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Item WITHDRAWN from Consideration - Approve for Introduction
TTF. J wfrHDk4Wi 1 FPZkI (DA191nWA-Vail City of Huntington Beach File #: 20- MEETING DATE: 11/2/2020 .REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Ursula Luna-Reynosa, Director of Community Development Subject: Approve for introduction Ordinance No. 4222 amending Chapter 8.40 of the Huntington Beach Municipal Code (HBMC) titled Noise Control relating to the control of unnecessary, excessive, and annoying sounds and protecting noise-sensitive land uses. ensuring land use/noise compatibility, reducing noise from mobile sources, and mitigating noise from construction, maintenance, and other sources Statement of Issue: On October 2, 2017, the City Council approved General Plan Amendment No. 14-002. the General Plan Update, which amended the Noise Element of the Huntington Beach General Plan. The updated Nosie Element incorporated new land use compatibility standards and guidelines to address acceptable noise levels for an expanded list of land uses and proper measurement methods, obtained input from interested parties and concerned groups during the General Plan Update process, and added an implementation program to update the Noise Ordinance, which had not been comprehensively updated since it was adopted approximately 40 years ago. The Noise Element necessitated an update to the noise ordinance for these reasons as the noise ordinance is crucial for the protection of noise-sensitive land uses and is enforced by multiple city departments. If adopted by the City Council, the result would be a noise ordinance that is easy to comprehend and enforce, and meets the goals and policies of the General Plan. Financial Impact: Not applicalilc Recommended Action: Approve for introduction Ordinance No. 4222, "An Ordinance of the City of Huntington Beach Amending Chapter 8.40 of the Huntington Beach Municipal Code Relating to Noise Control." (Attach ment 1). Alternative Action(s): Do not approve the recommended action and direct staff accordingly. City of Huntington Beach Page 1 of 3 Printed on 10/2&2020 W.eleW Legstal-" File #: 20-1931 MEETING DATE: 11/2/2020 Analysis: Chapter 8.40 of the HBMC, titled Noise Control (commonly known as "the noise ordinance"), was adopted in 1979 and last updated in 2012, which added the Noise Deviation permit process. However, the noise ordinance has never been comprehensively updated. On October 2, 2017, the City Council approved the General Plan Update, which amended the Noise Element. The goals and policies of the Noise Element are identified to protect noise-sensitive land uses, ensure land use/noise compatibility, reduce noise from mobile sources, and mitigate noise from construction, maintenance, and other sources. The updated Noise Element incorporated new land use compatibility standards and guidelines to address acceptable noise levels for an expanded list of land uses and proper measurement methods, and obtained input from interested parties and concerned groups during the General Plan Update process. An implementation program to comprehensively update the Noise Ordinance was also approved during the General Plan update. The Noise Element required an update to the noise ordinance for these reasons as the noise ordinance is crucial for regulating noise at its source, for the protection of noise-sensitive land uses, and for enforcement by multiple city departments. The General Plan Implementation Program N-P.3 requires an update of Chapter 8.40 to align with the standards established in the General Plan's Noise Element, and implement the goals, policies, and programs therein. The proposed ordinance amends the Noise Ordinance to incorporate updated standards in line with the current noise conditions of the City, established state guidelines, and implement programs of the Noise Element, including: • Definitions of noise descriptors that are relevant to the ordinance, noise generators, and noise- sensitive uses o Noise descriptors or rating scales analyze the adverse effect of community noise on people. The choice of specific descriptors is related to the nature of the noise "signature" (frequency and duration) of the source. Updated definitions for common metrics, such as Equivalent Continuous Sound Level (Leq) and Maximum Sound Level (Lmax), were added to help evaluate noise source for code compliance. • Performance standards for noise-sensitive receptors o Noise-sensitive receptors are newly defined as residential, hotels/motels, schools. hospitals, churches, cultural land uses, public parks, and the active outdoor use areas of commercial and office uses (such as courtyards). Performance standards, such as use prohibition, restricted hours, and/or distance requirements, are added to provide clear guidance and protection from noise impacts related to construction, property maintenance, auto/recreational vehicle repair/activities, commercial deliveries, entertainment events and sound amplifying devices. Additionally, added ground vibration limits protect vibration-sensitive uses (similar to noise-sensitive uses). • Restrictions on construction activities o Hours of construction are proposed to be revised to be more restrictive for the loudest noise generating construction activities, but offer greater flexibility overall by allowing for lower noise generating construction and property maintenance activities to occur at any time. The new hours would limit construction hours to 7:00 a.m. - 7:00 p.m., provided noise levels do not exceed 80 dBA Leq adjacent to noise-sensitive uses. Construction could occur outside of those hours at lower noise levels. Noise related to typical or City of Huntington Beach Page 2 of 3 Printed on 10/28t202O oowe,E325 Lec,siar'- File #: 20-1931 MEETING DATE: 11/2/2020 occasional property maintenance, including the use of domestic power tools, are not subject to the new construction hours. • Standards for field measurements, including equipment and methodology o Newly added standards include specific criteria for industry standard measuring tools. Specific location and methods are included to properly measure different noise levels for code compliance. Multiple departments reviewed and contributed to this amendment, particularly to clarify sections that have contributed to noise-related