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HomeMy WebLinkAboutResolution 6690 N.C.S. 09/03/1974 690 �iLi::m 8,-28-74 - •solutlonN'' ' = N. rC • % , � ORIGINAL 1.. , RES'OLUT.ION. ADOPTIMG..TI E NOISE S „ ECTION. 'OF. ' TH'E .ECOLOGIC ' . r ' 4'. RESOURCES; ELEMENT,' OF T:i-iE '.GENERAL ;PL_AN. OF THE .CITY. OF PETALUMA', INTRODUCED BY COUNCILMAN • ” , - , arid SECONDED BY COUNCILMAN - 1 - /- 1' -. - . ' ` • / l n Meeting of the City,'Council'� ar Re / City:of Petaluma,,on the 3rd _._ _ -- _ - - -day of . ,'T9 7 4 e I WHEREAS," the City; Planning ,Commission 114s. reviewed , the proposed ' Noise Se action o`f: the. E:colo: , is ' Resources' Element 'of' the .General 'Plan of the' g 'City. of 1Petalunna and has ! held a hearing thereon, and after sai,d he,aring finds • the .proposed• Noise S.e'ctzon' of ,the -Eco -logic .Re ReSedtce'S.terrient of the -Gen'er.`at ' - Plan should b adopted, ..and WHEREAS,. the City.,. Planning Commission fled with the City Clerk on • the sixth day of, August, ,1974,: its' report as set forth - in..i ts' •Resolution .No ' " 17=74, recommending adoption , o -f' 's'aid Noise: >Se'ct on, of . .the Ecologic Resources Element Hof the Generate P.l'an, .;and . ' • I ' WHEREAS the. Counc`i'l ;has revie • � _ _, �; p s�Noise�� •Section City wed the, � • ropo ea � ` g " as held a hearing on the third day Se tember t:. -. 1974. and after s nd h of the 'geologic Resourcy of s Element of, the General Plan and f nds, that g p p, ' _ the ,Ecologic. "Resources Element of General .. the � ro ose�d Noi -s °e •Se;c ion, of t _ the G 'Plan should be .adopted;, 1 NOW; THEREFORE,., BE ,IT' 'RESOLVED that- ,the proposed Noise ,Section of • the Ecologic Resources Element of the 'General Plan of the City of Petaluma is hereby, ado P ted .in the, „'form. AS prepared prepared by the a copy 'of which is at,- . tached' :hereto:: and .incorporated herein. , under, the jpower. and authority iconferred upon this. Council, 'by, the. Charter ,of.'said City. • I I hereby certiiythat- the foregoing Resolution. was duly and regulary „introduced; and adopted b "y the Council of 'the Ci of Petaluma on 'the 3rd , y . t . ' , 1`9:74 , " 'by- the following `v 'Say o f Sep ember otes: g,, , ly I, a h Jr., Jr: Dal, ; Harberson`,, Matteis AYES:. Councilmen Brunner ,•'Cavan , Perry, Jr,.�� ;.', and . Mayor Putnam'. :NOES: 'None.; , , ABSENT, None.„ ATTEST.. _ _ _ .� ll i„, City Clerk _ ` Mayor, w FORM `CA 10.7.31 . . - 9'7 - J , /.-' S/ 7/ 7/2/74 • • 7/26/74 ED SECTION NOISE 5.01 Introduction: Noise pollution - a new term for an old but seriously increasing. problem. The growing noise levels in cities has often been eegarded,as an unpleasant,but necessaey, byproduct of the technological advances of modern life. Increasingly, however, private citizens, organizations and government officials are determined to alleviate the noise pollution andrprdduce a "quiet city." One factor that has become apparent, through studies by "authorities in the 'field, is that the most dramatic increase in the noise problem is not. in the inner cities but in the ;areas outside the cities. Petaluma is a classic example of the pattern of conversion from farm land to suburban housing.and.suburban land. use to urban densities along with the systematic increase in noise. Cities such as Minneapolis, Minnesota and Memphis, Tennessee have proved it is possible to alleviate the noise problem when enough concerned people are aroused. By acting now Petaluma can also control noise pollution before it grows into a major 5.02 State legislative Requirements: Section 65302(g) of the Government Code of the State of California requires:' "A noise element in quantitative, numerical terms, showing Contours of present and projected noise • levels associated with all existing and proposed • major transportation elements. These include but are not limited to.the following: (1) Highways and freeways (2) Ground rapid transit systems (3) Ground facilities associated with all airports operating under a permit from the State Department of Aeronautics." Furthermore, Guidelines for Local General Plans • from the State of California Governor defines the scope and nature of the Noise Element as follows: "A. A statement of general policy indicating •the local jurisdiction's general intentions regard- . ing noise and noise sources in the community. B. Desired maximum noise levels by land use categories. C. Standards and criteria for noise emissions from transportation facilities. • 7/26/74 D. Standards and criteria for compatible: noise levels for local 'fixed - point' noise sources. E. Guideltn implementation. F. Appendix describing methodology of preparation and sources of data." Each city is .required to prepare: and adopt,. a- Noise Element to the GeneralPlan.by September 20,x. 1974. � 5.03 Noise as a Part of .Pe ;s tauma .General Plan: The Noise Section is proposed to be. part of the. ..Ecoiogi Rec sources Element of the Petaluma area General Plan., Noise can adversely. affect the enjoyment .of, quiet .activities in open space, thus .:.the Noise ,Section is related to the:Open Space Element. Open space areas can also be planted, with dense tree and bush cover to filter noise sources from sensitive areas. The Noise, Section relates to the Conservation Element in that excessive noise, especially in recreational areas, can disturb and frighten away wildlife indigenous t� the area. ,As part of the General Plan, the Noise Section relates closely to the Circulation, Land Use and Housing Element. It provides noise level standards which relate to the compatibility of land uses, especially ,en use or 4n locating can facili,- ties bintrelation to existing or planned land use. 5.04 a common phenomena Pro- 1 gr s grams to definer noise, 'measure its' impact mpact and control trol. noise are not so common. The Noise Section is proposed to define a noise policy for the City, evaluat'e the problem and provide an action program for the abatement `of excessive noise. 