HomeMy WebLinkAboutPlanning Commission Minutes 03/11/19971
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CITY OF PETAL UMA
PLANNING COMMISSIONMINUTES
REGULAR MEETING March 11, 1997
CITY COUNCIL CHAMBERS 7:00 PM
CITY HALL - PETALUMA, CA
Commissioners: Present: Bennett, Feibusch, Rahman, vonRaesfeld, Wick *; Absent:
Maguire, Thompson
Staff: James McCann, Principal Planner
Vincent Smith AICP. Senior Planner
' Chairperson
PLEDGE OF ALLEGIANCE.
APPROVAL OF MINUTES: Minutes of February 25, 1997 Nvere approved as printed.
PUBLIC COMMENT: None.
DIRECTOR'S REPORT: Congratulations to Vincent Smith on his completion of 1
year service to City.
COMiNIISSIONER'S REPORT: None.
CORRESPONDENCE: None.
APPEAL STATEMENT: Was read.
LEGAL RECOURSE STATEMENT: Was noted on agenda.
OLD BUSINESS
CONTINUED PUBLIC HEARING
I. NOISE ORDINANCE; CITY OF PETALLT-NL-k (vs).
Continued consideration of an amendment to the Zoning Ordinance to establish
new Noise Regulations. The following action is necessar-, : A recommendation to
the City Council to repeal and replace the current noise regulations with the
proposed regulations.
(Continued from the Planning Commission meeting of January 14, 1997.)
(The public hearing was closed at the January 14, 1997 meeting.)
SPEAKERS:
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5 Senior Planner Smith Presented the staff report - summarized changes and current draft
6 Ordinance; not intended to be a heavy- handed set of regulations; staff will be evaluating
7 the Ordinance over the next l +year to ensure that it meets the expectations - amendments
8 will be recommended by staff as they become evident/necessary.
9 Commissioner Feibusch - Concerned with potential adverse effects of new regulations on
to existing land uses.
11 Commissioner Wick - Invited comments.
12 Wayne Vieler - Referenced the January 14, 1997 and the July 23, 1996 Planning
13 Commission Minutes - a number of points raised by speakers not addressed in the
14 revised draft; suggests that we should apply noise standards to different zoning
15 designations; suggest that 65dBa should be the maximum level for commercial (mixed
16 use) and 60 dBa for residential; what is definition of ambient; noise measurement - how
17 is ambient defined/determined ?; suggested change term of Exception to 6 months, not 3
18 months; suggested Noise Control Officer should be the Police Department, not Planning
19 Department.
20 Michael Healy - 304 Kentucky Street - Two main issues - 1) Are noise levels set at
21 appropriate levels; 2) is the Ordinance enforceable in a practical manner; how does this
22 compare to existing Ordinance? Believes that draft Ordinance is much more lenient than
23 existing; references 1992 letter /evaluation from Mullins Acoustic (for Kicker's) questions
24 the change in noise levels from 7/3/96 and current Ordinance - unsure of the appropriate
25 maximum level; second issue - enforceability - staff (and especially Police officers) don't
26 have time to enforce; keep process simple, set one standard and allow exception
27 provisions to apply; suggest proposed exemption for Historic;'lndustriaUCommercial uses
28 (22 -301.4 ) be moved to the Exception section, also expand definition and provide
29 criteria on what is historic industrial and commercial (in business since when ?, of a
30 specific character such as what ?).
31 Commissioner Wick - Will this be a significant new demand on staff time.
32 Commissioner Rahman - Safety is a concern for measurement taking (potential for
33 harassment); concerned that Planning staff will be placed in potentially dangerous
34 situations - Police officers better equipped for these matters.
35 John Fitzgerald - 114 Suncrest Terrace - Must respect existing older industrial uses and
36 not compromise their continued activity - very important to community.
37 Commissioner Wick - Reference comments received from Commissioner Maguire's
38 comments: 1) have City Attorney address City's ability to regulate fairgrounds; 2)
39 regulate public address systems; 3) vehicles regulations - r It was noted that second and
40 third issues addressed in ordinance.
41 Commissioner Rahman - Concurs with Commissioner Maguire's fairgrounds points;
42 should retain historic businesses as exemptions - very important to the community.
43 Commissioner Wick - Exemption thresholds are stated, applicant must demonstrate with
44 substantial evidence that the historic use hasn't been significantly altered.
45 Commissioner Rahman - Keep it simple, move away from noise over time (periods)
46 cessation of use should be 6 months (not 3 months); add definition of ambient; view this
47 as a test period - revisit; suggest that enforcement be the responsibility of the Police
48 Department.
49 Commissioner Bennett - Most of my comments depend on whether this is interim or
50 permanent; should be sun -setted to address the points raised, that must protect
51 significant parts of community /industry.
