(A) Purpose and intent.
(1) The purpose of this section is to regulate noise and vibration in the interest of the public health, safety and general welfare. The city finds that certain noise levels and vibrations are detrimental to the public health, safety and general welfare and that the primary sources of noise in the city are freeways, highways, manufacturing uses, railroads, the airport and construction noise. The noise element of the General Plan contains the city’s policies regarding noise and identifies noise contours for existing and future roadways and the Corona Municipal Airport, which are implemented by this chapter. The General Plan noise element shall govern all noise standards and policies.
(2) In order to control unnecessary, excessive and annoying noise and vibration in the city, it is hereby declared to be the policy of the city to prohibit such noise and vibration generated from or by all sources as specified in this chapter. It shall be the policy of the city to maintain quiet in those areas which exhibit low noise levels and to implement programs to reduce noise in those areas within the city where noise levels are above acceptable values. It is the intent of the city to minimize noise impacts to adjacent land uses pursuant to the standards identified herein.
(B) Definitions. Terms found in this chapter shall be defined as follows. Additional definitions are found in the noise element of the General Plan.
(1) “A-weighted sound level.” The sound pressure level in decibels as measured on a sound level meter using the A-weighted filter network. The A-weighted filter network is designed to simulate the response of the human ear. The A-weighted sound level is expressed by the symbol dBA.
(2) “Ambient noise.” The composite of noise from all existing sources near and far. The ambient noise level constitutes the normal or existing level of environmental noise at a given location, excluding any alleged offensive noise.
(3) “Cumulative period.” An additive period of time composed of individual time segments which may be continuous or interrupted.
(4) “Community noise equivalent level (CNEL).” The average equivalent A-weighted sound level during a 24 hour day, obtained after addition of five decibels to sound levels between 7:00 p.m. and 10:00 p.m. and the addition of ten decibels to sound levels between 10:00 p.m. and 7:00 a.m.
(5) “Decibel (dB).” A unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals.
(6) “Impulsive noise.” A noise of short duration, usually less than one second, and of high intensity, with an abrupt onset and rapid decay.
(7) “Noise study.” An acoustical analysis performed by a qualified noise engineer which determines the potential noise impacts of a roadway, land use or operation of equipment. The noise study will generate noise contours and recommend mitigation for noise impacts which exceed the city’s noise standards.
(8) “Sensitive land uses.” Those specific land uses which have associated human activities that may be subject to stress or significant interference from noise. Sensitive land uses include single family residential, multiple family residential, churches, hospitals and similar health care institutions, convalescent homes, libraries and school classroom areas.
(9) “Simple tone noise.” A noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished. When measured, a simple tone noise shall exist if the one-third octave band sound pressure levels in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two continuous one-third octave bands as follows: 5 dB for frequencies of 500 hertz or above or by 15 dB for frequencies less than or equal to 125 hertz.
(10) “Sound attenuation device.” An enclosure, blanket, vault, box, wall, fence, panel, baffle, coating, material, silencer, or other appurtenance, mechanism, or device intended to reduce the noise level of mechanical equipment.
(C) Noise standards.
(1) The noise ordinance identifies two separate types of noise sources: transportation and stationary. Transportation related noise sources, such as freeways, airports and railroads, are identified within this chapter and are mainly for the planning stages of project development. The noise metrics used for this noise type is the Community Noise Equivalent Level (CNEL) which is a 24 hour time weighted average noise level. The other type of noise standard is for stationary noise sources, such as industrial or construction noise, that may be intrusive to a neighboring private property. The noise metric used for stationary sources is defined as noise levels that cannot be exceeded for certain percentages of time. The noise standards shown in Table 1 are for regulating the impact of stationary noise sources to a neighboring private property. Standards for transportation related noise are found in Table 2.
(2) Stationary noise sources.