issues for City enforcement. The proposed revisions are necessary for efficient noise control in today's Huntington Beach, and if adopted by the City Council, the result would be a noise ordinance that is easy to comprehend, enforceable, and meets the goals and policies of the General Plan. Environmental Status: The proposed Huntington Beach Municipal Code amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b) (3) of the CEQA Guidelines because there is no potential for the amendments to have a significant effect on the environment. Strategic Plan Goal: Enhance and maintain high quality City services Attachment(s): 1. Ordinance No. 4222 2. Legislative Draft City of Huntington Beach Page 3 of 3 Printed on 10/2812020 oowerE326 Legisia,' ORDINANCE NO. 4222 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 8.40 OF THE HUNTINGTON BEACH MUNICIPAL CODE TITLED NOISE CONTROL WHEREAS, pursuant to Title 7, Chapter 3, Article 6 of the California Government Code, the Huntington Beach City Council approved General Plan Amendment No. 14-002, the General Plan Update, on September 18,2017,which amended the Noise Element of the Huntington Beach General Plan; WHEREAS, the Updated Noise Element establishes land use compatibility standards, based on recommended parameters from the California Governor's Office of Planning and Research; WHEREAS, the goals and policies of the Noise Element are identified to protect Noise- Sensitive land uses, ensure land use /noise compatibility, reduce noise from mobile sources, and mitigate noise from construction, maintenance, and other sources; and WHEREAS, General Plan Implement on Program N-P.3 required an update of Chapter 8.40, titled Noise Ordinance, to align with the standards established in the General Plan Noise Element and implement the goals, policies/aand programs of the Noise Element. After due consideration of the recommendations and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW,THEREFORE, city Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Secjtton 8.40.020 of the Huntington Beach Municipal Code is hereby amended and definitions inserted in alphabetical order: "A-Weightedecibel (dBA)" shall mean the overall frequency-weighted sound level in decibels that appr9 imates the frequency response of the human ear as represented by the A- weighted network. The reference pressure is 20 micropascals. "DecibtdB)" shall mean a unit which denotes the ratio between two quantities which are proportions; o power; the number of Decibels corresponding to the ratio of two amounts of power is l d times the logarithm to the base 10 of this ratio. Tomestic Power Tool" means a mechanically-powered saw, sander, drill, grinder, lawn or garden tool, snow blower, Leaf Blower or similar device that is used in residential areas for work that is typically done by or for residential occupants. "Equivalent Continuous Sound Level (Leq)" shall mean the value of an equivalent, steady sound level which, in a stated time period, has the same sound energy as the time-varying sound. Thus, the Leq metric is a single numerical value that represents the equivalent amount of variable sound energy received at a location over the specified duration. NO ACTION TAKEN ORDINANCE NO. 4222 "Fixed Noise Source' shall mean a stationary device or point source which/creates sounds while fixed or motionless, including but not limited to, industrial and commercial machinery and equipment, pumps; fans, compressors, generators, air conditioners and refrigeration equipment, or an area source such as a special event on a property. That is, all sources that are non-mobile transportation sources (e.g., vehicle traffic on public roads and aircraft)."Impulsive Noise" shall mean sound of short duration, usually less than one second, with an abrupt onset and rapid decay. "Leaf Blower" shall mean any machine, however powered, use( to blow leaves. dirt and other debris off sidewalks, driveways, lawns and other surfaces. / "Nfaximum Sound Level' (Lmax)" shall mean the highest during sound level measured during the measurement period. "Nlotorboat" shall mean any vessel which operates on water and which is propelled by a motor, including but not limited to, boats, barges, amphibus craft, water ski towing devices and hover craft. "Noise Level" shall mean the "A" weighted Sound/Pressure level in Decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micropascals (micronewtons per square meter). The unit of measurement shall be designated as dBA. "Noise-Sensitive Land Uses" shall mean residential, hotels, motels, schools, hospitals, churches, cultural land uses; public parks, recreational, and the active outdoor use areas of commercial and office uses (such as courtyard�Andustrial and manufacturing uses are not considered noise sensitive. "Parcel" shall mean an area of real property with a separate or distinct number or other designation shown on a plat recorded in the/office of the County Recorder. Contiguous Parcels owned by the same individual or entity shall be considered one Parcel for purposes of this section. / "Rout-i\1can-Square Sound Level (RNIS)" shall mean the square root of the average of the square of the Sound Pressure over the measurement period. "Simple Tone Noise" shall mean a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished. In case of dispute, a Simple Tone noise shall exist if the one-third octave band Sound Pressure level in the band with the tone exceeds the arithmetic average of the Sound Pressure levels of the two contiguous one-third octave bands by 5 dB for center frequencies of 500 Hz and above and by 8 dB for center frequencies between 160 and,400 Hz and by 15 dB for center frequencies less than or equal to 125 I-Iz. /% "Sound Amplifying Equipment" shall mean any machine or device for the amplification of the human voice, music, or any other sound, excluding standard automobile stereos when used and heard only by the occupants of the vehicle and, as used in this chapter, warning devices on authorized emergency_ /�ehicles or horns or other warning devices on any vehicle used for traffic safety purposes. "Sound Pressure Level" of a sound, in decibels, shall mean 20 times the logarithm to the base of 10 of the ratio of the pressure of the sound to the reference pressure of 20 micropascals. 