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Home My WebLink AboutApprove for Introduction Ordinance No. 4222 Amending Chapter .,bi/.zi ApPre v&-b t6rx-, ItnoPnvA-1 -?--0 City of Huntington Beach g1?-/z/ -11WP-a✓en FbP- 1AJ1_P0A1fe7)dA/ 7—p File #: 21-679 MEETING DATE: 9/21/2021 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: Adopt 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 - Approved for Introduction 9/7/2021 - Vote: 7-0 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 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; 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 easier to comprehend and enforce, and meets the goals and policies of the General Plan. Financial Impact: Not applicable. Recommended Action: Adopt 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." Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: City of Huntington Beach Pagel of 3 Pnnted on 9J1&2021 powereVk Leg,star- File #: 21-679 MEETING DATE: 9/21/2021 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. 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 in accordance with the standards set in the ordinance. The proposed ordinance clarifies that noise related to typical or occasional property maintenance not subject to a building permit, including the use of domestic power tools, are not subject to the new City of Huntington Beach Page 2 of 3 Printed on 9/15/2021 oowerc236 Legistar'• File #: 21-679 MEETING DATE: 9/21/2021 construction hours. • Noise Deviation Permit o Construction or activities that will temporarily exceed noise levels may still request a Noise Deviation Permit. The noise ordinance proposes to amend the notification and appeal period language of the Noise Deviation Permit process. Extending both periods of time from five to ten days will make the process consistent with other discretionary permits and allow additional opportunities for public input. While not a revision to the permit process, the application requirements have also been modified for clarity purposes. Applicants will still be required to demonstrate all actions taken to comply with the ordinance, why compliance cannot be achieved, and proposed methods to minimize noise during the temporary activity. These requests are infrequent and staff anticipates that they will continue to be infrequent, limited to one to two per year. • 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 9/15/2021 powerEW7y Legis;ar*m -. /agAkj--46ii � P M_P-4eD J —Q City of Huntington Beach File #: 21-112 MEETING DATE: 9/7/2021 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 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; 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 easier to comprehend and enforce, and meets the goals and policies of the General Plan. Financial Impact: Not applicable. 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 9%12021 ...n r.e47A L r.s-a,-., File #: 21-112 MEETING DATE: 9/7/2021 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. 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 in accordance with the standards set in the ordinance. The proposed ordinance clarifies that noise related to typical or occasional property maintenance not subject to a City of Huntington Beach Page 2 of 3 Printed on 9/1/2021 p we,47;9 Legistar"' File #: 21-112 MEETING DATE: 9/7/2021 building permit, including the use of domestic power tools, are not subject to the new construction hours. • Noise Deviation Permit o Construction or activities that will temporarily exceed noise levels may still request a Noise Deviation Permit. The noise ordinance proposes to amend the notification and appeal period language of the Noise Deviation Permit process. Extending both periods of time from five to ten days will make the process consistent with other discretionary permits and allow additional opportunities for public input. While not a revision to the permit process, the application requirements have also been modified for clarity purposes. Applicants will still be required to demonstrate all actions taken to comply with the ordinance, why compliance cannot be achieved, and proposed methods to minimize noise during the temporary activity. These requests are infrequent and staff anticipates that they will continue to be infrequent, limited to one to two per year. • 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 91 V2021 oo»erA&q Leg,star:v ORDNANCE NO. 4222 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF l-IUNTINGTON BEACH AMENDING CHAPTER 8.40 Of Il-IE HUNTINGTON BEACH iAMU'NICIPAL CODE TITLED NOISE CONTROL WHEREAS, pursuant to Title 7, Chapter '), 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 Implementation 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 and 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 the City Council ofthe City of Huntington Beach does hereby ordain as follows: SECTION 1 . Section 8.40.020 of the Huntington Beach \Municipal Code is hereby amended and definitions inserted in alphabetical order: "A-Weighted Decibel ((113A)" shall mean the overall frequency-weighted sound level in decibels that approximates the frequency response of the human ear as represented by the A- weighted network. The reference pressure is 20 micropascals. "Decibel (dB)" 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 "Cool" 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 (or work that is typically done by or for residential occupants. "Equivalent Continuous Sound Level (Le(l)" 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. 1 21-9475/248108/SFF ORDINANCE NO. 4222 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. "Fixed Noise Source" shall mcan 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, used to blow leaves, dirt and other debris off sidewalks, driveways, lawns and other surfaces. "\laximum Sound Level(Lmax)" shall mcan the highest R\-IS sound level measured during the measurement period. "Motorboat" shall mean any vessel which operates on water and which is propelled by a motor, including but not limited to, boats, barges, amphibious craft, water ski towing devices and hover craft. "Noise Level" shall mean the "A" weighted Sound Pressure level in Decibels obtained by usine a sound level meter at slow response with a reference pressure of 20 nicropascals (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 courtyards). Industrial 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. Contieuous Parcels owned by the same individual or entity shall be considered one Parcel for purposes of this section. "Root-glean-Square Sound Level (RMS)" shall mcan 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 3 dB for center frequencies between 160 and 400 Hz and by 15 d13 for center frequencies less than or equal to 125 liz. "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 vehicles or horns or other warning devices on any vehicle used for traffic safety purposes. "Sound Pressure Level" of a sound, in decibels, shall mcan 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. 21-9475/265231 ORDINANCE NO. 4222 "Vibration Decibel (V(113)" shall mean a measure of vibration expressed on a logarithmic scale with the reference velocity of 1 micro-inch per second (1x10"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. SUCTION 2. Section 5.40.030 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. The measurement shall be made using the A-weighting nehvork (dBA) with "slow' 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 temporarily 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 8.40.050 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, to exceed the applicable noise standards: 3 2 1-9475/26523 1 ORDINANCE NO. 4222 Exterior Noise Standards Leq Noise Level Lmax Noise Level Land Use Time Period dBA BA 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. 1-lotels. Motels 50 0 10 p.m. - 7 a.m. Schools 55 75 Hours of Operation Hospitals, Churches, Cultural, Museum, 60 80 Hours of Operation Library, Public Park. Recreational Commercial/Office 65 85 Hours of Operation B. 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 noise standards are required to provide occupancy disclosure notices to all future tenants regarding potential noise impacts. C. The above daytime (7 a.m. — 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. E. IFthe alleged offense affects a property outside the City's jurisdiction, tile exterior noise standards shall be enforced at the City boundary. P. 