SR-11-14-1978-11FCA RLK:AMK:lcb ~/
Council Mtg: 11-14-78
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Santa Monica, California
November 1, 1978
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Proposed Comprehensive Noise Control Ordinance
Introduction
The following report summarizes the status of the
City's noise control program and presents a recommendation
for development of a comprehensive noise control ordinance.
Background
Recognizing that noise is a major environmental
problem confronting urban communities such as Santa Monica,
the City Council in 1975 adopted a Noise Element for the
Santa Monica General Plan. The priorities for noise control
efforts enunciated therein were as follows:
1. Transportation Noise - The Noise Element
identified motor vehicle and air traffic as the most
significant sources of noise pollution in the City.
2. Population Noise - The second major sources
of noise emitted at nuisance levels identified were barY>ing
dogs, musical instruments and stereos.
3. Construction Noise - While not recognized as
a prime source of noise pollution in the City, when it does
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occur., construction noise is particularly disruptive
because of its sporadic and intermittent high levels.
4. Industrial Noise - Of lower priority, this
source of noise has been controlled largely through
effective zoning measures, although additional preventative
actions may be taken to further minimize the impact on
immediately adjacent residential areas.
Implementation of the Noise Element objectives
and priorities with regard to transportation to date are
reflected largely in the Municipal Code provisions governing
airport operations, regulation of traffic flow patterns,
and active police enforcement of extensive California Motor
Vehicle Noise Standards, to the extent of available resources.
Efforts to control other sources of noise in the community
include.'.; imposition'.= of various noise control conditions
on new development by the Planning Department; enforcement
of existing Building Code standards; and abatement of
nuisances under various scattered Municipal Code provisions
dealing with general and specific noise sources. For example,
the Code currently provides for regulation of noisy animals,
sound trucks, street vendors, construction noises and
"unnecessary noises" which are "annoying to persons of
ordinary sensitiveness" (see SMMC X4128, 4204 through
4204(d)(2), 4245 and 4300). The vague standards for
measurement., or absence thereof, in said Sections, however,
provides .little deterrence, hampers effective measurement
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and enforcement, and allows for inequitable application.
A prior staff effort to draft a comprehensive noise
control ordinance did not come to fruition in the rush of
other priorities. However, in light of mounting evidence
of direct and substantial health hazards, (physical and
psychological) and indirect impact as well on the social
well-being of the community as a whole, implementation of
the General Plan's Noise Element appears to merit a compreh-
ensive, coordinated and sophisticated approach. at the
earliest possible date.
Model Noise Ordinances for municipalities have
been promulgated by such entities as the League of California
Cities, the Environmental Protection Agency and the California
Office of Noise Control. Approximately, 40 cities in the
Los Angeles County have now adopted comprehensive noise
control ordinances, in most cases patterned after one or
more of the models above. The most recent local enactment
is the ordinance recently adopted by the County of Los Angeles
and attached hereto as Exhibit "A". This ordinance represents
extensive technical staff investigation, hearings, environ-
mental impact analysis and public input over more than a
year's time. The ordinance is a blend of the various model
ordinances available, adapted to meet the needs and priorities
of the County and modified to address enforcement obstacles
identified by other localities in implementing their ordinances.
Generally, this ordinance establishes precise
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quantitative noise level standards for residential, commercial,
industrial properties, and institutions in a designated Noise
Sensitive Zone. It further regulates common noise sources
over which local government has jurisdiction such as: air
conditioners, amplified sound of any kind, places of public
entertainment, loud speakers, loading and unloading, refuse
collection vehicles, construction equipment activities,
and domestic power tools. The ordinance is enforced by
the Health Officer, who has authority to prosecute violations
as a misdemeanor, and has provisions for special permits,
variances, and an appeals board. As the County ordinance
is quite detailed and technical in nature, a narrative summary
is attached as Exhibit "B".