TABLE 1 STATIONARY NOISE SOURCE STANDARDS | ||||
TYPE OF LAND USE | MAXIMUM ALLOWABLE NOISE LEVELS | |||
Exterior Noise Level | Interior Noise Level | |||
7 a.m. to 10 p.m. | 10 p.m. to 7 a.m. | 7 a.m. to 10 p.m. | 10 p.m. to 7 a.m. | |
Single-, Double- and Multi- Family Residential | 55 dBA | 50 dBA | 45 dBA | 35 dBA |
Other Sensitive Land Uses | 55 dBA | 50 dBA | 45 dBA | 35 dBA |
Commercial Uses | 65 dBA | 60 dBA | Not applicable | Not applicable |
Industrial, Manufacturing or Agricultural | 75 dBA | 70 dBA | Not applicable | Not applicable |
(a) Each of the noise limits specified here shall be reduced by 5 dBA for impulse or simple tone noises; provided, however, that if the ambient noise level exceeds the resulting standards, the ambient shall be the standard.
(b) If the measurement location is on the boundary between two different zones, the lower noise level standard applicable to the zone shall apply.
(c) If the intruding noise is continuous and cannot be reasonably discontinued or stopped for a time period whereby the ambient noise level can be determined, the measured noise level obtained while the source is in operation shall be compared directly to the allowable noise level standards as specified respective to the measurement location’s designated land use and for the time of the day the noise level is measured. The reasonableness of temporarily discontinuing the noise generation by an intruding noise source shall be determined by the Code Enforcement Officer for the purpose of establishing the existing ambient noise level at the measurement location.
(d) Exterior noise:
1. It shall be unlawful for any person, entity or operation at any location within the incorporated area of the city to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property to exceed:
a. The noise standard for a cumulative period of more than 30 minutes in any hour;
b. The noise standard plus 5 dB for a cumulative period of more than 15 minutes in any hour;
c. The noise standard plus 10 dB for a cumulative period of more than five minutes in any hour;
d. The noise standard plus 15 dB for a cumulative period of more than one minute in any hour; or
e. The noise standard plus 20 dB for any period of time.
2. In the event the ambient noise level exceeds any of the first four noise limit categories above, the cumulative period applicable to the category shall be increased to reflect the ambient noise level. In the event the ambient noise level exceeds the fifth noise category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level.
(e) Interior noise. It shall be unlawful for any person at any location within the incorporated area of the city to create any noise or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such a person which causes the noise level when measured within any other residential dwelling unit or sensitive land use to exceed:
1. The noise standard for a cumulative period of more than five minutes in any hour;
2. The noise standard plus 5 dB for a cumulative period of more than one minute in any hour; or
3. The noise standard plus 10 dB, or the maximum measured ambient, for any period of time.
(3) Transportation noise sources.
TABLE 2 TRANSPORTATION NOISE SOURCE STANDARDS | ||
TYPE OF LAND USE | EXTERIOR NOISE LEVEL | INTERIOR NOISE LEVEL |
(Private Outdoor Living Areas) | ||
Residential (Roadway) | 65 CNEL | 45 CNEL |
Residential (Airport) | 65 CNEL | 45 CNEL |
Other sensitive land uses (Roadway) | 65 CNEL | 45 CNEL |
Other sensitive land uses (Airport) | 65 CNEL | 45 CNEL |
Hotels/Motels (Roadway) | 65 CNEL | 45 CNEL |
Hotels/Motels (Airport) | 65 CNEL | 45 CNEL |
(a) Roadway noise. A noise study shall be performed prior to the construction of new master planned roads, roadway improvements, rail lines and/or prior to the construction of residential or sensitive land uses adjacent to existing or master planned roads or railways. The noise study shall identify the existing and future noise contours for the roadway and propose mitigation measures to reduce the noise impacts to a maximum of 65 dBA CNEL in the private outdoor living area of residences and to a maximum interior noise level of 45 dBA CNEL for residential and sensitive land uses, as shown in Table 2.
(b) Airport noise. Sensitive land uses, site-built homes and institutional uses are prohibited in airport noise contours above 65 dBA CNEL. All subdivisions within two miles of the Corona Municipal Airport or within the 65 dBA CNEL contour shall show and record an avigation easement for the benefit of the airport. The avigation easement shall provide notification to potential buyers and occupants of the presence of the easement and the potential for over flights and aircraft noise.
(D) Special provisions.
