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HomeMy WebLinkAboutOrd 1985-2101 ORDINANCE NO. 2101 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 19.66.060, REPEALING SECTION 19.66.070 AND ADDING CHAPTER 19.68 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO PERFORMANCE STANDARDS AND NOISE CONTROL The City Council of the City of Chula Vista does ordain as follows: SECTION I: That Section 19.66.060 of Chapter 19.66 of the Chula Vista Municipal Code be, and the same is hereby amended to read as follows: Sec. 19.66.060 Locations Where Determinations are to be Made. The determination of the existence of any dangerous and objectionable elements shall be made at the location of the use creating the same and at any points where the existence of such elements may be more apparent (herein referred to as "at any point"); provided, however, that the measurements necessary for enforcement of performance standards set forth in Sections 19.66.080 through 19.66.150, namely those measurements having to do with vibration, odors or glare, shall be taken at the following points of measurement: A. In any district except the I zone: at the lot line of the establishment or use; B. In the I zone: five hundred feet frcm the establish- ment or use or at the boundary or boundaries of the zone if closer to the establishment or use, or at any point within an adjacent zone other than an I zone. SECTION II: That Section 19.66.070 of the Chula Vista Municipal Code be, and the same is hereby repealed. SECTION III: That Chapter 19.68 as more fully described in the attached Exhibit "A" shall be added to the Chula Vista Municipal Code as though fully set forth herein. SECTION IV: This ordinance shall take effect and be in full force on the thity-first day from and after its adoption. Presented by Approved as to form by ~eorge~,'rempl, D r of Charles 'R. Gill, Assistant ~' Planning City Attorney FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CT'' OF CHULA VISTA7 CALIFORNIA7 HELD February S 19 85 AND FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD February 19 , 19 85 , BY THE FOLLOWING VOTEr TO-WIT: AYES: Councilmen Scott, Moore, Cox~ Malcolm, McCandliss NAYES: Councilmen None ABSTAI N: Councilmen None ABSENT: Councilmen None Mayor GT"t'~ City of Chula Vista T~~ ~ ' ATTES * ~~/~ ' ~ ~'~Ie Si..; OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of ORDINANCE NO. 2101 ,and that the same has not been amended or repealed. DATED (seal) City Clerk CC~660 T Revised 1/22/85 EXHIBIT "A" CHAPTER 19.68 PERFORMANCE STANDARDS AND NOISE CONTROL Sections: 19.68.010 General Provisions 19.68.020 Definitions 19.68.030 Exterior Noise Limits 19.68.040 Interior Noise Limits 19.68.050 Prohibited Acts 19.68.060 Special Provision (Exemptions) 19.68.070 Exceptions 19.68.080 Enforcement 19.68.090 Appendices Section 19.68.010 General Provisions a. Title. The ordinance codified in this title shall be known and may be cite~he Noise Control Ordinance" of the City of Chula Vista. b. Declaration of findings and policy. Whereas, excessive noise and vibration are a serious hazard to the public health and welfare and the quality of life, and Whereas, the people have a right to and should be ensured an environment free from noise and vibration that may jeopardize their health or welfare or degrade the quality of life; Now, therefore, it is the policy of the city to prevent noise and vibration which may jeopardize the health or welfare of its citizens or degrade the quality of life. c. Criteria. As criteria for this chapter, Table I is a chart showing sound levels and their expected impact in terms of human response. Table II is a list of National Goals for Noise Reduction as set forth by the U.S. Environmental Protection Agency in their publication "Toward a National Strategy for Noise Control" April 1977. TABLE I SOUND LEVELS AND HUMAN REPSONSE Noise Common Sounds Level (dB) Effect Carrier deck 140 Painfully loud Jet operation Air raid siren Jet takeoff (200 feet) 130 Thunderclap Di scotheque 120 Maximum vocal effort Auto horn (3 feet) Pile drivers 1 lO Chain saw (2 feet) Garbage truck 1 O0 Power lawn mower (4 feet) Heavy truck (50 feet) 90 Very annoying City traffic Hearing damage (8 hours) Alarm clock (2 feet) 80 Annoying Hair dryer Vacuum cleaner (5 feet) Noisy restaurant 70 Telephone use difficult Freeway traffic Man's voices (3 feet) Air conditioning unit 60 Intrusive (20 feet) Light auto traffic 50 Quiet (lO0 feet) Living room 40 Bedroom Quiet Office Library 30 Very quiet Soft whisper (15 feet) Broadcasting studio 20 lO Just audible 0 Hearing begins -2- This decibel (dB) table compares some common sounds and shows how they rank in ' potential ham to hearing. Note that 70 dB is the point at which noise begins to harm hearing, that 60 dB is the threshold of stress response and 45 dB disturbs sleep. To the ear, each 10 dB increase seems twice as loud. TABLE II A. To take all practical steps to eliminate hearing loss resulting from noise exposure; B. To reduce