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 event that the noise source and the affected property are within different land use categories, the noise standards of the affected property shall apply. SECTION 5. Section 8.40.060 of the Huntington Beach Municipal Code is hereby repealed. SECTION 6. Section 8.40.070 of the Huntington Beach Municipal Code is hereby repealed. 4 2 1-9475/26523 1 ORDINANCE NO. 4222 SECTION 7. Section 8.40.080 of the Huntington Beach ?vlunicipal Code is hereby repealed. SECTION S. Section 8.40.090 of the Huntington Beach \141-inicipal Code is hereby amended to read as follows: The following activities shall be exempt fi-om 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 lawfully permitted 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 City work, including City contractors. D. Noise sources associated with construction, repair. remodeling, or grading of'any real properly, provided that: (i) the City has issued a building, grading or similar permit for such activities: (ii) said activities do not take place between the hours of' 7:00 p.m. and 7:00 a.m.. Nlonday through Saturday. or at any time on Sunday or a Federal holiday. and (iii) the average construction Noise Levels do not exceed 80 dBA Ley at nearby Noise-Sensitive Land Uses. If outdoor construction activities are permitted by the City after 7:00 p.m. or before 7:00 a.m., the average construction Noise Levels at nearby Noise-Sensitive Land Uses shall be limited to 50 dBA L.eq. E. Nlobile noise sources associated with 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. P. Noise sources associated with the maintenance of real properly and use of Domestic Power Tools provided said activities take place between the hours of 8:00 a.m. and 7:00 p.m. \Monday through Saturday or between 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 permit 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. 1-1. Any activity or equipment to the extent that design regulation thereof has been pre- empted by state or federal laws. L Noise sources associated .with temporary public or private events located on private or public property, provided that a permit has been obtained from the City. J. Noise generated outdoors by business operations which are temporarily prohibited fi-om occurring indoors due to City-declared emergency conditions. This 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. 5 21-9475/265231 ORDINANCE NO. 4222 SECTION 9. Section 8.40.095 of the Huntington Beach \Municipal Code is hereby amended to read as follows: 8.40.095 Leaf Blowers A. Unlawful to Propel Debris Beyond Parcel Boundary. It shall be unlawful for any person to use or operate any Leaf Blower in such a manner as to blow, dispel or make airborne, dust, leaves, grass cuttings, paper, trash or any other type of unattached debris or material, beyond the parcel boundaries of the parcel being cleaned, unless the consent of the adjoining owner or person in possession is obtained. It shall be unlawful for any person to use or operate any Leaf Blower within the City in such a way as to blow leaves, dirt and other debris onto the public rights- of-way or private property and to allow such debris to remain there in excess of 30 minutes. B. Special Prohibitions. It shall be unlawful for any person to operate a Leaf Blower within a residential zone or within 100 feet of a residential zone of the City of Huntington Beach, except under the following conditions: 1. Time Restriction. Noise sources associated with the maintenance of real property provided said activities take place between the hours of S:00 a.m. and 7:00 p.m. w1onday through Saturday or between the hours of 9:00 a.m. and 6:00 p.m. on Sunday or a Federal holiday. 2. Distance Restriction. Leaf Blowers shall not be operated within a horizontal distance of 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 Lcaf 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 Blower on parcels greater than one acre or more. 5. The maximum decibel level of 70 dBA as measured 10 feet from the Leaf Blower shall not be exceeded. SECTION 10. Section 8.40.100 of the I-luntineton Beach \Municipal Code is hereby amended to read as follows: 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, including, unreasonably disturbs or annoys persons at a school, hospital or church, 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 11. Section 8.40.110 of the Huntington Beach \Municipal Code is hereby repealed. 6 2 1-9475/26523 1 ORDINANCE NO. 4222 SECTION 12. Section 8.40.111 of the Huntington Beach Municipal Code is hereby amended to read as follows: A. It shall be unlawful for any person to willfully make or continue, or 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 13. In determining whether a violation of the provisions of this section exists; the City will determine: 1. The level of the noise: 2. The level and intensity of background noise, if any; 3. The proximity of the noise to residences: 4. The zoning where the noise emanates; 5. The density of the area within which the noise emanates; 6. The time the noise occurs: 7. The duration of the noise and its tonal content; and S. Whether the noise is recurrent, intermittent or constant. SECTION 13. Section 8.40.112 of the Huntington Beach Nlunicipal 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. 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 from the source of the noise. C. N4aintain, 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 matmer 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 \4otorboat in such a manner as to cause a noise disturbance across a noise-sensitive property line. 7 2 1-9475/26523 1 ORDINANCE NO. 4222 P. Operate, play or permit the operation of any Sound Amplifying equipment in any place of public entertainment at a sound level greater than 90 dBA as read by the slow response on 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 Hearing Impairment." G. Sound or pennit 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 property line. Devices used in conjunction with school and place of worship shall be exempt from this provision. 1-I. Operate or permit the operation of any \Motorboat in such a manner to cause a noise disturbance across a noise-sensitive property line. I. 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 any premises/property where noise continues after being informed, anytime .within the preceding 30 clays by the Police Department or Community Development Department that a violation of this chapter has been committed on said premises. K. Violations of this section are hereby declared a nuisance per se. SECTION 14. Section 8.40.1 13 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 VdB 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. SECTION 15. 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 violated a provision of this Chapter 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 proposes of enforcement, and the Noise Level is found to exceed the noise levels in this Chapter, the property owner or the operator of the noise source shall be required to pay the City's cost of the noise monitoring tests or readings. 8 2 1-94 75/26523 1 ORDINANCE NO. 4222 SECTION 16. Section 8.40.130 of the Huntington Beach Municipal Code is amended to read as follows: A. An application for a temporary permit to deviate from this Chapter ("Noise Deviation Permit") shall be submitted to the Director with all prescribed information and fees. In part, the application shall set forth: (i) all facts regarding the request for deviation; (ii) all actions the applicant took to comply with the provisions of this Chapter; (iii) the reasons why compliance with this Chapter cannot be achieved; (iv) any proposed methods to minimize noise during the temporary activity ; and (v) any such additional information the Director may require. 13. Within ten (10) days after receipt of a complete application, the City will notify. all property owners within 300 feet of the proposed application. C. A separate application shall be tiled 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. D. In all cases, the Director shall process the application in compliance with the California F..nvironmental Quality Act. E. The Director may approve, conditionally approve or deny the Noise Deviation Permit no sooner than twenty (20) clays after notification was provided to property owners within 300 feet of the proposed noise source of the application. In acting upon the application, the Director shall weigh the factors set forth at Section A above, and those set forth in Section 8.40.1 l 1 of this Chapter. F. The Director's decision on the permit shall be served by mail upon the applicant and all property owners within 300 feet of the proposed noise source. The Director's decision shall be effective eleven (11) days after the mailing ofthe decision unless an appeal is filed. . G. An applicant for a permit shall remain subject to this Chapter until a permit is granted, and all rights to a hearing and appeal are exhausted. SECTION 17. Section 8.40.1 50 of the Huntington Beach Municipal Code is amended to read as follows: A. Appeal Process. 