5.04.01 Definitions: (A) Decibel A unit for expressing the relative intensity • � sound on a g ahmscefmro for least perceptible sound for young ears to about g 130 for the • threshold of pain. ' (B) Noise-- Noise is unwanted sound. It does' not,carry information, and it can interfere with our ability to receive and interpret useful sound. An :examp1e; is the dog which barks once or twice, to warn and the dog which barks constantly to, no purpose. The .first is information' carrying sound; the second is noise. In addition,' the definition of noise may depend upon the listener. The barking watchdog is conveying sound I ° g to the owner and noise to the neighbor. • -2- • 7/26/74 I • (C) ' Sound Sound is vibration waves through, air, water and iitualay any solid liquid or gas from the point of on into the listener's ear. An example is one of the g " most common physical mechanisms for generating sound. The sheet metal panels of a truck hood are set into vibration by the engine operation. The vibrating panel moves b "ack. and forth, thus alternately pushing against the air and retreating, producing a partial vacuum. The effect is to produce small local fluctuations in atmospheric pressure which travel through the air'in . the form of sound waves to our ear somewhat as ripples caused by a stone dropped in a calm pool travel across that pool. (D) A - Weighted Sound Level (dBA) - A quantity, in decibels, read from a sound -level meter that is switched to the weighting network labeled "A ". The "A "- weighting net- work approximates the hearing of the human ear at moderate sound levels. (E) Noise Contour - A line on a map passing through points of the same sound intensity level. (F) Background Noise Background or ambient,nos the ® usually composite sounds from r. _ a g 1 given environment, being a. y p Usually it is measured by the noise level over a of 15 minutes without inclusion of noise from isolated identifiable. sources. 5.04.02 Impact of Poise: What is the impact of noise upon modern life? Is excessive noise more than an annoyance? The effects of noise are not as "dramatic" or immediate as other types of pollution, nor does noise have as long lasting effects on the environment. As soon as the source of noise is silenced, the unwanted sound disappears, whereas with water pollution, for example, the polluted water may take days, weeks or months to clear. Nevertheless, experts are in agreement that noise pollution does have a measurable social and economic impact. The argument that noise is not a major problem because people generally adapt to it is regarded as fallacious. The medical effects of noise at sufficient intensity are irreversible hearing damage and changes in the walls of blood vessels. In . addition, noise oi5e can. affect our psychological well being by disturbing sleep and relaxation arid. ' by interfering with speech and other communication. The economic cost of noise can range from the lowering of residential property values due to airport or traffic..., noise, to the reduction of an individual's efficiency due to fatigue, tension and headache resulting" from continuous or .loud..inter- mittent noise. Anyone who has tried to put in a "good day's -3 = 7 / 2 6/ 74 work" after having their sleep interrupted a number of times by a loud party next door or a barking dog can attest to the loss in efficiency. A noisy 'office or factory can reduce concentration on the task at hand or make it difficult to understand spoken instructions. The cause of accidents has been traced to high noise levels which resulted in misinter- . pretation of instructions. The impact of noise, therefore, even when not immediately apparent, can be damaging and costly. 5.05 Noise Standards and Evaluation: In order to determine the impact of noise upon,an areaor a situation, it is necessary to establish guidelines for noise exposure levels. The per- - ception of sound by the human ear is a very complex process • • and, to date, none of the measuring •apparatus or computation methods can exactly duplicate this process. The ear "hears" or responds to the level of sound pressure (volume) and to • the frequency of the sound (pitch). The most commonly used instrument for measuring sound is the sound •level meter. This instrument most commonly measures • the level of sound pressure in decibels on three different frequency networks. The A-weighting network is the most • universally accepted as it has a response approximating the loudness contour of the human ear. Of •importance alsb in noise measurement is the duration of the sound. . A noise may be bearable if it lasts a few seconds, • but impossible to'tolerate if it lasts several hours. 5.05.01 Standards for •Noise: Audible sound is measured on a logarithmic decibel scale from 0, the threshold of hearing, to 130, the threshold of pain. For each increase of 10dB there is a tenfold increase in Sound intensity or pressure which translates into an approximate doubling of "noisiness." In other words, 70dB is twice as loud as •6edB. In addition, • doubling the number of identical sources of sound results in only approximately a 3dB increase; if one airplane gener- ates a sound'pressure level of 80dB, two identical airplanes • will generate a level of 83dB. The following table provides sound levels of illustrative noises. The precise • reading is •in parenthesis after the noise source. • • -4- Aih Alk quir 7/26/74 Illustrative Noises 130 , Threshold of pain. 120 Jet take-off @ 200 feet 110 Rock band indoors (108-114) 100 Power mower (96) 90 Motorcycle @ 25. feet (90) 80 Car wash @ 20 •feet (89) ; Ice cream truck bell @ 20 feet (85) 70 Passenger car 65 mph @ 25 feet (77); Vacuum cleaner. (70) 60 Ice cream truck bell @ 200 feet (65): Conversation indoors "(60) 50 Large transformers @ 100 feet (50) 40 Bird calls (44) 30 Barely audible 20 10 0 Threshold of hearing 1 Sources: '"Outdoor Noise and the Metropolitan Environment" and Department of Community Development staff field checks. The illustrative noises listed above were those which can be found ih the City of Petaluma, except for the jet take-off, which was included to give a point of reference for extremely loud sound, Consideration also must be given to the type of sound measured. An