1 1 i 20-9015/238623 ORDINANCE NO. 4222 "Vibration Decibel (VdB)" shall mean a measure of vibration expressed on a logarithmic scale with the reference velocity of I micro-inch per second (1 x 10-6 in/sec). "Vibration-Sensitive Use" shall mean residential, hotels, motels, schools, hospitals and medical offices with Vibration-Sensitive equipment, churches, cultural land uses, commercial. office and government uses. Outdoor areas with no buildings and industrial and manufacturing uses are not considered vibration sensitive. ; SECTION 2. Section 8.40.030 of the Huntington Beach./Municipal Code is hereby amended to read as follows: / Any Noise Level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter which meets at least American National Standards Institute (ANSI)Type 2 standards. While the exterior noise standards in 8.40.050 are applied to the property line of the receiving use, 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 and shall be at a height of at least 4 feet, at least 4 feet away from reflective surfaces. and for a duration of at least 15 minutes, where feasible. "file measurement shall be made using the A-weighting network (dBA) with "sloe `meter response. Impulsive or impact noises shall be measured using "fast" meter response. The/purpose of the measurement is to determine if the alleged noise violation exceeds the standards/established in 8.40.050. if for any reason the alleged offending noise cannot be turned off, shut down or tcmporarily removed from the area, then the ambient noise shall be estimated be performing a representative measurement in the same general area of the source but at a sufficient distance such that the noise source is inaudible. SECTION 3. Section 8.40.040 of the Huntington Beach Municipal Code is hereby repealed. SECTION 4. Section 8.40.0 0 of the Huntington Beach Municipal Code is hereby amended to read as follows: A. The following exterior noise standards shall apply to the applicable land use. It shall be unlawful for any person at any location within the incorporated area of the City to create any noise due to a Fixed Noise Source (or any mobile source not pre-empted by state or federal laws), or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the Noise Level when measured at the property line of any residential, hotel, motel.,public institutional, recreational, or commercial property, either within or outside the City, t exceed the applicable noise standards: r 20-9015/238623 ORDINANCE NO. 4222 Exterior Noise Standards Leq Noise Level Lmax Noise Level Land Use � Time Period dl3A dBA Low-Density 55 75 7 a.m. - 10 p.m. Residential 50 70 10 p.m. - 7 a.m. Medium-, High- 60 80 7 a.m. - 10 p.m. Density Residential, Hotels, Motels 50 70 10 p.m. - 7 a.m. Schools 55 75, Hours of Operation Hospitals, Churches, Cultural, iMuseum, 60 80 Hours of Operation Library, Public Park, j Recreational Commercial/Office 65 85 Hours of Operation r B. The above standard does not apply to the establishment of multi-family residence private balconies and patios. Multi-family dev ' opments with balconies or patios that do not meet noise standards are required to provide occupancy disclosure notices to all future tenants regarding potential noise impacts. % C. The above daytime (7 a.m.X 10 p.m.) standards for hotels, motels and commercial uses shall apply only to active outdoor use areas such as a pool or outdoor courtyard. D. In the event the alleged offensive noise consists entirely of impact or Impulsive Noise, Simple Tone noise, speech; music, or any combination thereof, each of the above Noise Levels shall be reduced by 5 dBA.� i E. If the alleged offense affects a property outside the City's jurisdiction, the exterior noise standards shall be enforced at the City boundary. i I.. In the event the measured ambient Noise Level exceeds any of the noise limit categories above, the noise limit shall be increased to reflect said ambient Noise Level. G. In the evene,that the noise source and the affected property are within different land use categories, the noise standards of the affected property shall apply. i SECTION 5. Section 8.40.060 of the Huntington Beach Municipal Cade is hereby r repealed. SECTION 6. -(Section 8.40.070 of the Huntington Beach Municipal Code is hereby repealed. 20-9015/238623 ORDINANCE NO. 4222 SECTION 7. Section 8.40.080 of the Huntington Beach Nounicipal Code is hereby repealed. SECTION S. Section 8.40.090 of the Huntington Beach NlunicipaI Code is hereby amended to read as follows: i i 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 peri nit 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 cquipment-used, related to or connected with emergency machinery, vehicle or City work or their hire contractors. D. Noise sources associated with construction, r6pair, 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 7:00 p.m. and 7:00 a.m. on weekdays; including Saturday, or at any time on Sunday ior a federal holiday, and provided that average construction Noise Levels do not exceed 80 dBA Leq at nearby Noise-Sensitive land uses. If outdoor construction activities are deemed necessary after 7:00 p.m. or before 7:00 a.m., average construction Noise Levels at nearby Nois�Sensitive land uses shall be limited to 50 dBA Leq. E. N9obile noise sources associated �4ith 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. F. Noise sources associated with/the maintenance of real property and use of Domestic Power Tools provided said activities take place between the hours of 8:00 a.m. and 7:00 p.m. Noonday through Saturday or be veen the hours of 9:00 a.m. and 6:00 p.m. on Sunday or a federal holiday. Noise from typical and occasional property maintenance and the use of Domestic Power-tools which does not require a building pennit shall not be subject to the noise limits in 8.40.090(D). G. Leaf Blower noise shall be governed by Section 8.40.095. Fl. Any activity or eq iipment to the extent that design regulation thereof has been pre-empted by state or federal laws. 1. 