52 Commissioner vonRaesfeld - Agrees with Commissioner Bennett.
53 Commissioner Wick - Agrees, 2 -year interim Ordinance - a lot is changing, will need to
54 revisit; need to consider geographic considerations to noise regulations; if adopted, this
I Ordinance (permanently) would be an affront to the public trust; the Commission stated
2 they would study noise by geographic area.
3 Commissioner vonRaesfeld - Provide an opportunity to industrial users to establish a
4 background base; invite them to submit a noise baseline study to establish their levels.
5 Principal Planner McCann - No problem to add two -year sunset clause to Ordinance.
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8 A motion was made by Commissioner Rahman and seconded by Commissioner Feibusch
9 to recommend to the City Council approval of the proposed amendment to Zoning
to Ordinance Section 22 -301 to establish new noise regulations based on the findings listed
11 in the staff report and adding a sunset clause (2 years) with the possibility for extensions,
12 and a definition of ambient. The Commission also asked that the City Attorney
13 investigate City regulation of fairgrounds.
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15 Commissioner Maguire: Absent
16 Commissioner Bennett: Yes
'1.7 Commissioner Feibusch: Yes
18 Commissioner Rahman: Yes
1 Commissioner Thompson: Absent
20 Commissioner vonRaesfeld: Yes
21 Chairman Wick: Yes
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24 PROJECT FINDINGS
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26 Zoning Ordinance Amendment Findings:
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28 1. The Planning Commission finds that the proposed Zoning Ordinance Amendment to
29 replace the existing noise regulations contained in Section 22 -301 with new noise
30 regulations conforms to the Petaluma General Plan in that the proposed regulations support
33 Section 11.9 of the General Plan with regard to limiting the effects of noise - producing
32 activities on people.
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34 2. The Planning Commission finds that the proposed Zoning Ordinance Amendment to
35 regulate the production of nuisance causing noise will result in an improvement to the
36 community's health, safety and welfare.
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38 3. The Planning Commission finds that this project is not subject to the requirements of
39 CEQA pursuant to State Guidelines Section 15061 (b)(3) which states that CEQA applies
40 only to projects which have the potential for causing a significant effect on the
41 environment and that where it can be seen with certainty that there is no possibility that the
42 project in question may have a significant effect on the environment, the project is not
43 subject to CEQA.
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50 SECTION 22 -301: NOISE REGULATIONS
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1 22 -301.1 Purpose
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3 It is declared to be the policy of the City, in the exercise of its police power, to protect properties
4 and the general health, safety and welfare of persons from unnecessary, excessive and annoving
5 noise disturbances. At certain levels, noises are detrimental to the health and welfare of the
6 citizenry and, in the public interest, shall be prohibited. It is the purpose of this chapter to
7 implement the goals of the Health and Safety Element of the General Plan by prescribing
8 standards prohibiting detrimental levels of noise and by providing an effective and readily
9 available remedy for violations. The provisions of this chapter and the remedies contained
10 herein shall be cumulative and are not intended to replace any otherwise available remedies for
I 1 public, private or mixed nuisances, nor any other civil or criminal remedies otherwise available.
12 In addition, the regulations contained herein are not intended to substitute for any noise analysis
13 conducted as a part of the City's environmental review process for discretionary permit
14 approvals, nor is it intended to limit more strict noise control requirements for discretionan.
15 permit approvals should more strict measures be found to be necessary in order to maintain noise
16 levels that are not detrimental to the health and welfare of the citizenry.
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18 22 -301.2 Definitions
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20 A. "noise disturbance" shall mean any sound which, because of its loudness (amplitude).
21 duration, or character, disturbs, injures or endangers the public comfort, health, peace or
22 safety within the limits of the City of Petaluma.
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24 B. "Decibel" the measurement unit used for loudness of sound /noise.
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26 C. "A- Weighted Sound Level (dBA)" is a decibel scale that approximates the way the human
27 ear responds to frequency levels.
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29 D. "Equivalent Sound Level (Leq)" is a term used to assign a single value A- weighted decibel
30 level to the measured average sound exposure over a period of time.
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32 E. "Noise Control Officer" is the City of Petaluma Planning Director or his/her designee.
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34 22 -301.3 Noise Regulations Generally.
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36 A. The following specific acts, subject to the exemptions provided in Section 22- 301.4, are
37 declared to be public nuisances and are prohibited:
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39 1. The operation or use of any of the following before 7:00 a.m. or after 10:00 p.m. daily
40 (except Saturday, Sunday and State.. Federal or Local Holidays, when the prohibited time
41 shall be before 9:00 a.m. and after 10:00 p.m.):
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43 a) A hammer or any other device or implement used to repeated] X pound or strike an
44 object.