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 ten (10) 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 and shall follow the hearing requirements in Chapter 248 of the Huntington Beach Zoning and Subdivision Ordinance. SECTION 18. Section 8.40.180 of the Huntington Beach iv4unicipal Code is hereby repealed. 9 2 1-9475/26523 1 ORDINANCE NO. 4222 SECTION 19. This Ordinance shall become effective immediately 30 days after its adoption. PASSED AND ADOPTED by the Citv Council of t e City of' Huntington Beach at a regular meeting thereof held on the 4/ day of_ fx ?02 o Mavor ATTEST APPROVED AS TO PORNI: City Clerk City Attorney It �Il � %E�YRi� �\PPROVED: INITIATED AND Al I ROV'O: \1 Cite \ganager Community Development Director 10 2 1-9475/26523 1 Ord. No. 4222 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) L ROBIN ESTANISLAU, 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 September 7, 2021, and was again read to said City Council at a Regular meeting thereof held on September 21, 2021, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Peterson; Bolton, Delgleize, Carr, Posey, Moser, Kalmick NOES: None ABSENT: None ABSTAIN: None I,Robin ESIMiSIM,CITY CLERK of the City of Huntington -- Beach and es-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Orange County Register on September 30,2021. In accordance with the City Charter of said City. Robin Estanislau, City Clerk City Clerk and ex-officio Clerk Deputy Cin•Clerk of the City Council of the City Of Huntington Beach, California LEGISLATIVE DRAFT HBMC 8.40 8.40.020 Definitions weighted decibel (dBA)" shall mea)-the overall frequency-weighted sound level it decihel5that approximates the frequencv response of the human ear a5jrep g entcd try the A-weighted network. The reference micr a cam "Decibel ((IhU)" shall mean a unit which denotes the ratio between two quantities which are proportional to power; the number of dQecibels corresponding to the ratio of two amounts of power is 10 times the logarithm to the base 10 of this ratio. "Domestic power_1L mean a in h, ically-powered saw, sandg i1j grinder lawn r garden tool snow blower leaf blower or similar device that is used in residential area�fQr w r ha_t i , call+�d ne v or for residential Q, cMjautS. equivalent Continuous Sound Level (Leal" shall mean the value of as et uiva e t t�eady sound level kvliich, it a at-ated time period, has the same sound energy as the_CLme- v_arXikig sound. Thus, the I eq metric is a single numerical value that re rescnts the equivalent amount of variable sound energy received at a location over the�tZecified durati n "Fixed noise source" shall mean a stationary device aLpgjnt 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 an area source such as a special event on a property That is, all sources that are non-mobile transportation sources (e.g . vel7icJe�raffic�n Rubhc roads and aircraftl. "Impulsive noise" shall meanund of short duration, usually less that[ glte second an abrupt onset and rapid decay. I.r..dustt i0 PF(Jpe vy" shall mean ., .,.neel of .etil property s,d ieh is developedin .... z ... . f ..,. _ a i .., ., uses b "Leaf blower' shall mean any machine, however po+vered used to blow leaves, dirt and other debris off side\yatL"Li!N'e+ways, lawns and other surfaces. "i\4aximumaound Level Lmax " hall mean the hi"he t MS sound level me _trod during the measurement neriod. ".Motorboat" shall mean any vesael +which operates on water and which is iZroRelledal +tea motor, including but not limited to. boats. barges• am h2 ibiot5crafi, 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 d"dBAA. iY2i�c-Sensitive Land Uses" shalll irleattregdentialI hotels, motels, schools, host2ita churches. cultural land uses. public parks. recreational, and th_e active outdoor use areas of commercial and office u e u It as qZ ysirds). Industrial and manufacturing u e$ are not cQn5idered nQi5c sen__itive. 491 "Parcel" shall mean an area of real RrQlZertvwith a SeRarater distinct number or other dkagaz -n-s-hoti•n- a_ulat recorded in the office of the Countv Recorder. Contial>2u5 parcels owned by the-s-ani-e_ilid'iyidual or entity shape considered one parcel for Rurpp-s-e;5 of thi�sectionn "Predontixuxt- 'i a 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 int}Zle tgne tote shall exist if the one-third octave band so m(Iji c�slu'e level in_the band with the lone exceeds the arithinctic av_era cif the un ressure levels of the twQ c to itip-Laus.oge_ third�ctave and ¢ 5 0 for center frequencies of 59Q1_lz and awe and 8 dl3 f r center freyuencie lZeUy qn 1 an 400 Hr and by 15 dB for center fregt encie�l_e��tltan or equal Itl2) Ham. "Root-mean-squarc_Soun_d_level_(1217 uare root of the average-Qjf the s_yuare of the sound pressure over the measurement_RerjZ pond atnizlifvn quipment" shall mean anv machine or device for the amplification of the human voice.inu cor any othcr sound, excluding standard automobile stere when used and heard only by the occupants of the%,ehicle and, as used in this chapter, warning devices on authorised en>e_rgency vehicles or horns or other warning de-vice anvv�tehicle u ed for traffic safety laut'poses. "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 th€reference pressure 4f 2Qrnicr�l a cal FeleFeHee Pressure Shall be eXpl 6ifl)- stated, "Vibration decibel (VdB)" shall mean a measure of vibration expressed on a logarithmic Scale with_the reference velocity of I micro-inch per con5l Ux lei_ ec . "Vi ration-sen-itive use" shall mean residential, hotd,%-jilotels schools. hospitals_aid medical offices with vib ation-sensitive equipment, churches, cultural land uses, commercial office and government uses Outdoor ar-aL�v-ith no buildings and industrial and manufacturin I U es are not considered vibration sensitive. 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 which meets at least American \ational Standards institute (AN 2 ta er similaf de iee that aeeuFately nieasuFPS JR-Al afid .._,.a.,,.,.S data that ..., , be used in .,dtniRiStFatiye ; „ ieiat ..reeeedings. While the exterior noise standards in 8.40.O�Qare_at2ulied t_�the Rr erty line of the receiving� 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 feetg t 1-east 4 feet away from ref]ective surfaces, and for a duratjg_i at least 1S minutes. where feasible. The measut'emen 5_ha_l_l-e_ made usjng cite A-weighting network (dBA,) with _ nl lsveorw impact noises shall be meaS_uresl iattg'`fast" meter response. The purpose of the mea u5 cement is to determine if the alleged noise violation e&ceed�e standards established n 8.40.050. if for any reason tfiealleged offending noise cane be turned oft, s}tutn or 492 t_em{Z2rarily removed from the area, then the astlent noise shall be estimated be performing a representative measurement in the same general area of the source but at a stdficient dunce such that the noise source i inaudi_hl_e 8.40.040 Designated Neke Zones Tle ffepertiL' lie re;••afer-clesei4bed-whethe 3ed-te the G A. Noise Zone 1. �Il-resic{ential proryerties: B. Nefse e ffiee and . blie instittitiOnfil . C lvofse-/_-oev� All-ceFnt»ewe with !h exeeptien ,.f.._ s ss , Ral Offs e,.. .. ., C)—Noise-Zone-d-r111 ' Pi'8pe4:8 8.40.050 Exterior Noise Standards A. The following e�teljQr noise standards: , shall apply tom; residemial pmpei4y within a,, : •• . he a lica le land use. It shall be unlawful for an3_- at any location within the incoMw2 ged a to create an I noise due to a_fixed noise source (or anv mobile source net Rre_emRtcd v state or federal lawsl, or to allow the creation of any noise on m ert_Qwned leased. occupied. or otherwise c-Qntr cL by such person, which cstl�e_the noise level when measured at the p_Maer_ , line Qf any re idential h tel motel,_ u-bl_ic institutional, recreational, either within or outside the City to exceed t�e� lic le nQi�e �v�dard� Exterior Noise Standards Noose Zone Noise Love' Time-Period d Ellr(� 7 a.m. ' 55 d1 (,,N) Anytime 3 69-dh(A) Affyt +ne 4 q"b(-V) Aiv, ++ne 493 Leq Noise I evel I mny_Voise Lev el I anti I�,�e MA — d-UA Time Period Law--Den it 7 a.m. - 10 p.rn Re�idential 5Q U -0- - ant. M_edium-,_I ligi 7 a.m. - Up.rn. Density Residential 1 ktdt n9_Qtc_Ig 5Q 2D 1Q2m. - La.m. , clt 1� 5-� -75 I-IQurL1=Qt2eration I_-iQ.sp-itals,Qhju chef, Cultural, Museum, so rarv�Pu lic Park Hours of Opera iQtt Recreational Commercial/Office 85 Hours of Operation. $ 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 GNP!, noise standards are required to provide occupancy disclosure notices to all future tenants regarding potential noise impacts. C. The above daytime (7 am. — 10 .tR n_) sta�td�ds for hotels, mote and connnercial use-Ls-b applykOi to active outdoor use areas such as a pool or outdoor courtyard. 