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. J. Noise generated outdoors by business operations which are temporarily prohibited from occurring indoors dudto City-declared emergency conditions. ']'his applies only to City- approved businesses whose operations would typically occur indoors. Noise generated by Sound Amplifying equipment such as stereos or megaphones is not exempt. SECTION 9. .Section 8.40.100 of the Huntington Beach Municipal Code is hereby amended to read as follows: i 20-9015/238623 ORDINANCE NO. 4222 It shall be unlawful for any person to create any noise which causes the Noise Level at any school, hospital or church while same is in use, to exceed the noise limits specified for exterior noise standards in Section 8,40.050. or which Noise Level unreasonably interferes with the use of such institutions or which unreasonably_ disturbs or annoys patients in the hospital, provided conspicuous signs are displayed in three separate locations within one-tenth;of a mile of the institution indicating the presence of a school, hospital or church. SECTION 10. Section 8.40.110 of the Huntington Beach Municipal Code is hereby repealed. SECTION 11. Section 8.40.111 of the Huntington Beach Municipal Code is hereby amended to read as follows: A. Notwithstanding any other provisions of this chapter and in addition thereto, it shall be unlawful for any person to willfully make or continue,.6r cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. B. The standard which may be considered in determining whether a violation of the provisions of this section exists may include, but not be limited to. the following: 1. The level of the noise: 2. Whether the nature of the noise is usual or unusual; 3. Whether the origin of the noise is natural or unnatural; 4. The level and intensity of the background noise, if any; 3. The proximity of the noise to residential sleeping facilities; 6. The nature and zoning pf the area within which the noise emanates; 7. The density of the inhabitation of the area within which the noise emanates; 8. The time of the dawand night the noise occurs; 9. The duration of the noise and its tonal content; 1 10. Whether the noise is recurrent, intermittent or constant; and 11. Whether the noise is produced by a commercial or noncommercial activity. SECTION 12. Section 8.40.112 of the Huntington Beach Municipal Code is hereby amended to read as follows: It shall be unlawful for any person to: A. Use, operate, or permit to be operated any radio, receiving set or device, television set, musical instrument, phonograph, digital music player, CD, DVD, tape player,juke box, or other sound-amplifying device for producing or reproducing sound in such a manner as to disturb the peace, quiet, and comfort of other persons. 20-9015/238623 ORDINANCE NO. 4222 B. Make or allow to be made any noise which continues for more than a five-minute period between the hours of 10:00 p.m. and 7:00 a.m. if such noise is audible for 50 feet or more from the source of the noise. C. Maintain, manage, or control any business or residential property in violation of subsections A or B of this section. D. When within 200 feet of residences; load, unload, open, close or other handling of boxes, crates, containers, building materials, refuse handling or similar objects between the hours of' 10:00 p.m. and 7:00 a.m. in such a manner as to cause a noise disturbance across a Noise- Sensitive property line. This includes, but is not limited to; noise disturbances related to commercial delivery operations, vehicle idling, vehicle queuing, vehicle backup alarms, and vehicle refrigeration equipment. E. Repair, rebuild, modify, or test any motor vehicle, motorcycle, or \•Motorboat in such a manner as to cause a noise disturbance across a Noise-Sensitive property line. P. Operate, play or permit the operation of any Sound Amplifying equipment in any place of public entertainment at a Sowid level greater than 90 dBA as read by the slow response Oil a sound level meter at any point that is normally occupied by customers, unless a conspicuous and legible sign is located immediately outside of near the public entrance stating, "Warning: Sound Levels Within \May Cause Permanent I-fearing impairment." G. Sound or permit the sounding of any amplified signal from such as a bell, chime, siren, whistle, vehicle horn or similar device, intended primarily for non-emergency purposes which causes a noise disturbance across a Noise-Sensitive properiv line. Devices used in conjunction with school and place of worship shall be exempt from this provision. 1-1. Operate or permit the operation of any Motorboat in such a manner to cause a noise disturbance across a Noise-Sensitive property/line. 1. Operate or cause to be operated' any motor vehicle or motorcycle not equipped with a muffler or other sound dissipative device in good working order and in constant operation. No person shall remove or render inoperative, or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair, or replacement, any muffler or sound dissipative device on a motor vehicle or motorcycle. ; J. Own, maintain, control/operate, take care or custody of, or otherwise provide any premises, and allow noise to continue after being informed, anytime within the preceding 30 days by the Police Department, that a violation of this chapter has been committed on said premises. K. Violations of'this section are hereby declared a nuisance. i SECTION 13. Section 8.40.113 of the Huntington Beach Municipal Code is added to read as follows: 8.40.113 Vibration Notwithstanding other sections of this chapter, it shall be unlawful for any person to create, maintain or cause any operational ground vibration on any property which exceeds 72 Vd13 at nearby Vibration-Sensitive land uses. The vibration limit at Vibration-Sensitive uses with high sensitivity such as operations conducting medical research and imaging shall be 65 VdB. 20-9015/238623 ORDINANCE NO.4222 SECTION 14. Section 8.40.120 of the Huntington Beach Municipal Code is amended to read as follows: A. The Director of Community Development ("Director") or Police Chief and his or her 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. B. If the director or Police Chief and their duly authorized representatives conduct noise monitoring 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 noise monitoring tests or readings. SECTION 15. Section 8.40.1 A of the Huntington Beach Municipal Code is amended to read as follows: A. 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. B. Within 10 days after receipt of a complete application, the director will notify affected property owners within 500 feet of the alleged/proposed noise source of the application for a permit to temporarily deviate from this Code. C. A separate application shall be filed (or 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. D. 