HomeMy WebLinkAboutOrdinance #4222 ORDINANCE NO. 4222
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 8.40 OF THE 1-1UNTINGTON 131-AC1-I MUNICIPAL CODE TITLED
NOISE CONTROL
WHEREAS, pursuant to Title 7, Chapter 3, Article G 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:
Wl FEREAS, 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 Etement.
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 of the 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 (dBA)" shall mean the overall frequency-weighted sound level in
decibels that approximates the Requcncy response of the human ear as represented by the A-
weighted network. The reference pressure is 20 micropascals.
"Decibel (d6)" 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 Tool" means a mechanically-powered saw, sander, drill, grinder, tawn or
Barden tool. snow blower. Leaf Blower or similar device that is used in residential areas for work
that is typically done by or for residential occupants.
"Equivalent Continuous Sound Level (Leq)" shall mean the value of an equivalent, steady
sound level which, in a stated time period. has the same sound energy as the time-varying sound.
1
2 1-9475/248 108/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 mean a stationary device or point source which creates sounds
while fixed or motionless, including but not limited to, industrial and commercial machinery and
equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment, or
an area source such as a special event on a property. That is, all sources that are non-mobile
transportation sources (e.g., vehicle traffic on public roads and aircraft).
"Impulsive Noise" shall mean sound of short duration, usually less than one second, with an
abrupt onset and rapid decay.
"Leaf Blower" shall mean any machine, however powered, used to blow leaves, dirt and
other debris off sidewalks. driveways, lawns and other surfaces.
"Maximum Sound Level(Lmax)" shall mean file highest RMS 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
using a sound level meter at slow response with a reference pressure of 20 micropascals
(micronewtons per square meter). The unit of measurement shall be designated as dBA.
"Noise-Sensitive Land Uses" shall mean residential, hotels, motels, schools, hospitals,
churches, Cultural land uses, public parks, recreational, and the active outdoor use areas of
commercial and office uses (such as 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. Contiguous parcels
owned by the same individual or entity shall be considered one Parcel for purposes of this section.
"Root-Mean-Square Sound Level (RNIS)" shall mean the square root of the average of the
square of the Sound Pressure over the measurement period.
"Simple Tone Noise" shall mean a noise characterized by a predominant frequency or
frequencies so that other frequencies cannot be readily distinguished. In case of dispute, a Simple
Tone noise shall exist if the one-third octave band Sound Pressure level in the band with the tone
exceeds the arithmetic average of the Sound pressure levels of the two contiguous one-third octave
bands by 5 dB for center frequencies of 500 l-lz and above and by 8 dB for center frequencies
between 160 and 400 Hz and by 15 d13 for center frequencies less than or equal to 125 Hz.
"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 mean 20 times the logarithm to the
base of 10 of the ratio of the pressure of the sound to the reference pressure of 20 micropascals.
21-9475/26 i 231
ORDINANCE NO. 4222
"Vibration Decibel (VdB)" shall mean a measure of vibration expressed on a logarithmic
scale with the reference velocity of 1 micro-inch per second (lx10-6 in/sec).
"Vibration-Sensitive Use" shall mean residential, hotels, motels. schools, hospitals and
medical offices with Vibration-Sensitive equipment, churches, cultural land uses; commercial,
office and government uses. Outdoor areas with no buildings and industrial and manufacturing
uses are not considered vibration sensitive.
SECTION 2. Section 8.40.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
Anv 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 properh
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 network (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.
SUCTION 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 1-94 75/26523 1
ORDINANCE NO. 4222
Exterior Noise Standards
Leq Noise Level -max Noise Level
Land Use Time Period
dBA dBA
Law-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,
f-lotcls, 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 oflensive 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. If the alleged offense affects a property outside the City'sjurisdiction, the exterior
noise standards shall be enforced at the City boundary.
1'. 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
21-9475/265231
ORDINANCE NO. 4222
SECTION 7. Section 8.40.080 of' the Huntington Beach Municipal Code is hereby
repealed.
SECTION 8. Section 8.40.090 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
The following activities shall be exempt from the provisions of this chapter:
A. School bands, school athletics and school entertainment events, provided such
events are conducted on school property or authorized by special permit from the City.
B. Activities 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 Cite work, including City contractors.
D. Noise sources associated with construction, repair, remodeling, or grading of any
real property, 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.,
Monday through Saturday, or at any time on Sunday or a Federal holiday: and (iii) the average
construction Noise Levels do not exceed 80 dBA Leq 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. y
E. Mobile 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.
I.. Noise sources associated with the maintenance of real property and use of Domestic
Power Tools provided said activities take place between the hours of 8:00 a.m. and 7:00 p.m.