environmental noise exposure to an Ldn value of no more the 75 dB immediately; C. To reduce noise exposure levels to Ldn 65 dB by vigorous regulatory and planning actions; D. To strive for an eventual reduction of noise levels to an Ldn of 55 dB. -3- Section 19.68.020 Definitions a. Terminology. All terminology used in this title, not defined in this chapter shall be in conformance with the American National Standards Institute standard ANSI Sl.1 - 1971 Acoustical Terminology (attached by reference). b. A-weighted sound level. "A-weighted sound level" means the sound level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB{A) or dBA. c. Ambient noise level. "Ambient noise level" means the composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location and time. d. Enforcement office{r). "Enforcement office{r)" means the City employee and/6r' police officer having lead responsibility for enforcing this chapter; and, the City employee having responsibility for making noise surveys, noise analyses, noise investigations and for the administration of this chapter. e. Construction. "Construction" means any site preparation, assembly, substantial repair, alteration or similar action, for or of public or private rights-of-way, structures, utilities or similar property or similar activity upon public or private structures or land. f. Continuous sound. "Continuous sound" means sound which is of a steady and - uninterrupted nature of a specified time period. For the purposes of this title, the minimum time period shall be one hour. g. Cumulative period. "Cumulative period" means an additive period of time composed of individual time segments which may be continuous or interrupted. h. Day/night average sound level (Ldn). "Day/night average sound level (Ldn)" means a twenty-four hour average of the A-weighted sound level, with the level during the period lO p.m. to 7 a.m. increased by 10 dB{a) before averaging. It is denoted "Ldn." i. Decibel. "Decibel" means a unit for measuring the amplitude of sound, equal to twenty times the logarithm to the base lO of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals. j. Demolition. "Demolition" means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property. k. Equivalent sound level {Leq). "Equivalent sound level (Leq)" means the average sound level measured over a stated time period. -4- Revised 2/i/85 1. Emergency work. "Emergency work" means any work performed for the purpose - of preventing or alleviating the physical trauma or property damage threatened 3r cause by an emergency. m. Environmental noise. See "Noise d~sturbance--env~ronmental." n. F~xed noise source. "F~xed no~se source" means a stationary device which creates sounds while fixed or motionless, including but not l~m~ted to residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air condit~oners, and refrigeration equipment. o. Impulsive sound. "Impulsive sound" means sound of short duration, usually less than one second, w~th an abrupt onset and rap~d decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms. p. Intermittent sound. "Intermittent sound" means sound which ~s not continuous or which is of a cyclic or repet~tive nature. q. Intrusive noise. "Intrusive noise" means that noise which intrudes over and above the existing ambient noise at a given location. The relative ~ntrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence, and tonal or informational content as well as the prevailing ambient no~se level. r. Mobile noise source. "Mobile no~se source" means any noise source other than'a f~xed noise source. ~. Multiple Dwelling. "Multiple dwelling" means a building or portions therefor designed for or used exclusively for residence purposes by three or more families or housekeeping units, living independently of one another. t. Noise disturbance. Any no~se exceeding the noise level limits for a designated receiving land use category specified ~n Table III, or the prohibited actions as specified in Section 19.68.050 shall be deemed to be a noise disturbance. (1) Noise Disturbance--Environmental. Those no~se disturbances resulting from land use activity normally permitted under the land use code, but which exceed the noise level limits set by this code for that particular land use. Environmental noise sources are specified in, but not limited by the l~st in Appendix A. (2) Noise Disturbance--Nuisance. Those no~se disturbances, other than environmental noise disturbances, which because of their unusual presence are considered harmful to health and well-being, annoying, obnoxious and unpleasant. Nuisance noise disturbances are specified in, but not limited to, the examples in Appendix A. -5- u. Noise sensitive zone. "Noise sensitive zone" means any area designated by ' the Planning Commission for the purpose of ensuring exceptional quiet. v. Public right-of-way. "Public right-of-way" means any street, avenue, boulevard, highway, bikeway, sidewalk or alley or similar place which is owned or controlled by a government