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 8.40.1 1 1 of this chapter are satisfied. the permit shall become effective 10 days after action by the director unless appealed as provided herein. E. The director will provide the applicant as well as the affected property owners notice of decision within 24 hours after the decision is made. F. An applicant for a permit shall remain subject to prosecution under the terms of this chapter until a permit is granted. SECTION 18. 8.40.1 50 of the Huntington Beach Municipal Code is amended to read as follows: A. Notice of Appeal. A person desiring to appeal the director's decision on a noise deviation permit shall file a written notice of appeal with the director within 10 days after the director's decision. Notice of appeal shall be accompanied by a fee as set forth in the Citv's current fee resolution 20-9015/238623 ORDINANCE NO. 4222 SECTION 19. This ordinance shall become effective immediatelyi30 days after its adoption. j i i PASSED .AND ADOPTED by the City Council of the Cite of Huntington Beach at a regular meeting thereof held on the day of , 2020. Mayor ATTEST: APPROVED AS TO FOR��I: M I .- . City Clerk City Attorney AAA,,' REVIEWED AND APPROVED: INITIATED AND APPROVED: City ;Manager Community Development Director 20-9015/238623 LEGISLATIVE DRAFT H B M C 8.40 8.40.020 Definitions "A-1veighted decibel (dBAL h 11 mean the overall frequency-weighted sound level in decibels that a12P-L imates the frequency real2Qne Qf the human ear as genre (enter:U the A-weighted network. The reference tressure is 20 nticrQlZascals• "Decibel (dbW" shall mean a unit which denotes the ratio between two quantities which are proportional to power, the number of decibels corresponding to the.ratio of two amounts of power is 10 times the logarithm to the base 10 of this ratio. "Domestic power totrl" means_a ntechanicall}-poered sawv. sander, drill, grinder, lawtt� Warden Iwwer, leaf blow ilar devicdthat is u�d it e idential areas foo 2sim iwLQ k that is tya call y or for resideru al-Q_ccul2ait "Equivalent Continuous Sound Level (I�e al mean the value of an equiva�e� �iteady sound level which, in a stated time period, has the same sound energy as the time- var inY sound. Thin, the e 1 metric is a i11 numerical vahre that rcr re ents Ahe equivalent amount of variable 3swmd energti received at a location over theaU2cified duration. `Fixed noise source" shall mean a stationary device gr pill[ ogee which creates sounds awhile Fixed or motionless, including but not limited to, industrial and commercial machinery and equipment, pumps, fans, compressors; generators, air conditioners and refrigeration equipment Q an area 5Qurce such as a spgSL l'event oti a prgRerty. That is, all sources that are non-mobile_ trap t22rtation source�(e.g,-v&Lg1e traffic on u�l_ic road nd aircraft . " m nilsive noise" shalt mean sound of short duration, a uallwylless than one second with an ahnint onset and ragid�decay. tndustri Prtitter-4ti•=5ti<a#1-inear a paFeel of real property-which is developed and +sect tttpatt-er-t+t who#e-for-mamrfaettx+ig part>ases + h+<#tng-reseted development blower` shalhmeanany. rnrwhine. however pox ujed a ed to blow leaves, dirt and t4 her debi_s off sidewalks, driveway, lawns and the surfaces. _Ai taxitnum Sound Level (Lmaxl" shall mean the highest RiL,IS sound level measured duidng the nteasurerile_nt # eri d. "lYtotorboat" shall m erate5 Qn water and which i -aQp- led motor, irieluding but not limited to, boalsJtLar es. amphibious craft. water kit wing devic 'and hover craft. ":Noise level" shall mean the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micropascals (micronewtons per flare meter). The unit of measurement shall be designated as db(MAM. "Noise-sensitive land uses" shall mean residential, ]totels, motels, schools, hos i�tat churche , cultural land uses. IZihlic ark recreational, and the active outdoor use areas of commercial agd�ffce u e uch as coumardsLlndustrial and manufacturing des are not cgti-idered n i e�ensitive. "Parcel" shall mean an area of real nronerty, xvgh a se crate r d tinct number or other designation shown Qn a plat recordeci in the office of the_CQunty Recorder. Conti tg tous parcels owned by the air individual or entity hall be considered one parcel for Ru_rnoses of this sectiQt. "�-rtvi�itinnett p tone noise" shall mean a noise characterized by a predominant Frequency or Frequencies so that other frequencies cannot be readily distinguished. In case of dispute. a sitttOe Qie noise shall_csi is if the one-third octave band sound pressure level in"tlie and with the tone exceeds the arithtttetic average Qf the ts4 uid p giQts onc- third octave bands by 5 di3 for center frequencies of 500 Hz and a "ve and b for center_fre uencies between 160 and 400 H-r. and by 15 — d f r center frequencies leis than or — "Root-mc_in:-�-(luare sound level (R\ISl" shall mean the square root of the average_of the ,quare of the soun essurc over the mcurement Seri d. and ampl tying LuiRment" shall mean an machine or device for the ampl_tficati n f the human N ice, music, or any other sound, e,-%_cluding standard automobile stereos when used and heard only Lihe c pants_Qf_th_e vehicle and as used in this chaffer gaming devices on authorized Liperg grey If or hon_t_s4r other warning devices prop in vehiclevehicle used for traffic safety-pumoge=L f "Sound pressure level" of a sound, in decibels; shall mean 20 times the logarithm to the base of 10 of the ratio of the pressure of the sound to a'ftic reference pressure f 2 ttticr-Q a cal .