9IZ, In the event the alleged offensive noise consists entirely of impact or Impulsive vnoise, Ssimple Done unoise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by 5 dive dBA. E. If the alleged offense affects a pr4Rerty outside the Cjtv's jurisdiction, the exterior ngi�e�andard�l�ll be enforced at the Cit oundan_. P. In the evenlsf1 measured ambient Noise Lev€I exceeds anj of the noise limit categories above, the noise limit shall be Luea�ed ct c anitient Noise level. Q. In the event that the_LiLeirce and tbL affeet_ed propene are within different land use categories, the noise standards of the affected property shall apI>h. ea-gate-nny-ne+se-er-te-ells,,, !he ^ ^s.,.., 061 i,...,...a e ied OF,,theF.,.I_e ee ailed b eh pei-sen, .hi I, eauses the ,,.:s , publie weed tm n -ds- 1 eFa etttrtz„ative-per4od-ef mare thar3()-mi to 1 uletf.e peiied of Enere than 15 minutes tn-a+ty heur 3—Rlus4-0-db(-A4du � peried of me+e then Five .,,iwispq in Sn". hetu- 494 1--P-Itts 15 db(-A-)-forts e +Ht laiive per o -oC-more t#a ene�nil3ute-i}�ettt l;ou or B. IR-the-event the ambiew neke level , ds any of the Arst fear neise I:...:. . -08riE5 flb6ve; the .. .meemr ulative...'..iiOd .,ppl-isa44-vm 4e—,&ie ,,&id ,.,..-,..et:y shall he inei.,,. sed to ..,,A.et said .....Mint noise 1e..,.1 r.t tbe-e"e+t.I.mrtc%-rrn�xcrr...l.: l ....:..e 1p-el ....,.....1q the maximum 8110 .Bole Heist A. The tly-indierrtvd s#taN 3pp�y to ail reel txL& ^ n-a-design!Ld ne+se-zolte; interior Noise Stat robs Noise ,p, Noise bevel Time Per;ed - 45 db(A 10 p.m. 7 a 2,� G j-db(A) Anytime e; O All 080 interi BF Levels ell of Neise PF Ahil.it...! ai. It shall be nia Fill f........�per$0ftz3t-(t•,•, 1,, ereateartyrioise-e toat4o �7�,• eenti-gilled by s eh pees.., hick ea uses ih. nei 1e e ..el ...he rheas . .,.ed ;Nithil. ... ethe! st.uet .,!esidetial by in . t•..na-, e-ernmerG-1i31-(jf indus . 1 The seise statxlal� 4o es ill any!rot be-+aeise standafds plus FiNe db( f) f.._a , .. latis e pe ried-of meretbar _*)- he e The neise and....d .l. 10 dhr n lbp an peried of time B. 1n evpw the ambient nake le -e ,:'ids-ettltel-of-tl rst-two-noise-limit-cafe r e h-am.� the to said eategor. shah be :..,..,.ased- to efleet said ,. ..Liens- e I....,.I In the event the ambient n e level „ eeds the third .roise-level;E.he-ltta'iil}}um-allc+wable-+seise-level-t+nder- said aategort shall be iROFeased to HfIe,.t the ....,..:....... .....L'.... .,.kp le, el Paeh-44be-noise—limi s speei fled above hall 1. ied _ d by r. e db(.) f,... nlpaet ar D. in the ewiit that tile +seise setiree a+d Else-affected p opertvare wtittirt-d-iff,e .he 8.40.090 Special Provisions B. Activities cue lawfully eendueted crl tiLeSi in public parks, public playgrounds and public or private school grounds. 495 C. Any mechanical device, apparatus or equipment used, related to or connected with emergency +++aehi++er.-vehicle emits work includin it, contractors. D. Noise sources associated with construction, repair, remodeling, or grading of any real property; provided t tt' (i) llre�jty ItauS&iLeS1 a�lt ldinQ,.QtadjnQ,or si ila e mit f r such activities a-perntit-Etas (ii) said activities do not take place between the hours of 8-40 7.00 p.m. and 7:00 a.m.,-j\JQn y-throSigli ea weekdays,da including Saturday, er-atfu+y tine en Sunday or a Pfederal holiday (iii) the average construction Noise Leels-do-n-4t ezx ceedM d I eq at it r v Noise-Sensitive Ian_diee�_If Ltd9�r_c�n�tructiQn acti itiesy a 2ermitted biy the City after 7.00 p.m. or before 7:00 a.m.. the average construction_ Qi_$e [revel-s at near y Noise-Sensitive [aid LL,-e3 hall Ijttiited�5Qd$A ILL. &�-Il mee-hameal �'�^e^, a I I.p t ent wltiebare +fiaize<l-fer-the protection el hai-vest el-agFieHitanti-erepsdt+ fngperiod ^cPOte.,.•..I OF HORIHI , ...,,age .I, -adveFse ...,...ihei. eenditie+is- I !!,bile noise .euree., associaao ::;tlt ^^ opera tier ceded sesi agr eultu.al take ph+eebetween-t... . ,, nna.m anv„ek+,,.. '.,,.L.•r c ....•I,., 6,F. 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. 44F. Noise sources associated with the maintenance of real property and use of domestic power LQD-I-s provided said activities take place between the hours of 8:00 a.m. and 8 00 2M p.m. on-any-day exe pt Sunday \, tondav dlroueh Saturdav or between the hours of 9:00 a.m. and 6:00 p.m. on Sunday or a federal holiday. Noise from tynical and occasional t r2r eriv maintenance aud he e f domestic power tools which dQesrl4t ret�uire a uildin ennit shall not be subject to the nee limits in 5.40.090(Dl. IQ. Leaf blower Ii i e shall be governed by Section 8.40.095. dli. Any activity or equipment to the extent that design regulation thereof has been pre-empted by state or federat laws. KI. Noise sources associated with temporary public or private events located on private or public properly provided a permit has been obtained from the City as provided herein. I. Noise generatecI--QutdQQ v usiness operations which are tens amri' rile W lti_Lited FLQm-Qccurring indoors due to Citv declared emer«encv- coeds Qn�fl_tisal2plies Onl to its improved busing e_ whQ�e�I�cratiQis would I cally occur indoors Noise generated 12y�2Lit A=ifying Equipment such as stereos or meP-aI hoc � P—t 8.40.095 Leaf Blowers 4 Deftni4iens. As-used in this seetien, the Fell. . s hall hp e�ttcat+ittg as 5c 3t41+ bete++ 1 "Leaf ble...ef" means any elliae {,oweyeF p ed used to tile., leas,e,., dirt end etlier�i3f-I$-efV..:,ley.all... .L.:..e....,..,. !a.. ns and ethe.. ..F..-1 ;t "PRia. r.,.. of r....lff8pef`t�' With 8 Sepffaie OF diSiifletlit!"Abel' the awne,+�e same individual a -hell he eeasideFed o pareel P.............•... .4thi. q@PtiRW. 496 . Unlawful to Propel Debris Beyond Parcel Boundary. It shall be unlawful for any person to use or operate any leaf blower in such a manner as to blow, dispel or make airborne, dust, leaves, grass cuttings, paper, trash or any other type of unattached debris or material, beyond the parcel boundaries of the parcel being cleaned, unless the consent of the adjoining owner or person in possession is obtained. It shall be unlawful for any person to use or operate any lLeaf bBlower within the City in such a way as to blow leaves, dirt and other debris onto the public rights-of-way or private property and to allow such debris to remain there in excess of 30 minutes. g6. Special Prohibitions. It shall be unlawful for any person to operate a Lleaf 11hlowcr within a residential zone or within 100 feet of a residential zone of the City of Huntington Beach, except under the following conditions: 1. 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 8a90 7_QQ p.m. anauy day eseept Su \1 nd-. -!OUuh Saturday or between the hours of 9:00 a.m. and 6:00 p.m. on Sunday or a federal holiday. 2. Distance Restriction. Leaf blowers shall not be operated within a horizontal distance of 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 13 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 Icaf 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. 5. The maximum decibel level of 704" A as rneasured 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 J 'ooise Llevel at any school, hospital or church while same is in use, to exceed the noise limits specified for exterior noise standards in Section8.40.050 this-ehapter, or which noise II level unreasonably interferes with the use of such institutions ,jticlpdingo hiph unreasonably disturbs or annoys Rersons at a=cltool.Ilo3pitaLclnt[c1t patiews-in the hesp+tal, 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. Ukw4ng-a-one year pe}hied r-,.n,.wing the effeeiiYe date rim. e , d fied :., this r,. pt ff the Heise level-standards-spee+fied4n Seetien v 10.059 this hapt,.shrill be inepeased by c, e db( +) c�...mete t4e-a4eged-noise-seuree i. _ afatns- to the ef:reet ve date of this ehaptei-. 