45 b) An impact wrench, or other tool or equipment powered by compressed air.
46 c) Any tool or piece of equipment powered by an internal- combustion engine such as,
47 but not limited to, chain say, backpack blower, and lawn mower. Except as
48 specifically included in this Ordinance, motor vehicles, powered by an internal-
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I combustion engine and subject to the State of California vehicle code are excluded
2 from this prohibition.
3 d) Any electrically or battery powered tool or piece of equipment used for cutting,
4 drilling, or shaping wood, plastic, metal, or other materials or objects, such as but
not limited to a saw, drill, lathe or router.
6 e) Any of the following: the operation and /or loading or unloading of heavy equipment
7 (such as but not limited to bulldozer, road grader, back hoe), ground drilling and
8 boring equipment hydraulic crane and boom equipment, portable power generator or
9 pump, pavement equipment (such as but not limited to pneumatic hammer,
10 pavement breaker, tamper, compacting equipment), pile - driving equipment,
11 vibrating roller, sand blaster, gunite machine trencher, concrete truck, and hot kettle
12 pump and the like.
13 f) Construction, demolition, excavation, erection, alteration or repair activity.
14 h) Operating or permitting the operation of powered model vehicles including but not
1 -5 limited to cars. aircraft and boats E
I6 i) Using or operating for any purpose any loudspeaker, loudspeaker system or similar
17 device in such a manner as to create a noise disturbance. Any permit issued pursuant
Is to PMC Section 13.28.050 (amplified sound permit within a public park) is exempt
19 from this section.
20 j) The use of truck /tractor trailer "Jake Brakes" on any public street under the
21 jurisdiction of the City, of Petaluma Police Department.
22 2. In the case of urgent necessity and in the interest of public health and safety, the Noise
23 Control Officer may issue a permit for exemption from the requirements with subsection
24 22- 301.3. Such period shall not exceed ten (10) working days in length but may be
25 renewed for successive periods of thin (30) days or less, not to exceed a total of 90
26 days while the emergency continues. Requests for exemptions beyond 90 days shall
27 require public hearing_ approval. The Noise Control Officer may limit such permit as to
28 time of use and /or permitted action, depending upon the nature of the emergency and the
29 type of action requested.
30 B. Noise Measurement: Utilizing the "A" weighting scale of a sound level meter and the
31 "slow" meter response (use "fast" response for impulsive type sounds), the ambient noise
32 level shall first be measured at a position or positions at any point on the receiver's property
33 which can include private and public propem In general, the microphone shall be located
34 four to five feet above the ground; ten feet or more from the nearest reflective surface where
35 possible. If possible, the ambient noise shall be measured with the alleged offending noise
36 source inoperative. If for any reason the alleged offending noise source cannot be shut
3�7 down, the ambient noise must be estimated by performing a measurement in the same
3;8 general area of the source but at a sufficient distance such that the noise from the source is at
39 least l Odb below the ambient in order that only the ambient level be measured.
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41 1. If the measured ambient level is greater than 60db, the Maximum Noise Exposure
42 standard shall be adjusted in 5db increments for each time period as appropriate to
43 encompass or reflect the measured ambient noise level. In no case shall the maximum
44 allowed threshold exceed 75db after adjustments are made.
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1 2. In the event the measured ambient noise level is 70db or greater, the maximum
2 allowable noise level shall be increased to reflect the maximum ambient noise level. In
3 this case, adjustments for loudness and time as contained in TABLE I shall not be
4 permitted.
5 3. No person shall cause or allow to cause, any source of sound at any location within the
6 incorporated City or allow the creation of any noise on property owned, leased, occupied
7 or otherwise controlled by such person, which when measured on the property where the
8 noise disturbance is being experienced within public or private open/outdoor spaces,
9 exceeds the noise level of TABLE I.
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TABLE I: Noise Level Criteria (Exterior)
Time: 10 p.m. to 7 a.m. M -F
Maximum Noise Exposure
10 p.m. to 8 a.m. S. S and Holidays
(Leq, dbA)
General Plan Ambient
60
cumulative period of 15 minutes or
more in one hour
65
cumulative period of 5 minutes or
more in one hour
70
cumulative period of 1 minute or more
in one hour
75
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12 22 -301.4 EXEMPTIONS.
13 A. Aerial warning devices which are required by law to protect the health, safety and welfare of
14 the community shall be exempt from the provisions of this chapter.
15 B. Emergency vehicle responses and all necessary equipment utilized for the purpose of
16 responding to a declared state of emergency are exempt from this chapter.