-which +efxenee-prey -ems shall be enplic-iNrstat4- "Vibration decibel �VdB)" shall mean a-ineasure of vibra�i csnressed on a logarithmic scale with the reference velocity of 1 micro-inch der second (Is 10-6 i,kLq h — — - — "Vibration�enjifive use" shall mean residential hotels, motels school hospitals and medical offices with vifration-sensitive equipment, churche�,_ctiltural land uses, commercial,Qffice and governtnent a es. utdoor areas with n uilding and i,ndustrial and manufacturin bration yen is tive -- J i 8.40.030 Noise Level Measurement Criteria z Any noise level measurements trade pursuant to the provisions of this chapter shall be performed using a sound level meter which meet3_at ]--cast American_Nati pal tandard_a institute A,v Tv_m2 standards. or sirnilaedeviee that aeeurately-nw-asures ;else-levels an data-tlu ' ^ ' i stratve- ,r ' ^ ' a Sus. While the of preduEes at ay be used ' ^4t dieial>reeeedi g exterior noise standards in 8.40.050 are applied to the p Ztiv line the receiving tom, the locatiodfor 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 and shall be at a height of at least 4 feet, at least 4 feet awav from reflective surfaces, and for a duration of at least 15 minutes, where feasible. The measurement shall remade a in, tlg is r�weighting network l�ul_(a} Al with "slow" meter re�nonse. lm ive r i impact noises shaIL12g measured using fast" meter response. The numase of the measurement is to determine if the alleged 11 c violation exceeds the standards estalZli hod in 8.40.050. if PQr any reason the aped offendin n i e Cann t_ e turnecI-Q-ff,shut down or teml rarity removed from the area then the am ient noise shall be estimatee lzerf rming a representative mcagrement in the same general area of the source ut at a suflicicnt di�tancc such that the noi source is inaudible. 8.40.040 Designated Noise Zones Thert>rat3ert e -hereinafteFdeser lit whether-withins3-w-itltettHHe City-are-hereby. ss g+zEJ to the-foNew+ng�+se-renes; A. NE)iSe?enel tt1residentialprepertes: {3r'va+se-F_-ene-�—r�l l-}xofessiona l-office-=rn<I-l�lic-++}stiit+tiatal-�rot3e roes: C. !-prepet ties-with,.,p Pz Pp6errof-prefessienal efl+ee-p>reperlies �. ?else lone ^ "' '�roperties 8.40.050 Exterior Noise Standards A. The following exterior noise standards-ctnlessether-wise-spceiPeally-indiGated, shall apply to aN resfdent+al-property with' a��: onated-noise-zene the applicable land use. It shall c unhm ful f r an}_ er eat any location within the ineorRg ated area of tile�hvt4 create anv noise due to a fixed noiserce r anv m2�le source not Rre-em_ lZfed [?, Mate or federal la�rsl, or to allow the creation of any noise on �lZerty owned. ]eased 'ecupicd, or otherwise eQntr911ed--by such 12-ers n, which causes the nQi c level .when meaalrejI at the nrQj2erlw line Q anv re idential, hotel, motel a lie institut4nal. recreational Qr commercial pEQRert�cither within or outside the�it j to exceed the pphcable noise standards Exterior Noise Standards Noise-zo,ne j Noise Level 'Pi me-Reriwl � 1 �3-elb(ft-) fie 3 CB db(A Anytinte 4 / 30-<lb(-r4� rinytinte r 1 Leq Noise Level Lmax Noise f e, ��el Lal dF3A d A Time LcmQ-d Low-Densih 55 72 Z_�i-1Q Rm Res-idential� jQ 2Q DQ p.m. - 7 a-m. Ndedium_,_High- _0 A4 aen 3 Residentia_I_, FlgtelMQcl� cho I » f lI ur f cr>z atioti E-Iosl ital�,�'Iturchcs � -Cultural. Musetntt, Li rtr. Pt�lic Park �—� $_4 i 1 IQurs of O eraat Qn Recreational mmercial fficc Ld -85 F[ uo rs ofQperation 13. "rho above standard does not apply to tile"establishmcnt of multi-family residence private balconies and patios. Multi-family developments with balconies or patios that do not meet C—W46 n i e standards are required to provide occupancy disclosure notices to all future tenants regarding potential noise impacts. // C.The above daytime (7 a_m�o.m.) standards for hotels, motelQatw commercial uae5jialhaaRy nly_ to active outdoor use are,a ich a p or outdoor courtvard. {3 In the event the alleged offensive noise consists entirely of impact 2LJM ttl,ivc noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by 5 4" dt3A. L. If the allegedOffense,a�cts a I rnlZert,_Qt+tsidc the Cityyjuri�diction. the e_�terms aw-ae standards shall be enforced at the (wit undarL F. In the event the measured amllient noise level esceed any of the noise limit categQ a ve the tiQi c limit shalf be irtcrcaLed to reflect laid ambient noise level_ --CI_In the event that the noise source and the affected I i=v are y itW11 different land_ use cate rie the noise standards of the affected tZ41tall aR�l} A. It-s-hall be uniawfulfor-Any-per lee<.t+on-within flie inee FPoreted i_e� er-,.. 4+e-i v4ia ere Ate any rem,;-ee-ftlfew tfieeF-21 iRR Rf Snr+te' 1-1 A a Fez �, r�thet�v}se eefnra ed-bv such per,.n, ..mac the-+to+se le l n;t+re ent Al-pt+blw nstiit+tie+t�l, ��s o es.: mereial-©r-industf41-prope tyv either within-or-withet+• ee eee l t tandardsi i "of-:+-ee+n;ulAtive per ied-et=more than minutes-in-any-het+r Ve db(A) � n.:, e period eFn 2pInS- tiV ier2-fflAn-.5 minutes in "+ti-r79t+fi 4 in at I oa; er,/' b. PI US -,n dlb( ) FeF m+y-perie"f time m e,-vef4-the-ambiefit-ne 5&4evel exceeds-any-er r r lilt• r-+te+se-hill it-c-ateaories-above- the-em,aulative perioEMpp}ic^`-.le-to said eategery-sha}I-be-increased-:^ ^'o.�#eet-sa d anrbielTH3eise level n the eveiit the m ibient noise level +e f+fttrneise-Iim,t-eategory, he-+rifixiranrallewable-noise eate�errsltall-be-+nto t t,te-ntatiln3n+nzt; •^•�,�ne;;,a,.!-Yet, i The roll... lerd!^ 'r,...11.. .,.1.i .1�,:lr+g-ttols�stea;�.��.,rless-oth:,r;v+se-s ^;,c-atecl-steal}_a�}�,_toz3}}_red} propertrwitlri+ra-clesig+iatecl-++oise=gene: f�' Ir+terior�Noi"inndards F leise-7_t+++e ?:else Level % T-i+ne-Reriotl lb{A) ✓ a +n—f9}r+rt 2 3 4 d1)(T1) tlnyti+ne .he l3:-1+;- veat-t„�a„oecl-offensive-+•^ �,�o,:sist;tatirely-of-inr}rt.^• .,�s;nt}rle-te+te-ne+se; ^^e it, Masio-er-anv ee+nbinatierrthereof.eae the above ne:se-levels-shall `e revved b, lieve-db(A)1 A.it-shall-be-t+nlaw4il lor�+ny pe sow Y�ithitrthe-ineorpaFated fire a eE the-Gity-to Brea flow tile e ear many Heise on preperty owned, leased,aellpied, OF-ethery-ise eentr fled by site e.^^.. ... es .h ..,.is- level ...he.. mearmed .. il4n-atw- e� a tire-o+t-any residential;pt+bl c nstitt tieltel or in tstriabpreperty-io-e' coed= --r.,e„a,se-standard-forte;-eunto,at .e pe roclef-+Wore-than -tnty- ; '. The lie ise-staltda�#s-pl ^ r..^ F -eantolative-per-ied e +:tore ill R-one-tni+ttte n arty-homer- 3. i "!'he noise aFd PI US 10 AIM ter ally^.,.-y l3eried 1 ef-titne- .. .I:o .....h'�. a hoer of the limit 13—Itt-tl+e-eae+n- �,_,�.,�,�.tt-+toise-level-ex^�s-�.t.,��of the the-et+tnnlat+ve per-led aj>l�keable-te-sakk ^ ^'a brinereased�^-tea nlr ent-noise level F+t the eve t• II. a bier Hteise le•tl �d-nh� h rc' seise !ewi the m...:... Wi ,... Biee n able n ,el-mAer said-ca� WN el. C—; ael:^` 'R se lin+its-spool(ed abo'^ " be redaced-by fwe db( t� €er+nrpnet or i r-for noise.ion -I.:ig of speech-e-m—,-- n��.�!.hd,eve+tt-that-the noise SOUFee Old tile-affeetec property fife w ihi+t-different-noise-zenes-the e nois sia ..d!