intermittent or occasional noise may not have the nuisance value of a steady or continuous noise. Therefore, in setting standards for noise pollution it is necessary to consider: (A) Steady wide band noise - air blowing through ducts. (B) Steady narrow band noise - circular saw. / Melville C. Branch with R. Dale Beland, A.I.A., "Outdoor Noise and the Metropolitan Environment, Case Study of Los Angeles with SpeaiaZ !Reference to Aircraft," Graphics Section, Dept. of City Planning, los Angeles, California 90012 -5- • I 7/26/74 (C) Impulse' noise - car backfire. (D) Repeated impulsive noise riveting. (E) Intermittent noise - truck traffic. g discussion of standard noise an The.fore foregoing has been leadin to the kernel of the problem, noise oh is, levels g "What standards can the City of Petaluma reasonably set for a desirable limit for noise in residential, commercial and industrial areas ? Different agencies and cities have vary - ing standards for acceptable noise levels. The U. S. Environmental Protection Agency has set as the maximum suggested non - occupational (residential) sound level exposure for an 18 - 24-hour period at 70dB(A), and as the maximum recommended occupational noise level for an 8 -hour period at 90dB(A). Both standards seem to be set at an excessively high level of noise. The League of California Cities has suggested the following standards for ambient or background noise levels. Sound Level A, decibels Community Environment Classification Very Slightly Quiet noisy (rural, Quiet (suburban, Zone Time suburban) (suburban) urban) R1 and R2 10 pm to 7 am 40 45 50 7 pm to l0 pm 45 50 55 7 am to 7 pm 50 55 60 R3 and R4 10 pm to 7 am 45 50 55 7 am to 10 pm 50, 55 60 Commercial 10 pm to 7 am 515. 60 7 am to 10 pm 6 65 M1 anytime 70 70 M2 anytime 75 75 Field checks by the staff have recorded background noise level measurements of between 40 to 60 db(A) in the City's residential areas. Identifiable noises in the background included bird calls, children's voices, power tools and a dog barking. In a rural area the background noise level was 40 to 5 in the commercial area (downtown Petaluma) the background noise level recorded about 60 to 75 dB(A), depending upon the dis- tance from the street. In a check in an industrial area near a plant operating with open windows the noise level was 70dB (A) . -6- I , 7 /26/74 desired Ba sed .:on national t�.on °al stand °ardsl Monitored and adapted to the Petaluma- environment, averaged, noise level standards should be established at 55 dB(A) for rural areas; 65 dB(A) for residential. areas; 70 dB(A) for commercial areas and 75dB(A) for industrial areas: Any noise should adjust or refine these standards according the time or type of noise. 5.05 02 A System for Noise _Evaluation: In order to determine the areas within the City of Petaluma and the surrounding area that are affected by excessive noise, a map has been developed based • upon the resource maps developed for the Ecologic Resources {See M I - Element .p Since the Noise Section applies in gf°eat part to the Map ' developed portion of the General Plan area, the grid of the 100 -meter square cell (approximately 2 -1/2 acres) for Petaluma and the vicinity was determined to be appropriate. Data regard- ing noise levels is shown on the resource map in the following manner.. The maximum desirable noise level for each land use (rural, residential, commercial, and industrial) was entered in the lower right° hand corner of the map cells The desirable noise level was based on the zoning, county and city, since the zoning encompasses existing u°se,., vacant land and uses non - conforming factthat atresidenti al in in ystem reflects the this s example, East Court is destined to become -in district, for exam p' e� industrial barring a zone chanqe. In the upper left hand ;corner of the cell are entered any per- sistent noise levels from a fixed source which exceed the maximum for that area For example;,,: the noise from the U.S 101 Freeway exceeds the maximum desirable noise level for residential areas adjacent to the freeway and is so indicated. Each excessive noise source is given a separate code in the map legend,., Mobile (ice cream truck bells) or irregular (power mowers) noise levels' were not .entered on the map in order to avoid confusion. A record is maintained of such noise level measurements''. Noise contours of U.S. H ighway 101 and Lakeville Highway (State 116) noise levels were provided by the State Department of Transportation. Other noise levels were measured by the staff, using standards established by the State, i.e., noise levels subject to a range of + 3 dB`(A') and exceeded 10% of the time. From the above described resource map a map of excessive noise levels has been developed.. This 'qualitative map" of Petaluma and vicinity is divided into grad cells of ten acres. If the source' of excessive noise, is a transportation route, the cell has been marked with the appropriate symbol, even if only a por :tion,of the ten acres is affected, in order to indicate .a continuous zone of excessive noise. Therefore, if a cell is indicated as having an excessive noise problem, it does not -7- • ' i f 7/26/74 mean. that the entire ten acres is affected. For sources of . - I excessive' noise other than transportation routes, if over half the land in the .cell is aFffe'cted, the entire cell is marked with the appropriate. symbol. This map .provides a guide to I areas of .excessive noise and indicates the need for further investigation as to the scope of the problem. 5. 