entity. w. Public space. "Public space" means any real property or structures thereon which are owned or controlled by a governmental entity. x. Pure tone. "Pure tone" means any sound which can be judged as audible as a single pitch or a set of single pitches by the enforcement officer or police officer. y. Real property boundary. "Real property boundary" means an imaginary line along the ground surface, and its vertical extension, which separates the real property owner by one person from that owned by another person, but not including intra-building real property divisions. z. Sound amplifying equipment. "Sound amplifying equipment," as used means any machine or device for the amplification of the human voice, music or any other sound. Sound amplifying equipment, as used in this title, shall not be construed as including standard automobile radios when used and heard only by occupantIs) of the vehicle in which installed, or warning devices on authorized emergency vehicles, or horns or other warning devices on other vehicles used only for traffic safety purposes. This definition shall include _ remotely located loudspeakers attached to and/or operated from a vehicle. aa. Sound level meter. "Sound level meter" means an instrument, including a microphone, an amplifier, an output meter, and frequency wei hting networks for the measurement of sound levels, which meets or exceeds ~e requirements pertinent for type S2A meters in American National Standards Institute specifications for sound level meters, S1.4-1971. bb. Vibration perception threshold. "Vibration perception threshold" means the minimum ground-borne or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. The perception threshold shall be presumed to be a motion velocity of O.O1 in/sec over the range of 1 to 100 Hz. cc. Weekday. "Weekday" means any day, Monday through Friday, which is not a legal holiday. -6- Section 19.68.030 Exterior Noise Limits a. Maximum permissible sound 1 evels by receiving land use. (1) The noise standards for the various categories of land use as presented in Table III and set forth in terms defined in the City land use code set forth in Chapter 19.04, shall, unless otherwise specifically indicated, apply to each property or portion of property substantially used for a particular type of 1 and use reasonably similar to the land use types shown in Table III. Where two or more dissimilar land uses occur on a single property, the more restrictive noise limits shall apply. (2) Additional land use classifications may be added by action of the City Council to reflect both lower and higher existing ambient levels than those shown. (3) Where doubt exists when making identification of receiving land use, the planning director may make an interpretation. (4) No person shall operate or cause to be operated, any source of sound at any location wi thin the city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level to exceed the environmental and/or nuisance interpretation of the applicable limits given in Table III. (5) 1. Environmental noise shall be measured by the equivalent sound level (Leq) for any hour. 2. Nuisance noise shall be measured as a sound level not to be exceeded at any time. 3. Sound levels by receiving land use shall be measured at the boundary or at any point within the boundary of the property affected. 4. Fixed location public utility distribution or fixed transmission facilities, located on or adjacent to a property line shall be subject to noise level limits of this section measured at or beyond six feet from the boundary of the easement upon which the equipment is located. b. Corrections to exterior noise level limits. (1) If the noise is continuous, the Leq for any hour will be represented by any lesser time period within that hour. Noise measurements of a few minutes only will thus suffice to define the noise level. (2) If the noise i s intermittent, the Leq for any hour may be represented by a time period typical of the operating cycle. Measurement should be made of a representative number of noisy/quiet periods. A measurement period of - 7 - not less than 15 minutes is, however, strongly recommended when dealing with intermittent noise. (3) In the event the alleged offensive noise, as judged by the enforcement officer, contains a steady, audible sound such as a whine, screech or hum, or contains a repetitive impulsive noise such as hammering or riveting, the standard limits set forth in Table III shall be reduced by 5 dB. (4) If the measured ambient 1 evel exceeds that permissible in Table III, the allowable noise exposure standard shall be the ambient noise level. The ambient level shall be measured when the alleged noise violations source is not operating. TABLE III EXTERIOR NOISE LIMITS l, 2 1. Environmental Noise - Leq in any hour. 2. Nuisance Noise - Not to be exceeded any time. Noise Level [dB (A)] Receiving Land Use Category lO p.m. to 7 a.m. 7 a.m. to lO p.m. A11 residential (except 45 55 multiple dwelling) Multi pl e dwel 1 i ng resi denti al 50 60 Commercial 60 65 Light Industry - I-R and I-L Zone 70 70 Heavy Industry - I Zone 80 80 Revised 2/!