8.40.111 Prohibited Noises A. N tWit,..t....d ..a. ,..ids Of Of 1 ahaptef and : add . ,a.,,..,,. ill shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, 497 unnecessary or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of nonnal sensitiveness residing in the area. B. The StElfidard NN hieh-uiay-be-eeri&idered-iln determining whether a violation of the provisions of this sectionshe Cit�ll_determine ,e bte.ut net be limitedfelle,ving. I. The level of the noise; 2. WhethLF the nature of the noise is usual a,-u::ust,al-; a .nrsf is par 24. The level and intensity ofthe background noise, if any; 33. The proximity of the noise to residencesresidential sleeping ties; 16. The f,ature and zoning of the area Withili W where the noise emanates; ;-7. The density of the :abitatien of the area within which the noise emanates: �8. The time of the ight the noise occurs; 19. The duration of the noise and its tonal c n en ; ttt 1 84-0. Whether the noise is recurrent, intennittent or constant,�rtd 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 music p ati er, CD. DVD, tape player,juke box, or other maekine e ji plifyine device for producing or reproducing sound in such a manner as to disturb the peace, quiet, and comfort of other persons. 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 within200 feet of residences, load, unload. open, close or other handling of boxes, crates, containers, building-material_s_rcf c tan line or similar obiectbbetween the h uFS f9 1 A- Inji . an_d 7:00 a.m. in such a manner as to cau�e_a noise disturbance across a�toi�e= sensitive Property l ne_Tlti� ticl_udhitt_i�nQt_limited to. noise digprLan_ce.--i elated to commercial Ielncr;-anerations, vehicle idling. vehicle queuing vehicle backup alarms, anti vehicle refrieeration eq" men E. Repair, rebuild, modify, or tegan}LnjgjgLXehicle, mot vcicl_e• or &l t r at in such a manner as to cause a noise disturbance across a n i e- enjitive property line. F. O eryt atE�}�lav or Permit the operation of an_v Sound tlmplif}�tg r uipment in any lam cell public entertainment at a sound levelgreater than 90 dBA as read bLth_e�l wire P e on a sound level ureter at anv point that is normally�ccu ied y customers, unless a cons crR j S and legi le ign is located immediatelj ut ide of near the public entranceatin " Varning Sound Levels Within 4ay Cause Permanent Hearing Impairment." 498 G .SQundQpennit the sounding of anvamnlified signal from suc�atell c ime siren, whistle, vehicle horn or similar device intended rimarily for non-corer Zur use which causes a noise di ur ance ac line 1)evicesute_d in_ c niunctiun with school an-d place of xy,orsliijLjlall be elm tp from th provision. H. Operate or {Zermit the�peratiQn4f an} Motorboat in such a manner to cause a poise drat ance across anoise-sensitive pr y_Iit1e 1. Qperate or cause to be operated am, motor vehicle_Qr m2Qrckel_e equ Aped with a muffler or other sound di_asi_izative device in LOod working, order and in constant erati n No en rson shall remove or render inoperative, or c �e to be removed or rendered inoperative. other than for purooses of�i>aitttznance repair, or replacement, any muffler or sQtm_d_dissinative device on a motor vehicle or motorcycle W. Own, maintain, control, operate, take eare eF eustedyJ er'wisefiros,ide aFty p 2txses and a".• iieise to eantinue after being infonned, anytime within the preceding 30 days by the Police Department pr Commilllit e_veJQ ent epar n eiu-that a violation of this chapter has been committed on said premises. &K. Violations of this section are hereby declared a nuisance. 8.40.113 Vibration \t twith-atandint;Qthzr sectiais of thi canter. it shall be unlawful for am3.nerson to create mainlai_ur cjis--- era i ial rand vibration on an ett_}_which exceeds 72 VdE at nearby vibration-sensitive land Uses. the vibration lintit at vibration-sensitive uses with high sensiti�iht uch as o erati n c nductin t ie •al research and imaginb�hall be 6� VdE3. 8.40.120 Manner of Enforcement A. The Director of Planning_ Community Develo nlZ teat (`"director") or Police Chief and his or her duly authorized representatives are directed to enforce the provisions of this Cehapter. The jUdirector or Police Chief and their duly authorized representatives are authorized pursuant to Penal Code Section 536.5 to arrest any person without a warrant when they have reasonable cause to believe that such person has ^em milted a misdemefifie vi atesl a provisi4n_QfjhiiChapter in their presence- B. If the Ddirector or Police Chief and their duly authorized representatives conduct db(fA,) nQi�e monitor tests or other noise measurement readings for purposes of enforcement, and the noise level is found to exceed those the noise levels stipulated as penniss in this g;ehapter, the property owner or operator of the noise source shall be required to pay the City's cost of the d" noise monitorine tests or readings. G. No person shall ifllIeFfefB a utheFiFed pei-sen •.I..,..gged with o..r,._•,,..,W 4this „hapt.,t- while s eh ,,.,.son ;,. engaged in the ....t�fot�n3attee-of-]tts-or-fret-<luty— 8.40.130 Noise Deviation Permit Process A. An aApplications for a tenigUELtry permit to deviate from thi hapter_(_&ise_Deviali4n I et7ni " t}te-pr©ristens-hecefu shall be initiated b) subnlinedir g all appre^• on and data as pi-eSeFibed b to the Qdhector with all 'e c e _information and pit)ingsr he Feqniied feeg. In part,Title application shall set forth§({_)all facts regarding the request for deviation; ineluding{ury actions the applicant took to comply with the provisions of this �;ehapter;,( , the 499 reasons Why compliance with th Chapter cannot be achieved'_ iv an}_p-LQp-Qs-es{methsd_s_iQminanize nQis-e dstrang thethe ten)porar activity;-andK v an L suchadditional_in(ortnatiQn the_DJ[ectQr'__ua_v re. iq tire, a*d ,.Od meihad of aehie i.,o•. .,,.mpliaiiee :f,.. eh .,,ethed e. ,.iis. The tip IifHfTf-FAtt$t-VetttV�f$tf{1fe-flt-fl !it ofiinu in, fiTC-fi88d tE)[eViWe P-81H na ise I,..,I pFeduees a gFeateF benefit t .he eemmunity . hieh outweighs tile temp—, neise les,el above the Fequirenieiits of this eF D. Within 10 days after receipt of a complete application, the City direeteFWill notify affected property owners within 300 feet of the allegedlproposed neise saEwee ef th application feFa peen t to C. 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. D. hLalLeasU, the I1[ector shall_process the allpGcatiotcompliance will rile California l tt [onmentalS�itali[�E1ct.Up Feeeipt of said ..ppli atien and foe the diFeeteFinay approve eond+tionelly a liis'-ehapteFare satisfied. B. The Director may a2orove, conditionall}_approve or dem the Noise Devi atian-_P_ennit no sooner than twenly (201 days after notification was provided to property owners within 300 feet of the proposed noise source of the application. In get e upQn the anoiication_,_the_Direct 4it shall weigh_the factQr�etfQrth at Section A above. _and th FeFe�et—f2_h_inn�;�ectiQn�l l 1 n hap this ter. _ ne;' otiee of hThc irecwr'� deciaim on the ermit hall e served by mail urn the al2�licant and all property owners within 300 feet of the 2roposed nQi e_ource. The Director's decision shall be effective eleven (II l) dadav2 after the mailing of the decision unless an appeal is tiled. QR An applicant for a permit shall remain subject to this!�ehapter until a permit is granted,andail_t:ights-to_hearin ax nd appeal_are_exitau5led. 8.40.150 Noise Deviation Permit Appeals A. Notice-of-Appeal Process. A person desiring to appeal the Ddirector's decision 4n a noise evLati n 1Lt �t_shall file a written notice of appeal With the .12director within five tog 1(� days after the j2director's decision. Notice of appeal shall be accompanied by a fee as set forth in the City's current fee resolution and_shallfsllow the_hearint t equiretnent�inS hapter 24-8-of-the_FluntingtQt>_t3eacltGQnink and�tthtii isionS2[clinance. 13-1ior-nr©f l�t>fice-one{>i>ea1=f-he notfce of appeal shall ea i+t-ifte-i4ame gad-a4diess „ftl�,->'""`.'en appealin t a action the „d tile e.n .,,IS fn.. the E1131)eal. The DiFe pf-eA4e-t#te-fat+n-of-t4ie-netic-e-of-appea4—A-dfec44H-the-for£rrof-4ie-ne4c-o does ne 9f€Fec^-r-8 nd--;itiisl1 1VCinotiGE?