05.0 Existing Identified Noise Problem Areas: „ Work still. remains 'G in the identification of sources of noise pollution; however, the following areas have been identified as sources of noise levels maximum desirable for the adjacent land use. b . (A) U. S. Highway 1 Noise, contours obtained the ,State of California, Department of Transportation, show noise levels of 65, 70„ and 75dB1A) extending into residential areas adjacent to the freeway. (B) Lakeville Highway -, The same source as above provides noise contours for predicted and existing noise levels along this major route. Since much of the land along Lakeville' Highway is, as yet, undeveloped„ these these contours are of vital importance. (C) Car Races .at the Fairgrounds The close proximity of the Fairgrounds; to the residential areas and the center of the city has meant' many complaints with regard to the noise pollution. (D)' "D" Street The heavy truck traffic on this residential street results in high noise levels to approximately 7 OdB (A) (E) McDowell Blvd. - This thoroughfare is ,a source of ,noise . pollut.ion chiefly from automobiles, especially in resi- dentia areas adjacent to the shopping centers. In the future collector streets such as McDowell Blvd should have greater setbacks or "back on" treatment for adjacent • residences. ' ' 5.05.04 Transportation Facilities Standards and Criteria: The major source of 'noise pollution in Petaluma is fro transportation facilities. Standards can be set to improve existing condi tions r in some'' areas and, insure that .. future development is Protected against' noise pollution. Transportation facilsties can • be divided into a number of categories, each with standards and. criteria to fit their specific needs. The following • categories are described: (A) Freeways '- Noise levels, as high as 65 dB (A) extend 4 0 . feet from .U.S. 1 Freeway under :, conditions where the freeway . is at the-same _ ,level at surrounding development and landscaped buffers are insuff One hundred feet from the, freeway the noise levels are as high as -8- • 7/ 75 dB(A). Therefore, as a standard, residential development and educational facilities , should be prohibited within 400 feet of a freeway unless it can be shown by acoustical measurements that various mitigation measures such as sound proofing,and/or effective landscaped buffers will reduce the interior noise"levels. from transportation facilities to 50 dB(A) and the, exterior noise levels to 65 dB(A). In no case shall. .a residential building or an educational building be located within.200 feet of a •freeway. The.lollowing table dhows noise reduction due ,to structure. type: Corresponding Highest Exterior Noise Level Noise Which Would Reduction Achieve an Mid to Interior Design Type, of: Window Exterior of Noise Level of Building Condition the Structure - '55 dB(A) • All Open -10 dB(A) 65 dB(A) ' Light Ordinary, sash: frame Closed dB (A) 75 dB (A) With storm windows -2 dB(A) 80 dB(A) Masonry Single •glazed -25 dB(A) . 80 dB(A) Masonry Double glazed -25 dB(A) 80 dB(A) Source: U. S. Department of Transportation, Noise. Standards 1 sr Procedures (B) Highways - Contours from the Department 'Transportation, State of California, , show that predicted noise levels of 65 dB(A) extend 40.0 feet from Lakeville Highway. Speeds of over 4 miles per hour and truck" traffic insure that con- ' tours for highways.are.not.much different than .freeways. Therefore*, standards for highways should be the same as for freeways unless the posted speed is less than 4a miles per hour, then the, standards should be the same as for four lane thoroughfares. (C) Pour-lane Thoroughfares - The Petaluma Area General Plan show!, .numberof .four - lane thProUghfares, with - adiacen : t residential land-use. McDowell Boulevard is at four-lane status for a portion of its length. The staff .ran ,several tests on the four -lane Portion of McDowell and measured 70 dB(A) 30 feet from the center of the curb lane; 65 dB(A) 8 0 feet from the lane center, and 50 dB(A) 200 feet from the lane center. The measurements were taken of automo biles Proceeding at posted speed lmits and did not include trucks or plotorCycles. -9- . , /111 w . • 7/26/74 These measurements were checked against standard:measure- . ments at. 20 feet from. the.source wtichhowed 75 dB(A) for 'automobiles. On , thelpasis .of these national measurements • checked.1ocaIly, the,standard should be set for_four -lane thoroughfares that whenever Possible all residential and educational structures should, be ,placed with the rear yard adjacent to the four-lane thoroughfare/ and a. 50-foot required rear yard, unless acoustical measurements show that soundproofing and landscaped buffers have reduced the traffic noise pollution to 50 dB(A) interior and .65 dB(A) • exterior. In the event,of unavoidable front yard treatment for thoroughfares, the front setback shall be 50 feet unless mitigating factors to the above standards can be provided. (D) Two-lane Thoroughfares - The General Plan shows two-lane thoroughfares in residential areas Automobiles were •measured at approximately the same dB (A) as the above test on "D" Street. Trucks measured at higher levels, including 75 dB(A) at 50 feet. ConSideration should be given to requiring deeper front setbacks for residences ,facing what is indicated on the,General.Plan as a two-lane thoroughfare. The depth of the front setback should be determined based on estimates of the amount of traffic expected. Considera- tion should also be giVen.to.removing,residential streets from thoroughfare status on the 'General Plan where truck • and through traffic ,can be rerouted. Such streets should then be •posted for no trucks over a prescribed size. (E) Railroad and Rapid Transit Lines - Rohnert Park measured the noise level of train traffic at 87 dB(A) 50 feet from the Northwestern Pacific track. This is the same train line which passes through 'Petaluma, therefore, their measurements can be assumed to be valid for this area. Residential and educational, structures Should be so buffered from train and, transit noise by distance, landscaping or acoustical building treatment that measurements of this noise source are 50 dB(A) interior or 65 dB(A) exterior. In no cases shall residehtial or educational structures be allowed within 260 feet of the railroad right-of-way. (F) Airport - The airport adjacent. to, Petaluma (Sky Ranch), is at this time for light planes, and thus does not approach the problems of larger •airports. However, the increasing use of helicopters for.commuter traffic, for police work • and for emergency rescue work indicates that. thought should . be taken now for the proper noise control for helicopters . and light planes. Measurements of light plane noise made by the staff resulted in. a reading of 74 dB(A)-20a feet perpendicular to a.light-plane at take It is important to note the position where the reading was taken as a plane taking off emits a higher decibel reading behind the plane • than at either side. "Outdoor Noise and the Metropolitan Environment" notes that a Bell J -2A helicopter was recorded • -10- , . 