+H#. ^ of tR shall-apple 8.40.090 Special Provisions fC. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or"itk work Qr their hired contractors. 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+00 Z.M p.m. and 7:00 a.m. on weekdays; including Saturday, or at any time on Sunday or a federal holiday a, nd r vided that average c -ruction noise Icvels do not exceed 80 dl3A I eq at near v it -sensitive land uses If outdoor constriction activitic�are deemed necessary after T p.m. or before 7:00 it. ij, eragc= ns_truction noise levels at nearv_ _f n i e-sensitive Ian( esShall be limited to 50 dBA l..eq. t_���b!t}teclx+n cal der+ee�zaPpttratus or eEtt tt�+aeut �vlriehz+re t+t+li fa:the prateetie ror 4+uwest ofagriet+4t++++l�rcaps slur ugy3eriocls-of-{toteuttal o+zaual-Rest-Ela for ethemadverse-weather conditions, 1 —,4labile-ttei a+:ee�-ass;eietecl with +gFicultu "' /e ded such ^ ^,:ens-do-not ebet", en the-hours �":^ �kda n te4udin S+k+-lay eFaian on,Spies a" / ys- g )`tune o+t�undr•�a-.�r�,'�ab-l+ali<ley- 1-I. Noise sources associated with the ntaintenancc%of real property and u�e dQnestic 1 wer LQ_Ql provided said activities take place between the hours of 8:00 a.m. and "0 TOO p.m. Em-imf—day exeeljt Sn+xl+y�1Qncia�_throu�h Saturdav or between the hours of 9:00 a.m. and 6:00 p.m. on Sunday or it federal holiday. Noise from htlZcal_and (Lca al-al. }?fir IZcrty maintenance and the use-Qf d�nestic I tZ r tQQI which does not require-a uildin« permit-ahall nQt IZe +l7jcc[ to the nc isc limits in 8.40.09 )), I. Leaf blower noise shall be goverrZby Section 8.40.095. 8.40.095 Leaf Blowers / i1—t>eHniEions. R i +r, tote fellewii icwns-sheN-have-nxa+tings-as-set forth i below 1 "Leaf .l0we. , . ,ar anty-+nrtehine-h.,,.-eVeF POWeFed, used te blew le es, dirt-and ether debris-ofb ',to...alk a.. ..,, i......,; f fld EAheF-st+rft+ees, 2 lzt reel" „pR an ^r ab 1>ropertrwith + separate of distinct ntimbe+--01-00her designationshown-0 recorded In +e offee oFihe-Coartty .' ^.,t g e+�areels ew+re l by the san/ :. i, ffl. eF 2ntity ghfill-be eansidered-one-pared-for-purposes of this C. Special Prohibitions. It shall be unlawful for any person to operate a leaf blower within a residential --_one or within 100 feet of a residential zone of the City of 1-luntington Beach, except under the following conditions l. Time Restriction. Noise sources associated with the maintenance of real property provided said activities take place between the hours of 8:00 a.m. and 8aA0 7.00 p.m.on-any dw, I� Sun4iry Mondav thrQu ,h�aturdav or between the hours of 9:00 a.m. and 6:00 p.ni�on Sunday or a federal holiday. i /2. Distance Restriction. Leaf blowers shall not be operated within a horizontal distance Hof 10 feet of any operable window, door, or mechanical air intake opening or duct. 3. Duration of Use Restriction. Leaf blowers shall not be operated for more than 15 minutes per hour, per day, on parcels less than one-half acre and no more than 30 minutes per hour on parcels greater than one-half acre up to one acre. Leaf blowers shall not be operated for more than two hours on parcels of one acre or more. 4. Number Restriction. No person shall operate more than one leaf blower per parcel on one-half acre, no more than two leaf blowers on parcels greater than one-half acre and no more than three leaf blowers on parcels greater than one acre or more. S. The maximunm decibel level of 70 db(-1)d_VA as measured 10 feet from the leaf blower shall not be exceeded. 8.40.100 Schools, Hospitals and Churches-Special Provisions It shall be unlawful for any person to create any noise which causes the noise level at any school, hospital or church while saute is in use, to exceed the noise limits specified for exterior noise standards in-Section 4 .M this-chapter, or which noise level unreasonably interferes with the use of such institutions or which unreasonably disturbs or annoys patients in the hospital, provided conspicuous signs are displayed in three separate locations within one-tenth of a mile of the institution indicating the presence of a school, hospital or church. 8.40.100 Air Conditioning, Refrigeration Special Provisions { iff4fi a-ene-yearf9l4ow+nc the ' c ate-of-the-erd++mace ccdif+e l-itrth ehat�ter-the Heise level Land rds-specified in 8 Oft-8.10.050 this<ltapter-shall-be-mere used-by-five-db(X)-5-tIf3R-where the alleged t. . . ' r.•,.,. ��;;e}�,�,,;tt-etr-con�.,t,oa�;g�p fn:;atu a:-re.,:—+atleu-system-wti:eh;vas-.astaNecl-prier ,c2r.cc�-rr e-da levr this-crmfmr 8.40.111 Prohibited Noises A. Notwithstanding any other provisions ofthis chapter and in addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessan, or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. 13. The standard which may be considered in determining whether a violation of the provisions of' this section exists may include, but not be limited to, the following: l. The level of the noise; Z. Whether the nature of the noise is usual or unusual: 3. Whether the origin of the noise is natural or unnatural; 4. The level and intensity of the background noise, if any; 5. The proximity of the noise to residential sleeping facilities; 6. The nature and 'zoning of the area within which the noise emanates; 7. The density-of the inhabitation of the area within which the noise emanates; 8. The time of the day and night the noise occurs; 9. The duration of the noise and its tonal content; 10. Whether the noise is recurrent, intermittent or constant; and I I: Whether the noise is produced by a commercial or noncommercial activity. i 8.40.112 Loud Noises It shall be unlawful for any person to: A. Use, operate, or permit to be operated any radio, receiving set or device, television set, musical instrument, phonograph, digital [nu is 0lavcr, CD, DVD, tape player,iLike box, or other maA4 ie-or sound-atnnlifv�ng device for producing or reproducing sound in such a manner as to disturb the peace, quiet, and comfort of other persons. B. Nlake or allow to be made any noise which continues for more than a five-minute period between the hours of 10:00 p.m. and 7:00 a.m. if such noise is audible for 50 feet or more front the source of the noise. C. Nlaintain, manage, or control any business or residential property in violation of subsections A or 13 of this section. D. When within 200 feet of re5idcnces, load, unl_Qad open, close or other handlingQf boxes, crates, container uilclin materials. refine hlndling or smpjjarghjects et�veen t_he hours t f 1 p.m. and 7:00 a.m. in such a manner as to cause a noise disturbance_across ant 2[4Rerty line. "This iticlu_dcs, but is not limited to, r�i�e_dsturbances related to mercial deliveryQrations, vehicle idling, vehicle queuing, vehicle acip alarms,an�1 vehicle refrigeration equipment. F. Rc ZI air, rebuild, modify, or test an^ri- Qr vehicle, motors}:cle r m t r at in such a manner as to cause a noise disturbance across a noise-sensitive pr421 cnjy line. F.