-Of-il32-13E'aFina-an-iliC-a�t;.,^I in the irne arm`-r^v'nre Pt:- 4 far'rh-in 500 IA—De4N*vo-lliearing. The heariag Aiee. ,.hall heat- the ,,..peal asflewMI-RItp-F. The o Figinal .,ppke...,t has the h ,Fden e preef. The heaFif,.,o of e may a aet upon the applieatien eiFher graf�tif�g-+ g g-ite ir espeetive-ef-tk"reeise-grounds a scope of the appeal. in additien to c&nsidering the testimeny ,1 evidenee nted "ie heafittg-en the appeal, t E! L.eaFi.... ..f(:eeF ..hall a ider all Ftinefi-infari ati•,arn he file-aa i-esult a�the previous hearings ffem whieh the appeal is taken. I?. Neetsien n Appeal The heaFing e f-.,.o. ..,.... reverse eF affirm in v ie-er-ift-part-or nia,, ..,,,,1:r the he...:..,. vf:eeF's ,1.,eis en-that-is-tieing-appealed."he deeisieR 0 eariiig 8.40.180 Violations-Misdemeanor Any peFsan violating any e the ..reyi,.iens el'this ehapteF shall be deemed ...Sit.. of.. misderneanor-E-ash-da martini+ttec#er perrtrittetl-to eontintie s#3a11 cor{sti{ute a separate eA;a,.e and shall be ... nish.,h10 ..o q ..h The ....,.A..:..,,s of this ehapteF shall fiat b ` tfued . peffnitting eeaduet fiat presci-ibed keretn-at}d-shah#-not affect the enf4,.e,.hd14 -ef 501 Moore, Tania From: Frakes, Sandie Sent: Tuesday, September 7, 2021 7:41 AM To: Agenda Alerts Cc: Fikes, Cathy Subject: FW: Noise Agenda Item. From: larry mcneely<Imwater@yahoo.com> Sent: Saturday, September 4, 2021 5:04 PM To:CITY COUNCIL <city.council@surfcity-hb.org> Subject: Noise Agenda Item. Looks like we are enforcing Noise issues I am right now across from Central Park they are having the Civil War re- enactments super loud cannons This does not really bother me but will these laws be equally enforced to these or do they get a pass but a homeowner or business will be fined? what about the air show? So it is ok if you benefit but everybody else is subject to enforcement? Careful what you wish for and vote for Hippicrits. If this is passed it must be enforced equally no special permits. no exclusions and no Kings-X SUPPLEMENTAL COMMUNICATION pride hwn No.; t Moore, Tania From: Frakes, Sandie Sent: Tuesday, September 7, 2021 7:51 AM To: Agenda Alerts Cc: Fikes, Cathy Subject: FW: Comments on Item 35 of the Agenda for 9-7-21 Noise Control Attachments: Noise Deviation Amend w comments no highlights.pdf From: David Treiman<dtreiman@earthlink.net> Sent: Monday, September 6, 2021 1:51 PM To: CITY COUNCIL<city.counciI@ surf city-hb.org> Subject:Comments on Item 35 of the Agenda for 9-7-21 Noise Control SUPPLEMENTAL COMMUNICATION To the City Council From resident David Treiman M°° September 6, 2021 Ordinances for Introduction Agenda item 35. 21-112 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 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." My Comments: This is a complex ordinance and a complex problem. There are legal issues and drafting issues. But the most important issue is a policy issue. What types of noise need to be further restricted and what types of noise currently prohibited or restricted should be allowed to increase? The health hazards of noise are not fully understood by most people. The scientific evidence is readily available. Implicit in the decision to approve this ordinance is a decision to allow more or require less noise that the City itself has declared to be harmful. Don't decide until you feel comfortable that you are not increasing the danger. Ask questions. Don't settle for 1 answers that leave you confused about the central health issue or confused about whether the new procedures give a fair hearing to the people who will be most affected by the noise increases. 8.40.010 Declaration Policy A. In order to control unnecessary, excessive and annoying sounds emanating from incorporated areas of the City, it is hereby declared to be the policy of the City to prohibit such sounds generated from all sources as specified in this chapter B. It is determined that certain noise levels are detrimental to the public health, welfare and safety and contrary to public interest; therefore, the City Council does ordain and declare that creating, maintaining, causing or allowing to create, maintain or cause any noise in a manner prohibited by, or not in conformity with the provisions of this chapter, is a public nuisance and shall be punishable as such. (2379-7/79) This is from 1979. During the 1970s governments began to recognize that not enough attention was being paid to the health risks of excessive exposure to noise. Laws were passed and agencies were created. Since then the understanding of the danger of harmful noise has increased and so have the medical studies documenting the medical consequences. The danger is far more than merely being annoyed. In addition, the amount of noise in our society has increased. Unfortunately many people, government officials included, do not give adequate attention to the health risks. Ordinance 4222 addresses a variety of problems. Some changes in the Code will make a significant difference in the effort to control harmful noise. Some of the changes seem to allow some levels of noise currently prohibited. It is your task to question whether the increases are justified and have the health harms been adequately considered. The changes also address some problems of legislative drafting - unclear or contradictory rules and rules than do not make any sense or might be illegal. The changes fix some problems I have previously reported. But some changes make things worse and some problems are completely ignored. There is no way you can solve these problems at a Council meeting. But you can ask staff to explain what the changes are supposed to do and how they operate to provide a fair system that will actually prevent new threats to public health and how they will eliminate existing threats. 2 I live next to Adams Ave. directly across from the First Christian Church. From 2008 to 2011 there was a very large construction project, subject to a CUP. During those three years the contractors frequently violated the Noise Ordinance and engaged in construction practices prohibited by the Conditional Use Permit. I filed complaints with Code Enforcement and once, on the advice of the Code Enforcement officer, I reported violation of the Noise Ordinance to the police (construction activities at 3 a.m. disturbing the peace). None of these complaints resulted in any consequences. Since I had taught Local Government Law for almost 30 years, I did some legal research and made an amazing discovery. The City of Huntington Beach could only enforce conditions of approval by revoking the permit, and they would never do that if the actions were those of a contractor. The City of Huntington Beach had no authority to fine for most violations of the Noise Control Chapter. The Code said that the Orange County Health Department had that power (based on annual contracts with the City). The County had discontinued that service around 2003. At first none of the city personnel I told this to would believe me. It took until 2013 for the City Attorney's office to almost completely fix the CUP enforcement problem. MC 1.16.090. It took until 2012 to get the City attorney to submit an amendment to MC 8.40.120 that granted enforcement authority to Huntington Beach officials to enforce the Noise Control chapter. I was shocked to discover that the ordinance included something new - a new permit with one purpose only - to allow certain noise levels that had always been declared a public nuisance and "are detrimental to the public health, welfare and safety and contrary to public interest." 8.40.0100. This is the Noise Deviation permit implement is implemented by 8.40.090(k) and 8.40.130 and 8.40.150. Huntington Beach had gotten along without a noise deviation permit for more than 100 years. There was no attempt to prove this was necessary. There also was no procedure that required or produced a serious examination of the potential harm. I have not discovered any environmental assessment required by CEQA for any of the Noise Deviation permits granted by the Director. In addition, the new provisions were terribly drafted. I sent numerous memos to Council members, the City Attorney, and the Planning Department about all the problems I identified. They are long an complex. It is not 3 you job to solve these problems. But you need to have an idea of the scope of the problems that Ordinance 4222 needs to fix. To provide an overview of the problems with the Noise Deviation Permit I have attached a chart that I sent to city officials identifying many of the problems with the Noise Deviation Permit code sections. I don't expect you to have time to read it but it provides a quick visual sense of the scope of the problem. At last ordinance 4222 is addressing many of the concerns I raised. I thank Dan Kalmick for communicating my concerns and for making some helpful suggestions. However, some issues are not addressed. Some improvements have problems of their own, often due to the complexity of the problems or problems of English grammar that often create ambiguity. I have spent years thinking about these problems. I don't expect you to understand them immediately. All I ask of you is that you attempt to understand well enough to ask questions regarding the following section sections: 8.40.090 - Are all these exemptions really necessary and should there be some more limits on the type of noise being allowed? 