7/ at 100 dB1A) 100 feet from the source. Based on these measurements, a,Siandard can be set for light planes that residential and educational development shall not be per- , mitted in a zone around an airport where noise measurements of a light pldne source'are higher than 50 dB(A) for the interior of a_building and_65 dS(A) for the exterior. Since a heliport may be located in a small portion of an airport, it is reasonable to request as a standard that any helicopter using the heliport ,..shall be equipped with the latest and most effective noise suppression devices.and.that the heli - Port-shall so.located that the,direct and/or reflected sound pressure level does not exceed30 dB(A) at the property line of the residential zone. 5.05.05 "Fixed - pointr, Noise Sources .= Standards 'and Criteria: Several "fixed point", noise sources were measured by staff including the Sunset Line and Twine factory with-windows open, the processing plant, and the cement plant with one conveyor operating. None of the above sources measured above what is designated for 'industrial land use; however, further measurement may result in exceptions to the desired level. Standards for "fixed point" noise sources.are - established for industrial districts in Zoning Ordinance No. 1072 N.C.S., Sections 22-200, 22-201, 22-202, 22-203, and 22-301 (See Appendix A).These stan- dards should be calculated for the,dB(A) scale as well as for frequency band curves, since the City is using the acceptable noise meter Which measures decibels on networks,A, B and C. Standards should also be ,set for commercial areas similar to the industrial standards. 5.06 Goals and Policies: (A) Goal: To recognize the growing urban and suburban noise pollution and its threat to physical, mental and economic health. Policy: (1) To continue the study of the effect of noise on the health and welfare of the community: (2) To determine the extent of the noise pollution problem in critical areas through on-site measurements of noise levels. (B) Goal: To control existing excessive noise and thus improve the quality of life for all residents. Policy: (1) To enact new and strictly enforce existing, local 'noise and performance standards. -11- , , 7 / 2 6/7 4 • (2) To enforce thOge sections of the.California Vehicle Code which relate tonoise all forms of vehicular , surface traffic, and to provide. City police with the I necessary Oequ to enforce said Code. (3) To'consider reVisions the Circulation Element in order 0to ,divert through -traffic truck traffic from residential streets. (C) Goal: Through, ,design and planning, insure that future • development is constructed, insofar as' possible, so as not to cause or be affected ,by noise pollution. Policy: • (1) To request revision_of,the Uniform Building Code or adopt local regulations which are aimed at the reduction of noise transmission in,and from 'buildings. (2) To provide sound buffers, especially landscaped buffers, • or sufficient open space, between residential areas and • areas producing higher sound levels, such as freeways, commercial sites and industrial developments. (d) Goal: To workyith.other agencies for the control of noise • Policy: (1) To maintain effective liaisons with transportation agencies regarding the 'reduction of noise from . existing facilitieS, such. as the U. S. 101 Freeway, and the pre- vention of future not through the design and location of new facilities.' (2) To consult, with health departments for further infor- mation on harmful noise •levels in preparing new stan- dards and ordinances. 5.07 Noise Pollution Action Program Implementation: Many of the techniques previously discussed as means for implementing an open space program, a conservation program and ascenic highways pro - • gran apply.to a noise,program. .This -section will describe the most'applicable_of these -techniques as they relate to noise control. The implementation methods and program approaches are divided into Regulation, Education; and Specific Remedial Action. 5.07.01 Regulation: An ordinance controlling.and regulating noiee is the most 'Common method of dealing with the noise: problem. The League of California Cities has published-a model noiselordinance as a guideline for,interested.cities and, the City of New York has a num o f goo ordinances regarding the control of noise. Appendix • B 00 is a draft of a noise ordinance based on these two sources. 8/13/741 1 In connection with the this! proposed.ordinance is, an. analysis of how these various sections will aceve stmt ed goals and policies of various °��� In addition to a noise ordinance;,' ,zyoning can be used for noise control by setting standards for,indastr-ial and commercial operations and providing proper 'setbacks between districts. (NOTE: This section definitely applies. to Goal C, Policy (2) to provide sound buffers, especially landscaped buffers, between residential ,areas and areas. producing higher sound .levels . such as freeways, commercial sites, and industrial development.) At the present time the City of Petaluma_ zoning Ordinance has a noise section in its performance standards. This noise section should be updated and changed. to.,ref1ect. the ,sound metes pre - sently used rather thane the frequency s.ca1es.._illustrated in these performance standards In addition,:. performance standards should be set up for commercial activity. The Subdivision Ordinance can require ,as a condition of approval a buffer strap of land to provide open space and a noise buffer between freeways, railroads, and certain land uses. I ' (NOTE: This section directly relates also to Goal C, Policy [2].) 