It is estimated that it would take the staff a
minimum of three months to prepare an ordinance of this type
for review by the Planning Commission. and final action by
City Council, assuming it will be necessary to prepare a
full environmental impact report under state law. The
issues are technically very complex; the various model
ordinances must be carefully adapted to the needs and priorities
of this community, the public and private costs of various
levels of noise abatement evaluated, and the existing code
reviewed to eliminate nonconforming or outdated provisions.
Technical input from numerous City departments will be necessary.
It is not envisioned that the public costs associated
with enforcement of such an ordinance would be large, but
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the private costs are not well identified at the present
time. In terms of public costs, the staff will attempt to
design an ordinance that can be enforced by existing
personnel (with supplementary technical training). Equipment
costs will largely be confined to signs and measurement or
monitoring devices. Furthermore, County officials have
.suggested that the enforcement costs for smaller localities
could be further reduced by contracting with. the County for
technical inspection, personnel and equipment.
Alternative Solutions
To direct the staff to develop a comprehensive
and sophisticated noise control ordinance or to continue
to rely on noise control measures in the existing Municipal
Code.
Recommendation
The staff recommends that the City Council direct
the staff to prepare for consideration by the Planning
Commission and City Council at the earliest possible date
a comprehensive community noise control ordinance:d-
Prepared by: Richard L. Knickerbocker, City Attorney
Anne M. Kirlin, Deputy City Attorney
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(d) Exemption from exterior noise
standards: certain activities exclusively
regulated by Section 501 (ex.-Construc-
tion, forced air blowers)
(e) Motion picture production and related
activities
{f) Railroad activities
(g) Federal or State preempted activities
(h) Public health and safety activities
(i) Vehicles on private property
(j) Seismic surveys
(k) Agricultural operations
(1) Minor maintenance to residential real
property
(m) Oil and Gas Wells
VII Variances
Section 701 - 707 - Procedure
VIII Violations and Enforcement
$500 fine or 6 mo. in jail, maximum severability clause
OUTLINE OF. LOS ANGELES COUNTY
NOISE ORDINANCE N0. 11,773
I Title
II Declaration of Policy
III Definitions
IV Community Noise Criteria
Section 401 - Decibel Measurement Criteria
Section 402 - Designated Noise Zone:
I - Noise Sensitive Area
II'- Residential Properties
III - Commercial Properties
IV - Industrial Properties
Section 403 - Exterior Noise Standards
(noise levels ciassified according to above
zones, time of day, with five (5) specific
standards providing for noise which may
exceed the above exterior noise levels
for a limited amount of time depending
upon the ambient noise level.)
Section 404 - Interior Noise Standards
{a) noise standards
(b) allowable noise levels for multi-family
and residential zone
Section 405 - Character of Sound (pure or impulsive noise
is reduced by 5 decibels)
Section 406 - Noise Level Measurement
explains how and where to measure
EXHIBIT "B"
V Prohibited Acts
Section 501 - Specific Prohibitions {above the designated
noise level for the particular activity)
(a) Street Sales (by shouting or outcry)
(b) Loading and Unloading (from 10 p.m.
to 6 a.m.)
{c) Construction (between 7 p,m. and 7 a,m,)
Detailed restrictions on contractor accord-
ing to type of structures affected, i,e,
residential v. business,
(d) Vibration
(e) Vehicle or Motorboat Repairs and
testing
(£) Places of Public Entertainment
(g) Powered Model Vehicles
(h) Stationary Non-Emergency Signaling
Devices
(i) Emergency Signaling Devices
(j) Refuse Collection Vehicles
(k) Noise Sensitive Zones
(1) Residential Air-Conditioning or
Refrigeration Equipment
(m) Forced air blowers in tunnel car washes
VT Special Provisions
Section 601 - Exemptions
(a} Emergency
(b) Warning Devices (ex. police siren)
(c) Outdoor activities (public playgrounds,
public or private. school grounds