 , the standards for air conditioning and refrigeration systems will be the same as for other noise sources outlined previously g Noise Level Measurement - EXtekivr noise levels may be measured anywhere on the affected property Interior levels must be made within the affected dwelling unit at least four feet from the wall, ceiling, or floor nearest the noise source and may be made with windows open h Manner of Enforcement - The County Health Officer and his rep- resentatives are responsible for enforcing the Ordinance If compliance does rot occur , arrest is authorized i Variance Procedure - Exceptions may be applied for through the County Health Officer, accompanied by a $75 filing fee Within 30 days, the Health Officer is to recommend action to the Noise Variance Board I Noise Variance Board - The Noise Variance Board evaluates all applications for variance Each variance granted is to set fortr a method of achieving maximum compliance and a time schedule for its accomplishment Page 3 k Appeals - Within 15 days following the Variance Board' s decision, the applicant, Health Officer, or any member of the City Council may appeal the decision to the City Council by filing a Notice of Appeal with the Secretary of the Variance Board 1 Violations - Violations of the Ordinance are considered a mis- demeanor Each day such violation is committed constitutes a separate violation AMN MARGARET C GRIER DIRECTOR C>UN-rI( ®F 4D RANGE ,9 MORTON NELSON M D MPH 2 HEALTH OFFICER HUMAN SERVICES AGENCY 515 N SYCAMORE STREET SANTA ANA CA 92701 TELEPHONE 714/834 3131 MAILING ADDRESS P O BOX 355 SANTA ANA CA 92702 PUBLIC HEALTH AND MEDICAL SERVICES March 30, 1979 City of Huntington Beach P 0 Box 190 Huntington Beach, CA 92648 ATTENTION City Clerk Dear Council Members The Health Services Agreement, dated July 1, 1976, between your City and the County of Orange provides for the enforcement of State codes and regulations, for which there is no charge to the City The agreement also gives the City the option of requesting the enforcement of City ordinances by the County Health Officer Exhibit A of this agreement lists all City ordinances which the County Health Officer has agreed to enforce An updated Exhibit A is enclosed and should be attached to the Health Services Agreement for future reference �.�. ...�� _ The cost of enforcing City ordinances is billed at the hourly rates specified in Exhibit B of this agreement Paragraph 7 of the agreement provides that on or before April 15th of each year, the Health Officer will determine and notify the City of the rates to be paid by the City during the year beginning on July 1, 1979, for services rendered in the enforcement of City ordinances After an analysis of estimated program costs, the Health Officer has deter- mined the hourly rates to be charged under the agreement beginning July 1, 1979 This letter is the notification to the City of such new rates The new rates are listed on the enclosed 'E.xhzDit B to Health Services Agreetlleiit", effective July 1, 1979 Should your City wish to request that the Health Officer enforce a City ordi- nance not now listed in Exhibit A of the agreement, a letter from a person designated by your City Council should be sent to the Health Officer along with a copy of the proposed ordinance If the proposed ordinance is accept- able for enforcement, the Health Officer will respond in writing, and the ordinance will be added to Exhibit A of the agreement The cost of enforce- ment will be billed at the hourly rates specified in Exhibit B provided, Page 2 however, there will be a minimum billing of $20 00 per ordinance per month If you have any suggestions for improving the effectiveness of health services under your agreement with the County, please advise the Supervising Sanitarian and the District Sanitarian serving your City Ver tr ly yo rs Z Mo'Yton Nelson, M D , M P H Health Officer County of Orange MN/TRC/st Revised March 1, 1979 EXHIBIT A to HEALTH SERVICES AGPEEMENT between CITY OF H NTINGTnN RF C and COUNTY OF ORANGE The Health Officer will provide services hereunder relating to the follow_ng ordinances of City No Chaigp Charge and Type to City User Fee No Fee Noise Well Const X Fooa Ordinance X Mobile Homes X Housing X Mobile X-Rays X Noise ordinance passed No agreement or authorization to change fees Effective July 1, 1979 pursuant to paragraph 7 of this agreement EXHIBIT B to HEALTH SERVICES AGREEMENT between CITY OF HUNTINGTON BEACH and COUNTY OF ORANGE 1 For services provided hereurder by the Health Officer relating to the ordinances listed in EXHIBIT A (and any amendment, additions, or deletions thereto made pursuant to this agreement) , the CITY shall make payment to COUNTY pursuant to this agreement at the Direct Labor Rates specified below Program Direct Labor Rate A Food Sanitation $20 13 B Milk and Dairy Sanitation 24 90 (plus laboratory costs) C Water Quality Control 21 35 D Institutional Environmental 23 91 Quality E Land Use Review 22 56 F Solid Waste Management 22 26 G Occupational Health 24 23 H Radiological Health 20 87 I Housing and Community 19 07 Environmental Quality J Community Noise Control 21 83 2 The specified Direct Labor Rates are hourly rates and shall be charged for each hour of time spent by applicable program direct personnel in the pro- viding of services hereunder The term "direct personnel" is defined to mean the following County personnel engaged in providing health services to CITY A Environmental Health Sanitarian B rL13 L' Spec�La3 xst C Sanitarian Aid D Senioi Sanitarian Aid E Milk and Dairy Inspector F Chief Milk and Dairy Inspector G Industrial Hygienist H Occupational Health Sanitarian I Public Health Physicist J Environmental Health Engineering Specialist If any of the above classifications are revised or replaced with other classifications performing similar functions, the personnel assigned to such classifications shall be deemed to be "direct personnel "