5.07 02i Education: One of the reasons little is done about noise pollu- Lion is the feeling that nothing can be done 'and noise'is a necessary partHof technology. Education can alert the public to the fact that it is possible to buy many, household 'appliances, motors, 'and construction equipment with noise control devices, if the public insists,, for the purpose of controlling noise pollution. In order to fully control noise in the .city, a citizens' committee should be set up to implement a public rela- tions campaign to call attention to the general problem of noise, to give basic information, with, dramatic examples of the effect of noise on mental health, and inner ear, etc., and to assist the citizenry in finding more informatipnon how to solve noise problems. Both the citizens' committee and the Council could work together to publicize and advertise noise control events as they happen.. For example., new noise - reduced garbage trucks can be publicized. When the construction industry uses a less noisy jackhammer; .construction sites could be used for displays of eye catching graphic posters, calling attention to,, this accomplishment. . A few specific examples that show how advertising can be employed is for the . citizens' committee to prepare bumper, stickers that read, "This truck,keptn good repair so that it stays quiet." and encourage local businesses to advertise in such manner on their trucks. Other bumper stickers. might be available for the private citizens to put on his car that read, "I'm trying not to blow my horn. and make noise, are you ?" When a well - constructed -13- • 8? '/ 13 / 74 • '• building is put up it °should be encouraged to advertise it as "quiet." There are' many other methods of promoting and .making known the efforts of businesses-and individual citizens for a quie city } Environmental Impact Reports should contain information on exces- sive noise and methods to mitigate the effects of a noise if a proposed project will act as or be affected by a noise generator. City officials;, must work closely with other public agencies who have more specialized information 4s to the, cause and effect of noise pollution. 5 Specific Remedial Actions: There are several pr which can be implemented by private organizations and .individuals as well as by local agencies to control noise, pollution. The alternatives include but are not limited to: (A) A public relations campaign as described above to call attention to the noise problem and, suggest solutions. (B) Planting trees and shrubs to provide noise buffers. 5.07.04 Conclusion: Petaluma is not yet a noi city as compared to most man centers.. However, the noise .pollution is increasing faster than most realize. ° Now is the time to begin an effective action program so that residents, can find Petaluma a restful, peaceful place to live, work and sleep. -14- Imp 111 • . • SECTION 5 APPENDIX 'A • EXCERPT,FROM ARTICLE 22, PERFORMANCE STANDARDS, ZONING ORDINANCE NO. 1072 • N.C.S.: SECTION22-100 PURPOSE OF PERFORMANCE STANDARDS • 7 This article is intended to permit objective and precise measurement of the impact of nuisances; to • establish permissable limits' for each nuisance; to ensure that all industries will provide necessary control measures to Protect the community from hazards '- and nuisances; and to protect any industry from arbitrary exclusion. SECTION 1 GENERAL No land or building in any district shall be used or occupied in such a manner as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, or other hazard; noise or vibration; smoke, dust,. odor, or other form of air pollution; heat, cold dampness, electrical or other disturbance; glare; liquid or solid refuse or wastes; or other substances, conditions or elements which would affect adversely the • surrounding area or adjoining premises; the foregoing are hereinafter referred to as "dangerous or objectionable elements." •No use shall be undertaken or maintained unless it conforms to the regulations of this section in addition to the regulations set forth for the district in which such use is situated. 22-201 122Ef9121all9!ft:'PA91,01Pmcedure- 22-201.1 Those uses specified in the M Districts as subject to performance standards, and uses accessory thereto, are subject to Performance Standards procedure specified in Section 26-600 in obtaining a:Zoning Permit. • In addition, • should either the Building Inspector or the Zoning Adminis- trator (Director of •Development and Planning) have reasonable grounds to believe that any other proposed use is likely to violate these performance standards, he may require the applicant to comply with Performance Standards Procedure, Section 26-600. 22-202 Enforcement orovisions aoolicable to other uses. Even though compliance With Performance Stancards Procedure in obtaining a Zoning Permit is not required for a particular use, every use in •the City of Petaluma must conform with performance standards set forth below. Provision's to enforce compliance with performance standards shall be invoked by the Building Inspector against any use if there are reasonable grounds to believe that performance standards are being violated by such use. 22-203 Locations where determinatiOns are to _made for enforcement of performance standards. Measurements necessary for enforce- ment of performance standards set forth in Section 22-301 through 22-304, shall be taken at the following points: 22-203.1 At the lot line of the establishment or use in any district • except an M District. • -15- • SECTION 5 APPENDIX A (Continued) 22-203.2 In the M District, five, hundred (500 feet from the establishment or use, or at the boundary of the district, if closer to the establishment - or <. or at any point within an adjacent non - industrial district. SEGTION -22 -300 DANGEROUS AND 0$JECTIONABLE ELEMENTS 22-301 Noise.. The _maximum sound .pressure.. -level .radiated by any use or facility at the points of .measurement ..specified in Section 22 -203, shall not exceed,:the• values in the designated octave bands given in. Table 1, . after applying the corrections shown in, Table. 