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.
H. Any activity or equipment to the extent that design regulation thereof has been pre-
empted by state or federal laws.
I. 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
from 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
2 1-9475/26523 1
ORDINANCE NO.4222
SECTION 9. Section 8.40.095 of the Funtington 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 tinder 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 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.
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 crone acre or more.
4. Number Restriction. No person shall operate more than one Leaf Blower per parcel
on one-half acre. no more than two leaf blowers on parcels greater than one-half acre and no more
than three Leaf 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 Huntington 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 8.40.1 10 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
B. In determining whether a violation of the provisions of this section exists, the City
will determine:
l. The level of the noise:
2. The level and intensity of background noise, if anN;
3. The proximity ofthe 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
8. Whether the noise is recurrent, intermittent or constant.
SECTION 13. Section 8.40.112 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
It shall be unlawful for any person to:
A. Use, operate, or permit to be operated any radio, receiving set or device, television
set. musical instrument, phonograph, digital music player, CD, DVD, tape player, juke box, or
other sound-amplifying device for producing or reproducing sound in such a manner as to disturb
the peace, quiet, and comfort of other persons.
13. Make or allow to be made any noise which continues for more than a five-minute
period between the hours of 10:00 p.m. and 7:00 a.m. if such noise is audible for 50 feet or more
from the source of'the noise.
C. Maintain, manage, or control any business or residential property in violation of
subsections A or B of this section.
D. When within 200 feet of residences, load, unload, open, close or other handling of
boxes, crates, containers, building materials, refuse handling or similar objects between the hours
of 10:00 p.m. and 7:00 a.m. in such a manner as to cause a noise disturbance across a noise-
sensitive property line. This includes, but is not limited to, noise disturbances related to
commercial delivery operations, vehicle idling, vehicle queuing, vehicle backup alarms, and
vehicle refrigeration equipment.
E. Repair, rebuild, modify, or test any motor vehicle, motorcycle. or Motorboat in such
a manner as to cause a noise disturbance across a noise-sensitive property line.
7
2 1-9475/26523 1
ORDINANCE NO.4222
F. 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 permit the sounding of any amplified signal from such as a bell, chime,
siren, whistle, vehicle horn or similar device, intended primarily for non-emergence 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.
1-1. Operate or permit the operation of any Motorboat in such a manner to cause a noise
disturbance across a noise-sensitive property line.
1. Operate or cause to be operated any motor vehicle or motorcycle not equipped with a
muffler or other sound dissipative device in good working order and in constant operation. No
person shall remove or render inoperative, or cause to be removed or rendered inoperative, other
than for purposes of maintenance, repair, or replacement, any muffler or sound dissipative device
on a motor vehicle or motorcycle.
J. Own. maintain, control, operate any premises/property where noise continues after
being informed, anytime within the preceding 30 days 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 8.40.113 of the Huntington Beach Municipal Code is added to read
as follows:
8.40.113 Vibration
Notwithstanding other sections of this chapter, it shall be unlawful for any person to create,
maintain or cause any operational ground vibration on any property which exceeds 72 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 purposes 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 1-9475/26523 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.
B. 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 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. In all cases,the Director shall process the application in compliance with the California
Environmental Quality Act-
E. The Director may approve, conditionally approve or deny the Noise Deviation Permit
no sooner than twenty(20) days after notification was provided to propert 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 8.40.111 of this
Chapter.
P. 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 (1 1) days after the mailing of the 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 Municipal Code is hereby
repealed.
9
2I-9475/26523I
ORDINANCE NO. 4222
SECTION 19. This Ordinance shall become effective immediately 30 days after its
adoption.
PASSED AND ADOPTED by the City Council of t e City of Huntington Beach at a
regular meeting thereof held on the k:%y of 2022
Mayor
ATTEST: APPROVED AS TO FORM:
g4f�� ) I L--� -
City Clerk 1ICity Attorney
1 D PPROVED: INITIATED AND APPROVED-.
I A,,,L �)-A 1,�
City Manager Community Development Director
10
21-947"65231
Ord. No. 4222
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
L R0131N ESTANISLAU, the duly elected. qualified Cite Clerk of the
City of Huntington Beach. and cx-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
L Robin Estanislau.Clll'CLERIC of the Ciq of Iluntington
Beach and cxo ieio Clerk of the Citv Council.do herehv
certify that a synopsis of this ordinance has been published in r�
the Change County Register on September 30.2021.In accordance with the Citv Charter of said Citv.
Robin EstanlSlatl, City Clerk City Clerk and ex-officio Clerk
Depute Citv Clerk of the Citv Council of the Citv
0f Huntington Beach. California