8.40.130. Should there be a public hearing? How do these steps interact with the CEQA required environmental assessment - What are the goals of each? Does the CEQA assessment occur before, during, of after the steps in 8.340.130? The sequence and timing for the various steps are confusing and require consideration of the deadline for appeal discussed in section 8.40.150. 8.40.15 Can you understand how the hearing requirements in chapter 248 will apply to an appeal from the Director to the Planning Commission? Does CEQA have relevance to this step? Thank you for your service to the city and its citizens. David Treiman 4 Crd{n.nce Ib. 1N0 Summary of Comments on Ordinance sernfyN 1 sedan e.eo trgo�!d.l lmw:,k[:,r;f1euN Mwuulpd eRle�hereby .DrmdNb.dmlinllnw, k-y 3940 Problems Annotated w comments Mft a n , lh(ulbwiryl.cbnua dwll k<.anp fnm rk no highlights.pdf (.)SJ.W b.t.d.,xhud■h1m.utd".,cnbnumr.nt nmU.pmv.dcd nv:h c. b .rt...d. on xf,00l pupvty ix.u1Mr..N by yca.l I d Inrm tM l':Iy' Page. 2 (b)Amblbf othff..I.w!u11Y cowiat u:public puke,puhl.Pl.ygrowrd..0 Au O Inman publ.R p.wi,ed.]grtnmG. 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Wr W1Y 141 WMfail Jb�Eta aria M Cbaap doe b iota a efnta b rfNatr M mbtdatd 1N Eta Offabr'f NNtgal Its me SECTION y S¢elor a a0.Ib.9.a0.Ift0,ad 9 0 170.herehy dekbd in t M appesat law•IaY appal E M dawn eat M Dwfd m Wawa rta ordsattrll'rraay TM same aaw M m wy aaY Eat"lbws f)um pn atf oordldor eaprtnfaat dabM titl TNI•ttftftN w DraeYmla SECTION 9. All alter ppeivapf of C'hfper E 40 ont fmvta d hedty wean in full forec and eRea Supw Meta Dab YIYJUI4 1 as 01 AN Tts ardnars oar ra rfpaa M)bafq pFur b maw CE(L\rr9ufanfref Bw.f tots PfParf d b foes SEC'fl(IN 4 ITW aCCLppr<rbJl b[nunc allccnvc lU byf fflcr df rkA%%m. nap mmtYy mt I b W a atelrt daffadtcf GE()A npufp M row raftew 4y mf Gey favta TM aaafr trqu a prffnoCfd bV tN cE(1A PASSIJ)AND AIX)P MI)by the City(iwbd of the City of I l uµmgum Iuh at a b natation,tia°vf`albfraba°ar"wtot"f"t°I wttbff 0tbvtuv'anasnaeeffd TMtra W, f tegWm meiru,0vrnd held on the_ dry o f Z012 Madan TM Gouts[sntd a a a d Etd praau l afE/wIMI etf r4W d CP/e'I IfM�eM t1)'wi Iwf toe fnwet4/I ev t•ff•.q doer wlMf rider V9M Ifdxat W.nabV Vta fnt ftrW Wttartr f padtfmn dlfn fttettrJfd by ttaaf ordnwtnf Maya ATTEST INIIIA I) '• o^FD Cpy Clak h R. dnig aJ PlalnmR RIMMED AND APPROM): "PROVbl)AS IV hO.%M t (yty Martyer !yY�t U — (dr rtorney ,i)v N bay 4 Moore, Tania From: Frakes, Sandie Sent: Tuesday, September 7, 2021 7:51 AM To: Agenda Alerts Cc: Fikes, Cathy Subject: FW: Clarifiction regarding email attachment regarding item 35 for 9-7-21 From: David Treiman <dtreiman@earthlink.net> Sent: Monday, September 6, 2021 2:39 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: Clarifiction regarding email attachment regarding item 35 for 9-7-21 1 need to clarify what the attachment to my previous email is. I attached my annotations describing problems with the Noise Deviation permit that is the current city law as amended in 2012. It did this to illustrate the problems that need to be addressed. This is not the same the as the proposed changes to the Noise Control Chapter in Ordinance 4222. Several of the problems raised in my attachment are addressed in Ordinance 4222. Sorry if this caused any confusion. David Treiman dtreiman@earthlink.net SUPPLEMENTAL COMMUNICATION DOM: � -- Ag.�a. n.m No...,1Liy 1 lla�� Switzer, Donna From: Jun,Catherine Sent: Tuesday, September 7, 2021 4:22 PM To: Agenda Alerts Subject: FW: RE: Gas powered leaf blower ban From:Shaun Land <sland@irvinelabs.com> Sent:Tuesday,September 7, 2021 4:20 PM To:Cortez,Joanna <Joanna.Cortez@surfcity-hb.org> Cc: Frakes, Sandie<Sandie.Frakes@surfcity-hb.org>;Jun, Catherine<catherine.jun@surfcity-hb.org> Subject: RE: RE: Gas powered leaf blower ban Hi Joanna, I got an out of office from you yesterday due to the holiday. But I wanted to make sure you saw my response as this ordinance will be discussed in tonight's city council meeting. Thank you, Shaun Land, PMP, clissP, cPHIMs Presklent / Prindpol Consukent Irvine Labs, Inc. Mobile: 71+349-1000 EMail: sland@irvinelabs.com www.irvinelabs.com/services From:Shaun Land Sent: Monday, September 6, 2021 10:26 AM To: Cortez,Joanna <Joanna.Cortez@surfcity-hb.orp> Cc: Frakes, Sandie<Sandie.Frakes@surfcity-hb.ora>;Jun, Catherine«atherine.iun@surfcity-hb.orQ> Subject: Re: RE: Gas powered leaf blower ban Hi Joanna, This ordinance does not prohibit gas powered leaf blowers. Many brand new gas powered blowers can be over 80-100db. All electric blowers are below the dB limit. There are serious problems with compliance and enforcement with the ordinance as drafted which just limits the gas powered noise DB level. How will gardeners and residents know if they are compliant? Does everyone need to buy DB meters? And who is going to respond to noise complaints and how? Gardeners pop in for 10 minutes and leave. Is the enforcement team going to respond within 10 minutes? It's simply not an enforceable ordinance. With 100's of gardeners operating at the same time every day throughout the day in HB, the only enforceable ordinance will be simply prohibiting gas powered leaf blowers in residential neighborhoods like the other cities. including Newport have done. Laws need to be enforceable - and a DB limit on leaf blowers will be difficult fir 1 the city to enforce and difficult for gardeners and homeowners to be compliant as they most likely don't have DB meters to even check their equipment. The noise ordinance should simply prohibit gas powered leaf blowers in residential neighborhoods like Newport and other cities have done. Prohibition is easy for gardeners and homeowners to be compliant. And it is easy for the city to enforce. If you are going to keep it at a DB limit,the term "at full throttle"to be specific at how a DB measurement will be made. Newport: "To protect residents from nuisance and excessive levels of noise,and to promote comfort, safety, and welfare,the City has adopted an ordinance prohibiting the operation of gas-powered leaf blowers in residential neighborhoods.". https://www.newr)ortbeachca.l,,ov/home/showi)ublisheddocument/1 0287/635682493202 100000 - Shaun Land 714-349-1000 Mobile On Sep 5, 2021,at 11:35 PM, Cortez, Joanna<Ioanna.Cortezr7a surfcity-hb.org> wrote: Good evening, Thank you for your inquiry and the helpful links. On Tuesday's City Council meeting, an ordinance will be introduced to amend the City's noise ordinance. Some of these amendments affect our noise section on leaf blowers. Please take a look at the proposed changes in the following link and feel free to let me know if you have any questions: https:/Ihunti ngtonbeach.legistar.com/LegislationDeta il.aspx?ID=5123S36&GU ID=AC750530-D7F 1-4A63- 814E-A991032D906C Best, ]aep Cortez Planning Division • (714)536.5271 From:Shaun Land<sland0irvinelabs.com> Sent:Tuesday,August 3, 2021 12:19 PM To:CITY COUNCIL<citv.council@surfcity-hb.orx> Cc: Fikes, Cathy<CFikesCdsurfcity-hb.orR> Subject:Gas powered leaf blower ban Hello City Council, As many of us are all now working at home full time and with most of us not having air conditioning in HB (so our doors and windows are always open)- gas powered leaf blowers are a constant health hazard and extreme in noise and environmental pollution. They are so loud and frequent, it's to the point of interrupting business being conducted from our homes, and really affecting us mentally. It is not an exaggeration for me to say that in my personal experience, we 2 deal with high levels of leaf blower noise pollution for 1-2 hours per day in our neighborhood (Farquhar park). Noise pollution and the negative effect on humans is a very real science. Further, gas powered leaf blowers are huge polluters to the environment with both air pollution and particulate matter. The technology of gas leaf blowers is so old - many cities across the nation have banned them. Even our Capitol in DC banned them. With the advancement of battery powered commercial landscape maintenance tools, there is no better time than the present to put such an ordinance in place. Why are we so behind? his://www.zmesc ience.com/science/leaf-blowers-health-noise-hazards/amp// hnl)s://amp.theatiantic.com/amp/article/583210/ The gas powered leaf blower ban that Newport put in place is a very reasonable model - and they did this in 2011, prior to all of the latest advancements in battery powered commercial leaf blowers. And the ordinance allows for HOA's to "opt out"of the ban in their communities(not that I recommend that being an option). And Santa Monica's fact sheet on the subject is great - dispelling all of the myths against gas-powered leaf blower bans. ems://www.newportbeac hca.wv/i-am-a/busi ness/gas-powered-leaf-blowers https://www.smgov.net/departments/ose/categories/landscape/leaf blower facts.aspx Please consider this important environmental, health and safety issue as soon as possible. Thank you, - Shaun Land 714-349-1000 Mobile (This message was drafted and sent from my phone. Please excuse any typos.) 