/85 Section 19.68.040 Interior Noise Limits a. Maximum permissible dwelling interior sound levels. (1) No person shall operate or cause to operate, any source of sound within a residential dwelling unit or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured inside a neighboring receiving dwelling unit to exceed the environmental and/or nuisance interpretation of the applicable limits given in Table IV. TABLE IV Type of Time Noise Level (dBA) not Land Use Interval to be Exceeded Multi-family Any 1 min in 5 min in Residential Time 1 hr 1 hr lO pm - 7 am 45 40 35 7 am - lO pm 55 50 45 (2) If the ambient noise level inside the receiving dwelling unit exceeds that permissible within any of the noise limit categories in Table IV, the allowable noise exposure standard in that category shall be the measured ambient for a cumulative period of five minutes in any hour, ambient plus 5 dB(A) for one minute in any hour and shall not exceed the ambient plus lO dB(A) at any time. Section 19.68.050 Prohibited Acts a. Noise disturbances prohibited. No person shall unnecessarily make, continue, or cause to be' made or continued, any noise disturbance. b. Specific prohibitions. The acts set forth in this section, and the causing or permitting thereof, are declared to be i n viol ation of this chapter. c. Vibration. Operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold of any individual at or beyond the property boundary of the source if on private property or at one hundred fifty feet from the source if on a public space or public right-of-way. d. Stationary non-emergency signaling devices. Sounding or permitting the sounding of any electrically operated or electronically amplified signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for non-emergency purposes, from any place, for more than 120 seconds continually, in an hourly period, or intermittent sounding over a 5 minute period in any hour. e. Emergency signaling devices. - (l) The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in subsection B of this section. (2) (a) Testing of a stationary emergency signaling device shall not occur before 7 a.m. or after 7 p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed 60 seconds. (b) Testing of the complete emergency signaling system, including the functioning of the signaling device, and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before 7 a.m. or after l0 p.m. The time limit specified in subsection B(1) shall not apply to such complete system testing. (3) Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm for more than 15 minutes is prohibited. -10- f. Noise sensitive zones. (1) Creating or causing the creation of any sound within any noise sensitive zone, so as to exceed the specified land use noise standards set forth in therefore, provided, that conspicuous signs are displayed indicating the presence of the zone; or (2) Creating or causing the creation of any sound within or adjacent to any noise sensitive zone, containing a hospital, nursing home, school, court or other designated area, so as to interfere with the functions of such activity or annoy the occupants in the activity; provided, that conspicuous signs are displayed indicating the presence of the zone. -ll - Section 19.68.060 Special Provision (Exemptions) a. Warning devices. Warning devices necessa~ for the protection of public safety, as for example, police, fire and ambulance sirens, and train horns, are exempted from the provisions of this title. b. Outdoor activities. The provisions of this title shall not apply to occasional outdoor gatherings, public dances, shows, and sporting and entertainment events {excluding regularly scheduled school athletic events), provided the events are conducted pursuant to a permit or license issued by the city relative to the staging of the events. The permit authority, as set forth in Chapter 19.58 of the land use code, may, aside from this title, regulate and control noise caused by such outdoor activity. c. Exemptions from exterior noise standards. The provisions of Section 19.68.030 shall not apply to activities covered by the following sections: {1) Street sales--prohibited unless exception is granted per Section 19.68.070. {2) Construction/demolition; (3) Stationary non-emergency signaling devices; (4) Emergency signaling devices; (5) Motor vehicles operating on public right-of-way; (6) Wherein noise limit exceptions or excesses are specifically provided for in the issuance of any temporary use permit pursuant to Chapter 19.54 and 19.58 or in City Council approval of any parades, civic functions or gatherings, such specifics shall prevail. d. Federal or date preempted activities. Any other activity to the extent regulation thereof has been preempted by state or federal law. -12- Section 19.68.070 Exceptions a. The City Council is authorized to grant exceptions for any environmental