--Qperate, Rlav r Qcrntit the otieration of any sound amplifving_equipment in amp place Qf public entertainment at a soun_d_level greater than�dt A a ready the slow regj n$e on a Sound ley-el meter at anLjQint that is it rnrall � seal i� ed kZv customers. unl as_a�ptcuous and legible�ign ilocated immediately outside of near the u lie entrance tatingarnin and_ I,evcJL\%1 thin A4a3L iw& 3e_nnanent Hearing ImFirment." und or �enni_t_[hc soundingaf_anv aml l� ified signal from such aka ell chime jiccn, whistle., v homorsimar vice intended a mar mc�Zc � whch causes a noise disturbance across a noise-sensitive prQpety line_I evicts used in conjunction with school iutd lzl_acc Qf worship shall e escmpt from_this provision. F1--QIz ate-qr permit the-Qagation of anwjm2tQrboat in such a panner to cause a noise di fur ance across a.noise-sensitive 2mf) rtv line. T. Operate or cause to befit natcd any motor vehicle or motorcycle not ecfuipRed with a Muffler or other sound�di illative device in good workingQrder and in constan�peragm \'o Berson shall remove or render inoperative or cause to be removed or rendered_inogerative,9thcr than for furl tseLQ-f_m__aintenance, rc air c_>r reams_ gnicntytn n. iuffler�r u_n dissi[L?�'e device gn a motor vehicle or motorcycle. 8J. Own, maintain, control, operate, take care or custody of, or otherwise provide any premises, and allow noise to continue after being informed, anytime within the preceding 30 days by the police Department, that a violation of this chapter has been committed on said premises. 1;7K. Violations of this section are hereby declared a nuisance. 8.40.113 Vibration Notwitltstanch lz other sections of this chapter. it shall be unlawful for arty Ret n to create ' maintain.Qr cause an}L-Q2eratL al ground vibration on and r erty which exceeds 72 Vdl—t nearby vi2rati4n-sensitive land uses. The vibration limit at vi ration-sensitive uses with hi h sensitivity such as o12 nations conducting medical resea_r_ch and imaging-hall be 65 Mlle l 8.40.120 Manner of Enforcement A. The Director of 124anning-and-44+lding Community Develgl ment (';director')or Police Chief and his or her 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 336.5 to arrest any person without a warrant when they have reasonable cause to believe that such person has committed a misdemeanor in their presence. 13. If the director or Police Chief and their duly authorized representatives conduct db(M n i e monitoring tests or other noise nteasuretuent readings for purposesof 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) noise monitoring tests or readings. C. 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 or her duty. D. In lieu of issuink a n rice of vioIaLLQLI r citation as dZr�ided for in Section .� .l the director or Police Quef or other official nsible f r enforcement cZf any r vi i n4f this dance may issu_c_an order reguiriti> a atement any source of s and r vi ration alle red t he in violation ot.this ordinance within a spizcified time >Zeriod. An abatement order sha_II n t c ssued_for am persons knowingly 1 dating the nrovisi2ns of thi�cha t)� er Qr when the enforcement of_ftcial has reason to believe that there will not IZe c mnliance with the abatement order. i 8.40.130 Noise Deviation Permit Process A. 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 minimum, the need to deviate from the noise level produces a greater benefit to the community whichbutveighs the temporary increase in noise level above the requirements of this chapter. Q. Within 10 days after receipt of a complete application, the director will notify affected property owners xvithin 300 U feet of the alleged/proposed noise source of the application for a permit to temporarily deviate front this Code. C.,' A separate application shall be filed for each noise source, provided, however, that several ntobilc sources under common ownership, or several fixed sources on a single property may be combined into'one application. D. Upon receipt of said application and fee, the director may approve, conditionally approve or i deny the permit upon finding that the above factors as well as factors included in Section 'b 40.1 1 1 of this chapter are satisfied. The permit shall become effective five lkdays after action by the director Unless'l appealed as provided herein. i� B. The director will provide the applicant as well as the affected property owners notti e'of decision within 24 hours after the decision is made. F. An applicant for a permit shall remain subject to prosecution under the teens o this chapter until a permit is granted. 8.40.150 Noise Deviation Permit Appeals A. Notice of:Appeal. r\ person desiring to appeal the director's deciLoni c dcviation e�iit_shall file a written notice of appeal with the director within five I� 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. i i i� i� , i, i 0 _�a to CITY OF HUNTINGTON BEACH IOU Inter-Office Memo TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: TRAVIS HOPKINS, ASSISTANT CITY MANAGER DATE: November 2, 2020 SUBJECT: SUPPLIMENTAL COMMUNICATION REGARDING AGENDA ITEM 20 (20-1931) - Approve for introduction Ordinance No. 4222 amending Chapter 8.40 of the Huntington Beach Municipal Code (HBMC) titled Noise Control relating to the control of unnecessary, excessive, and annoying sounds and protecting noise-sensitive land uses, ensuring land use/noise compatibility, reducing noise from mobile sources, and mitigating noise from construction, maintenance, and other sources Based on recent developments Staff is withdrawing Agenda Item 20 (20-1931) and will re- agendaize for City Council consideration at a future date. SUPPLEMENTAL COMMUNICATION Meeting Date: //1,/1-ZD ZO Agenda Item No.- .2D r,20— /Clj/}