11, except that normal household appliances • or equipment in use during the hours.of'7:00 o'clock a.m. to 7:00 . lock 'p.m. shall not ;be. subject regulations. The sound . pressure level shall be..measured'w .a Sound Level Meter and associated .Octave'.' Band, Analyzer ..conforming to standards prescribed by the .American`Standards Association. (American Standard Sound Level Meters for,.Measurement of Noise. and Other Sound 224.. 3- 1944, American Standards Asso- ciation, Inc., New York, New York, and American Standard Specification Filter Set for the Analysis of Noise and O Sounds "2 10-1953, or latest approved revision there , American Standards Association, Inc., New York, New York, shall be used.) TABLE 1 Maximum; permissable sound pressure levels. at 'the_ points of measurement specified in Section .22- 203.'for noise radiated continuously from a facility between the hours of 7 :00 o'clock p.m. and 7 :00 o'clock a.m. Frequency Band Curves Sound Pressure Level Per Second ._, Decibels re 0.0002 dyne /cm2 20 75, 69. 75 150 60 150 3 56 309 600 51 600 - 1,200 42 1,200 2,400 40 . 2,400 4,800 ' 38 4,80 - 10,,000 35 If the noise is not smooth and Continuous and is not . radiated between the hours of 7 :00 o'clock p.m. and 7:00 o'clock.a.m,-. one or more of the corrections in Table II shall be applied to the decibel `levels given in Table I -16- ti„ • 410 SECTION 5 APPENDIX A (Continued) • TABLE II Type or Location of Operation. Correction in or haraCter of Noise Decibels 1. •DaytiMe operation only . +5 (7 00 a, m, to 7,:00 p.m,) • 2. .Voise operates less than' a. 2 •of any one (1) hour'period +5* 51 of any one (1) hour period +10* c. It of any one (1) hour period +15* 3. Noise of impulsive character (hammering, etc.)' 4. Noise rising or falling in 'pitch or volume (hum', screech, etc.), -5 *Apply,,,onet of these corrections Only. -17- • • • SECTION 5 • APPENDIX. B • MODEL NOISE : ORDINANCE _PROPOSAL Article. Special Noise Sources Section Radios; television sets and similar devices (A) Use Restricted - It shall be unlawful for any person within any residential zone of the City to use or operate any radio receiving set, musical instrument, phonograph, tele- vision or other machine or device for the producing or reproducing of sound (between the hours of 10e00 p.m. of one day and .7 o 00 a.m of the following day) in such a manner as to disturb the peace,, quiet and comfort of neighboring residents or any reasonable,person of normal sensitiveness residing in the area. (B) Prima facie violation - Any noise exceeding the ambient noise level at the proper-,ty line of any property (or, if a condo- minium or apartment house, within any adjoining apartment) by more than five decibels shall be deemed to be prima facie evidence of a violation of the provisions of this section. (NOTE: This section relates directly to 'Goal, B,... "To control existing excessive noise and thus improve the quality of life for all residents.") Section o Hawkers and Peddlers o It shall be unlawful for any person within the City to sell anything by outcry within any area of the City zoned for residential uses, except between the hours of 9000 a.m. and. 8:00 p.m., and providing that sound devices do not increase the sound pressure level at a distance of 10 feet by more than five decibels above the maximum desirable ambient•noise level. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, and other similar licensed ' public, entertainment events NOTE: This section also relates to Goals A and B, "To recognize the growing urban suburban noise pollution and its threat to physical, mental and economic 'health. ") -18- • 7/26/74 Section Drums: (A) Use Restricted - It shall be unlawful for any person to use any drum or other instrument. or device of any kind for the purpose of attracting attention by the creation of noise within the City. This section shall not apply to any per- son who is 'a participant in a school band or duly licensed parade or who has been otherwise duly authorized to engage • in such conduct. This section also shall.not apply to any student of music.practicing an instrument provided they do not engage, in such practice between the hours of 10:00 p.m. of one day and"7:00 a.m. of the following day. • Section • Schools, •ROspitals and Churches: It shall be unlawful for any person to create any noise on any street, sidewalk, or public place adjacent to any school, insti- tution of learning or church while the same is in use or adjacent to any hospital, which noise unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets, sidewalk or public place indicating the presence of a school, Church, or hospital. (NOTE: This section applies to Goal A.) Section . Animals and Fowl: No person shall keep or maintain, or permit the keeping of, upon the premises owned, occupied, or controlled by such person any animal or fowl rotherwise permitted to be kept, which, by.contin- uous or frequent sound or cry shall cause annoyance or.discomfort to any reasonable person of normal sensitiveness in any residen- tial neighborhood. Section . Machinery, Equipment, Fans, and Ai C nditioning. It shall be unlawful for any person to.operate any machinery, equipment, pump, fan, air-conditioning apparatus, or similar mechanical device in any manner so as to create any noise which would cause the noise level at the property line of any property. to exceed the ambient noise level by more than five decibels based on a reference sound pressure of 0.0002 microbars for the combined frequency bands, "A" band (NOTE: This section relates directly to Goal A in recognizing the growing urban and suburban noise caused by an increase of machinery for our comfort, but which adds a different kind of pollution to our lives.) -19- IIP • 7/26/7 =4 • ,. Article Construction Sec'tion' . Construction .of Buildings - and Projects It shall be unlawful for any person within a residential zone, or within a radius of 500 feet therefrom, to operate equipment or perform any outside construction or repair work on buildings, structures, or projects, or to operate any pile driver, steam shovel, pneumati'c`hammer, derrick, steam or electric