17 C. Airport, helip a f F u osp it l,T=Fner—geney use, roadways and railroad operations.
18 D. The operation of garbage collection and other municipal or utility vehicles.
19 E. Uses established through the discretionary review process containing specific noise
20 conditions of approval and/or mitigation measures.
21 F. Historic industrial and commercial uses where substantial evidence can be submitted to show
22 that the operation of the use has not been significantly altered
23 22 -301.5 EXCEPTIONS.
24 A. Authorities. The Noise Control Officer is authorized to grant exceptions from any provision
25 of this chapter, subject to limitations of proximity to noise sensitive uses, noise levels, time
26 limits and other terms and conditions as the Noise Control Officer determines are
27 appropriate to protect the public health, safety and welfare from the noise emanating
28 therefrom. This section shall in no way affect the duty to obtain any permit or license
29 required by law for such activities.
30 B. Application. Any person seeking an exception pursuant to this section shall file an
31 application with the Noise Control Officer consistent with the provisions and requirements
32 of Section 26 -512 (Minor Conditional Permits). The application shall contain information
33 which demonstrates that bringing the source of sound or activity for which the exception is
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I sought into compliance with this chapter would constitute an unreasonable hardship on the
2 applicant, on the community, or on other persons. The application shall be accompanied by
3 a fee as established by Council Resolution. A separate application shall be filed for each
4 noise source; provided, however, that several mobile sources under common ownership, or
5 several fixed sources on a single property may be combined into one application. Any
6 individual who claims to be adversely affected by allowance of the exception may file a
7 statement with the Noise Control Officer containing any information to support his/her
8 claim. If at any time the Noise Control Officer finds that a sufficient controversy exists
9 regarding an application, a public hearing before the Planning Commission may be held.
10 C. Decision Criteria. In determining whether to grant or deny the exception application, the
11 Noise Control Officer shall balance denial as a hardship on the applicant against:
12 1. the adverse impact on the health, safety and welfare of other persons affected;
13 2. the reasonableness of compliance with this code given the existing conditions and scope
14 of the necessary improvements to comply;
15 3. the adverse impact on property affected;
16 4. any other adverse impacts of granting the exception; and,
17 5. consistency with the General Plan.
18 Applicants for exceptions and persons contesting exceptions shall be required to submit such
19 information as the Noise Control Officer may reasonably require to adequately address the
20 above five areas of consideration.
21 D. Approval/Findings. Exceptions shall be granted by notice to the applicant containing all
22 necessary conditions. The exception shall not become effective until all conditions (if an ".)
23 are agreed to in writing by the applicant. Noncompliance with any condition of the
24 exception shall terminate the exception and subject the person holding it to those provisions
25 of this chapter for which the exception was granted.
26 E. Term of Exception. The term of the exception shall run continuously with the associated
27 use and shall terminate upon cessation of the use for a period of threes six (6) months or
28 more.. An exception shall only be transferred to a similar use at the same location upon the
29 Noise Control Officer receiving sufficient information to find that: the new use is of the
30 same or lesser intensity; and, the new use will not substantially alter the pattern of noise
31 generation established by the previous use (i.e. increase evening or morning noise over the
32 previous use).
33 22 -301.6 NOISE CONTROL OFFICER.
34 The Planning Director is hereby appointed the Noise Control Officer of the City. It shall be the
35 responsibility of the Noise Control Officer or his/her designated representative to enforce the
36. provisions of this section and to perform all other functions required of the Noise Control Officer
37 by this section. Such duties shall include, but not be limited to, investigating potential violations
38 of this section and referring evidence of such violations either to the Police Department or City
39 Attorney for initiation of legal action.
40 22 -301.7 INTERRELATIONSHIP OF PROVISIONS.
41 It is the purpose of this chapter to provide maximum noise level limitations for otherwise lawful
42 activities. Nothing contained in this section shall be deemed to authorize anv otherwise
43 prohibited activity nor to supersede existing land use /zoning limitations. In the event of a
44 conflict between the standards contained in this chapter and any other provision of law, the more
45 restrictive shall govern.
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II. LIAISON REPORTS
E. Washington planting project.
III. PROJECT STATUS REPORTS:
I. Compagno Accessory Dwelling (Appeal)
2. Cross Creek (SPARC)
3. Central Petaluma Specific Plan
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16 Commission requested following be added to March 25 agenda:
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18 ® A status report on the City's Traffic Model
19 9 A discussion of the Washington Street/Ely Boulevard intersection
20 ® Update of the pending Specific Plans;'Special Studies
21 General Plan Update Work Program
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24 ADJOURNMENT: 9:30 PM
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28 min031 I / plan77
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