noise provision of this title, subject to limitations as to area, noise levels, time limits, and other terms and conditions as the city council determines are appropriate to protect the public health, safety, and welfare from the noise emanating therefrom. This section shall in no way affect the duty to obtain any permit or license required by law for such activities, not shall it apply to nuisance noises. b. Any person seeking exceptions pursuant to this section shall file an application with the planning director. The application shall be submitted and processed in the same manner as conditional use permits. The application shall contain information which demonstrates that bringing the source of sound or activity for which the exception is sought into compliance with this title would constitute, an unreasonable hardship on the applicant, on the community, or on other persons. - 13- Section 19.68.080 Enforcement a. Violations and penalties. (1) It is a violation for any property owner(s) and/or person(s) in control of property to permit, or cause, a noise disturbance to be produced upon property owned by them or under their control. (2) It is a violation for any person or persons to create or allow the making of noise disturbance as provided by this title at any location in the city. (3) The violation of this title by making or allowing an environmental noise disturbance shall be an infraction. Enforcement of environmental noise violations shall follow the procedures set forth in the land use code for zoning violations. (4) The violation of this title by making or allowing a nuisance noise disturbance shall be an infraction. Subsection d. provides for the method of enforcement wherein noise may be in violation of both the environmental and nuisance noise disturbance provisions. b. Environmental noise, (1) Classification of environmental nose. The enforcement officer shall determine that any given obtrusive noise condition that falls within the definition of environmental noise disturbance, pursuant to Section 19.68.020 is an environmental noise. The enforcement officer may use Appendix A, attached to ordinance codified in this title, as an aid in making such determinations. The planning director may make "determinations" classifying noise sources not specifically mentioned in Appendix A. {2) Responsibility. The building and housing director shall be responsible for investigation and enforcement of environmental noise disturbances. {3) Guidelines. The building and housing director may, from time to time, promul gate gui del i nes for admi ni strati on and enforcement of the provisions of this title pertaining to noise violations. { 4) Abatement shal 1 termi hate enforcement acti on. No compl ai nt or further action shall be taken in the event that the cause of the violation has been removed, the condition abated or fully corrected within the time period specified in a notice of violation issued by the enforcement officer. -14- c. Nuisance noise. ( 1 ) C1 assi fi cati on of Nuisance Noise. The chief of pol ice shal 1 determine that any given obtrusive noise condition that falls within the definition of nuisance noise disturbance, pursuant to Section 19.6'8.020 is a nuisance noise. The chief of police may use Appendix A, hereto, as an aid in making such determinations. At the request of the chief of police, the planning director may make "determinations" for classifying nuisance noise sources not specifically mentioned in Appendix A. (2) Responsibility. The chief of police shall be responsible for investigation and enforcement of nuisance noise disturbances. (3) Guidelines. The chief of police may, from time to time, promulgate guidelines for administration and enforcement of the provisions of this title pertaining to nuisance noise violations. (4) Abatement Order. The officer responsible for enforcement of any provisions of this section may issue an order requiring abatement of a sound source alleged to be in violation within a reasonable time period and according to guidelines which the chief of police may prescribe. Such orders of abatement may be verbally administered. Failure to comply may be held as a violation of this title. d. Enforcement of noise disturbances that are both environmental and nuisance. (1) Where investigation reveals that offending noise violates both the environmental noise regul ati ons and the nuisance noise regulations, the offense shall be enforced as a nuisance noise violation unless the chief of police makes a specific finding that the environmental noise regulations more nearly apply, in which case the environmental noise regulations shall apply. (2) Nothing contained in this provision shall limit the City's ability to prosecute noise violations as both environmental and nuisance noise. e. Violations: Additional remedies--Injunctions. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision of this chapter which operation or maintenance causes or creates sound levels or vibration exceedin9 the allowable limits as specified in this chapter is declared to be a public nuisance, and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. Additionally, no provision of this title shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person or injury or damage arising from any violation of this title or from any other law. -15- Section 19.68.090 Appendices a. A~o3endix A--Adoption. Appendix A to this title, codified in Subsection b is a pted concurrently with the adoption of the ordinance codified in this title. b. Appendix A--Designated. APPENDIX A CLASSIFICATION OF NOISE SOURCES ENVIROh~MENTAL NOISE NUISANCE NOISE Air-conditioning units (fixed) Air-conditioning units (improperly maintained} Animal shelters Animal, pets Auto and vehicle repair in conjunction Auto and vehicle repairs on with permitted commercial or residential sites industrial activity Carbide ignitors and similar devices producing impactive noise Commercial activities normally Commercial activities, other than found in connection with a those permitted which are causing permitted activity a nuisance. Also, outdoor commerical sales activities Construction/demolition activities (of a temporary nature) Industrial activities normally Industrial activities, other than found in conjunction with a environmental and causing a permitted activity nuisance Loading and unloading in conjunction Loading and unloading, other than with permitted uses environmental, and causing a nuisance - 16- ENVIRONMENTAL NOISE NUISANCE NOISE Loose shutters, squeaky gates, clattering drain covers, and other conditions resulting from inadequate property maintenance Machinery and compressors (fixed or Machinery and compressors other maintained in conjunction with a than environmental permitted activity) Off-road vehicles Outcrying, shouting, screaming, whistling, singing Powered model toys, devices, vehicles and equipment Power tools normally found in Power tools, other than conjunction with permitted uses environmental. Also, hobby activities Lawn mowers Pumps - Same as machinery and Pumps - Same as machinery and compressors compressors Private parties, gatherings, assemblages of limited duration Public address and public assembly, Public address and public assembly, indoor and outdoor, as permitted indoor and outdoor, as "temporary use use" or as an assembly other than environmental Radios, stereos, T.V.'s sound amplifiers, musical instruments, drums Signaling devices (non-emergency Signaling devices (non-emergency) stationary mobile utility truck radio speakers Outside phone bells School bells Emergency: Burglar alarms Auto theft alarms Sound trucks ' WPC O040B RESOLUTION NO. PCA-85-1 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AN AMENDMENT TO CHAPTER 19.66 PERFORMANCE STANDARDS RELATING TO NOISE MEASUREMENT AND REGULATIONS WHEREAS, the City Council directed that new noise regulations for the City of Chula Vista be prepared which will insure that noise hazards and nuisances will be prevented and controlled; and WHEREAS, the Planning Commission set the time and place for a hearing on said amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city at least ten days prior to the hearing, and WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m., December lg, 1984, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS PRESENTED AT THE HEARING, THE PLANNING COMMISSION recommends the adoption of amendments to Title 19 of the Municipal Code by revising Chapter 19.66 Performance Standard as listed in Exhibit "A" attached hereto and made a part of. That a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 19th day of December lg84 by the following vote, to-wit: AYES: Commissioners Carson, Tugenberg, Green, Guiles, Cannon and O'Neill NOES: None ABSENT: Commissioner Shipe Michael A. Green, Chairman ATTEST: Ruth M. Smith, Secretary WPC 1594P ORDINANCE NO. 2101 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 19.66.060, REPEALING SECTION 19.66.070 AND ADDING CHAPTER 19.68 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO PERFORMANCE STANDARDS AND NOISE CONTROL By a unanimous vote on February 19, 1985, the City Council placed the ordinance on second reading and adoption. The new noise ordinance includes eight sections: general provisions, definitions, exterior noise limits, interior noise limits, prohibited acts, special provisions (exemptions), exceptions and enforcement. The City has also purchased more sophisticated noise monitoring equipment to supplement the current handheld sound level meters. The equipment includes a noise profiling dosimeter with analyzer, printer and storage interfact and a two-channel audio frequency recorder. In addition to these noise requlations, the Police Department will continue to enforce the City Code as to "Noise and Disorderly Conduct" involving motorcycles and motor vehicles, loud speakers, phonographs, animals, etc. Copies of the ordinance are available at the office of the City Clerk, City Hall, 276 Fourth Avenue, Chula Vista, CA. Dated:2/20/85