3 Moore, Tania From: Fikes, Cathy Sent: Sunday, September 19, 2021 10:55 PM To: Agenda Alerts Cc: Frakes, Sandie Subject: FW:Agenda Item 1 S.Ordinance 4222.Comments for 911--2021 CQy05i1lpER gg from David Treiman 46WWIMCIV L COMMUNICATION Me *V Der: !�421 Iv" ),;L I From: David Treiman <dtreiman@earthlink.net> Irm N0: �S(��' �,q Sent:Sunday, September 19, 2021 2:35 PM To: CITY COUNCIL<city.council @surfcity-hb.org> Subject:Agenda Item 15. Ordinance 4222. Comments for 9.21.2021 council meeting from David Treiman CAUTION - YOU ARE ABOUT TO MAKE A BIG MISTAKE REGARDING HARMFUL NOISE THAT CAN EASILY BE CORRECTED. People I respect have advised me to avoid lengthy and complex comments, which I will attempt to do with the hope that you will request more details if needed. I fear that society does not recognize real danger excessive noise poses to health and safety.* I stand by my previous comments to the Council on September 7, which appear to have been ignored. However, there is one amendment that absolutely should not be ignored. The amendment to Section 8.40.111 is a terrible mistake, which I believe was unintentional because no one paid attention to a warning about this that I sent Council members and staff in 2012 and 2013. This mistake eliminates a critical restriction on noise that has been declared to be a threat to public health and safety by the Noise Control Chapter. The current noise ordinance is Chapter 8.40, a recodification enacted in 1979. It contains numerous limits on noisy activity, including decibel limits and limits on some types of activities. But it also included a list of 8 categories of noise that are "exempt from the provisions of this chapter." 8.40.090. Think about the scope of this section. It doesn't just raise the allowable level of noise. It authorizes categories of unlimited noise. No mitigation is required even if simple and inexpensive. By 1993 someone must have recognized the absurdity of this and the Council added section 8.40.111 to the Code. This section says "Notwithstanding any other provisions of this 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, 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." It also provides guidance on interpreting "disturbing the peace." The exemptions in 8.40.090 were no longer unlimited, but Section 8.40.0111 is the only limit. Ord. 4222 deletes the language "Notwithstanding any other provisions of this chapter and in addition thereto." Without this clause, all the exemptions in 8.40.090 will override section 8.40.111, the exact opposite of what the Council intended in 1993. Common sense should tell you that this could have a very significant impact. Therefore the "common sense exemption" from CEQA review that the Director relied on was unjustified.** An EIR needs to consider the impact of exempting harmful noise without the limit that currently is provided by 8.40.111. This problem is easy to fix. Delete the amendment to 8.40.111 that removes the phrase "Notwithstanding any other provisions of this chapter and in addition thereto" and add to 8.40.090 the following italicized words: "The following activities shall be exempt from the provisions of this chapter except forsection 8.40.111:" 1 am not saying that the City should not have power to allow some noise in excess of the regular limits. Some cities have permits allowing a temporary increase in decibels limits where there is a need, but might also require mitigation. But at some point there must be a limit. PLEASE DO NOT VOTE TO ELIMINATE A PROTECTION THE COUNCIL ADDED 28 YEARS AGO WITHOUT AN EIR OR AT LEAST WITHOUT DISCUSSING THIS MATTER. -------------------------------------------- NOTES * 2 HBMC 8.40.010 Declaration of Policy A. In order to control unnecessary, excessive and annoying sounds emanating from incorporated areas of the City, it is hereby declared to be the policy of the City to prohibit such sounds generated from all sources as specified in this chapter. B. It is determined that certain noise levels are detrimental to the public health, welfare and safety and contrary to public interest; therefore, the City Council does ordain and declare that creating, maintaining, causing or allowing to create, maintain or cause any noise in a manner prohibited by, or not in conformity with the provisions of this chapter, is a public nuisance and shall be punishable as such. (2379-7/79) California Health and Safety Code section 46000. The Legislature hereby finds and declares that: (a) Excessive noise is a serious hazard to the public health and welfare. (b) Exposure to certain levels of noise can result in physiological, psychological, and economic damage. (c) There is a continuous and increasing bombardment of noise in the urban, suburban, and rural areas. Former U.S. Surgeon General William H. Stewart said in 1978, "Calling noise a nuisance is like calling smog an inconvenience. Noise must be considered a hazard to the health of people everywhere." -------------------------------- The Director's decision on Environmental Status of Ordinance 4222: "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." (The "common sense exemption") 3 Moore, Tania From: Frakes, Sandie Sent: Monday, September 20, 2021 12:14 PM To: Agenda Alerts Cc: Fikes, Cathy Subject: FW: The Fight to control our City Charter and the protections of our Local Control over developments in our city. From: larry mcneely<Imwater@yahoo.com> Sent: Monday, September 20, 2021 12:04 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: The Fight to control our City Charter and the protections of our Local Control over developments in our city. Now Governor Newsom has signed into law S89- SB10 it is time this city council exercised its in-house city attorneys office to file actions against the States Intrusions our ability to decide what development standards we will allow in our city. Michael Posey has stated it is a "Fools Errand" to fight this. If we as a community do not Fight for Self Regulation and Local Control who will? Many battles in court are lost in the first round to be later overturned in appeal The community has spoken and they do not want or accept the overreach of the state with their SCAGS RHINA requirements or the states allowing multi-unit developments in single-family neighborhoods Barbara Delgweze in her last run for reelection specifically stated "no high-density developments in our existing neighborhoods" it is time to stand with the community to Stop This Overreach Remember Michal Posey stated in his recall response that the "fight against HDD is with Sacramento, not the city council' You were elected to represent all the community and its Rights to Local Control it is time to show who you support the States Overreach or the Community who put you in office Your failure to act will only help the cause for your removal from office and failure to protect our City and our Local Control I will expect one of you to bring this up as an Agenda Item and od 7-0 Vote to Approve this Fight to Protect our Community Now on Item no#15 21-579 the noise ordinance Just how will this be enforced on the Air Show? Over the years the neighbors have made many complaints about the three days of extreme noise that exceeds all State and County and City Noise Limits The Jets exceed all OSHA Noise Limits Will this be ignored because the Private Promoter has a good working relationship with this council'> Does he get a Kings -X tell that to all the dog owners who will be calling SUPPLEMENTAL COMMUNICATION o DoW C?I ?- a i Agend. Wn No., 15`r_I69