hoist, or other construction type device (between the hours of 10:00 p.m. of one day and 7 :00 aem. of the next day) in such a manner that a reasonable _person'of normal sensitiveness residing in the area is caused discomfort For annoyance, unless beforehand. a permit therefor has been duly obtained. No permit shall be required to perform emergency work. Article Vehicles; Section . Vehicle_ Repairs: It shall. be unlawful for any person, within any residential area of the City to' .repair, rebuild, or test any motor' vehicle (between the hours of. 10:00 p.m. of one d.ay and 7 :00 a.m. of the next day) in such .a manner that a reasonable person of normal sensitiveness residing in that area is caused discomfort or annoyance. Section ." Noisy Vehicles: It shall be unlawful for any person to operate any motor driven vehicle within the City which is so out of repair, so loaded, or in such a manner as to create loud, unnecessary grating, grinding, rattling or other noise. Section . Automobile Horns and Signal Devices: It shall be .unlawful _ for ,any person to operate horns and signal devices on automobiles and other vehicles while stationary, except as a danger signal, and while in motion only as a danger signal. Section Motor' Driven 'Vehicles It shall be unlawful for any person to operate any motor driven vehicle 'within the City in such a manner that the noise from such operation exceeds the residential maximum ambient noise level by about ten decibels and causes annoyance to any reasonable person of normal sensitiveness residing in area,provided however, any such vehicle which is operated in a legal fashion upon any public highway, street, or right -of -way shall be excluded from the provisions of this section. -.20- • 7/26/74 (VOTE': This section relates directly to Goal B to control existing excessive 'noise and refers to the existing identified noise problemareas, Section 5.05.03, Auto Races at the Fairgrounds.) Article . Aircraft Noise Section Light AirPlanes: It •shall be unlawful for any approach and departure path for the landing and'taking,off of light planes to be so positioned that ' a plane flying over adjacent residential property exceeds 70 dB(A) sound pressure level at the residential property line. Section Helicoptes: It shall be unlawful for any helicopter using an airport or heliport' to operate without being equipped with the latest and most effective noise, suppression devices, and the helicopter shall not be operated so that the sound ,pressure level at the property • line in a residential zone. exceeds 70 dB(A) as the result of the helicopter operations at the heliport or airport, except in the case of a declared emergency. (NOTE: This article relates directly to Goals A and B and to the Section regarding 'Standards and Criteria for Transporta- tion Noise." The standard of 70 .dB(A) was obtained from. the Las Angeles study, "Outdoor- Noise and Metropolitan Environment." :A. reference to the table in Section 5.05.04(A) will show that 70 dB(A) exterior will be reduced. to 60 dB(A) interior even with windows open.) ArtiC Amplified Section •Purpose,: The Council" enacts this legislation* for the sole purpose of secur- ing and promoting the public health, comfort, safety, and welfare for its citizenry. While recognizing that the use of sound ampli- fying equipment is protected by the constitutional rights of freedom of speech and, assembly, the Council nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from public.nuisance loud and unnecessary noise. Section . Permit Required: . It shall be unlawful.for any person.other.thampersonnel of law . enforcement or governmental agencies to install, use or operate within the City a loudspeaker or sound amplifying equipment and . • 7/26/74 a fixed or movable position, or mounted on any sound truck ,for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in or upon any street, alley, sidewalk, park place or • public,property without first'obtaining-a permit from the City, of Petaluma. ,- . . Section . Regulations: • The commercial and non-commercial use of sound amplifying equip- ment shall be subject to the following regulations: (A) The only sounds permitted shall be either music or human speech, or both". (B) The operation of. sound amplifying equipment shall only occur between the hours of.9:00 a.m. 8:00 p.m. each day except Sundays and legal'holidays. No operation of sound amplifying equipment for commercial purposes shall be permitted on Sundays or legal holidays. The operation of sound amplify- ing equipment for non-commercial purposes on Sundays and legal holidays shall only occur between the hours of 9:00 a.m. and 8:00 p.m. (C) No sound emanating_from sound amplifying equipment shall exceed 15 dB(A),,of the ambient noise level as measured at any property line.,, (D) Notwithstanding the of subsection (C) of this sectiOn, soUnd' amplifying equipment shall not be operated within 200 feet of schools or hospitals. (E) In any event, the volume of sound shall •be so controlled • that it'will not unreasonably loud, raucous, jarring, disturbing, or a nuisance to reasonable persons of normal sensitiveness within the area of audibility. Article. General Noise Regulations Notwithstanding any ,other provision of this chapter, and in addi- tion thereto, it 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. The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following: (a) The volume of the noise; • ' -22- „(b) The intensity of the noise,; (c) Whether the nature of the noise is usual or unusual; (d) Whether the Origin of the noise is natural or unnatural; (e) The volume and intensity of the background noise, if any; (f) The proximity of the noise to residential sleeping facilities; (g) The nature and zoning of the area within which the noise emanates. (h) The density of the inhabitation of the area within which the noise emanates; (i) . The time of the day . or . night the noise occurs; (j) The duration of the noise; (k) Whether the noise is recurrent, intermittent, or constant; and (1) Whether the noise is produced by a commercial or non-commercial activity. • -23-