(1) Mechanical equipment in residential zones. Upon application for a building permit to install mechanical equipment, such as air conditioner and pool equipment, in a residential zone, the equipment shall be setback at least ten feet from an adjoining property line except where a five foot high block sound wall is maintained extending a distance of two feet on each side of such equipment and situated either between such equipment and the property line or on said property line. Exception: Mechanical equipment in residential zones shall be permitted closer than ten feet from an adjoining property line without a five foot high block sound wall when sound attenuation devices approved by the Building Official are installed. The noise level with sound attenuation devices installed shall comply with the limits and conditions specified in § 17.84.040(C)(2) when measured from any adjoining property. The approved sound attenuation devices shall be maintained and any approvals shall not be construed to permit violations of this code.
(2) Construction noise. Construction noise is prohibited between the hours of 8:00 p.m. to 7:00 a.m., Monday through Saturday and 6:00 p.m. to 10:00 a.m. on Sundays and federal holidays. Construction noise is defined as noise which is disturbing, excessive or offensive and constitutes a nuisance involving discomfort or annoyance to persons of normal sensitivity residing in the area, which is generated by the use of any tools, machinery or equipment used in connection with construction operations.
(3) Noise devices. In accordance with Chapter 9.24, no loudspeaker, bells, gongs, buzzers, mechanical equipment or other sounds, attention-attracting or communication device associated with any use adjacent to residential or sensitive land uses shall be discernible beyond the boundary line of the parcel, except fire protection devices, burglar alarms and church bells. Noise generated by these sources shall be enforced by the Police Department.
(4) Noisy animals. Noise generated by animals shall be regulated by the Police Department in accordance with Chapter 6.11.
(E) Exemptions. The following activities shall be exempt from these noise standards:
(1) Special events pursuant to an approved special use permit. Noise impacts shall be evaluated and conditioned as part of the special use permit;
(2) Filming pursuant to a film permit. Noise impacts shall be evaluated and conditioned as part of the film permit;
(3) Activities conducted on public parks, public playgrounds and public or private school grounds, including school athletic and entertainment events that are conducted under the sanction of the school or which a license or permit has been duly issued pursuant to any provision of city code;
(4) Noise sources associated with the maintenance of real property, provided the activities take place between the hours of 7:00 a.m. to 8:00 p.m. on any day except Sunday or between the hours of 9:00 a.m. to 8:00 p.m. on Sunday;
(5) Any activity too the extent regulation thereof has been preempted by state or federal law;
(6) Repairs to and replacement of mechanical equipment in residential zones installed by permit prior to May 20, 1993 shall be exempt from the requirements in division (D) of this section;
(7) Noise variances granted pursuant to subsection (H)(1) below;
(8) Short-term, non-continuous operations associated with government and public utility facilities that are necessary to maintain the delivery of services for the benefit of public health and safety.
(F) Noise level measurements. All noise shall be measured in accordance with the following standards. Measurements shall be taken of the ambient noise level and any alleged offensive noise. If the measurement location is on the boundary of two different noise zones, the lower noise level standard shall apply.
(1) Sound level meter. A sound level meter shall mean an instrument meeting the American National Standards Institute’s S1.4 - 1971 for Type 1 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
(2) Ambient noise. A measurement of the ambient noise level shall be taken according to the procedures in this chapter. If the ambient noise level exceeds the standard, the ambient level shall be the standard. If an alleged intruding noise source is continuous and cannot be reasonably discontinued or stopped for a time period whereby the ambient noise level can be determined, the measured noise level obtained while the alleged intruding noise source is in operation shall be compared directly to the applicable noise level standard.
(G) Noise studies required. As referenced in division (C) of this section, there are essentially two different types of noise sources that have been identified in Corona and each has its own noise metrics as well as its own required noise studies. The noise metrics used for transportation related noise sources is the CNEL which is a 24 hour time weighted average noise level. The noise metrics used for stationary sources are defined as noise levels that cannot be exceeded for certain percentages of time.
(1) Predevelopment noise studies. A predevelopment noise study is performed prior to development and is designed to project future noise levels and recommend mitigation measures to be implemented in project development. All noise studies shall be prepared by a registered noise engineer as approved by the city. Noise studies will be required for the construction of master planned roadways, for development adjacent to master planned roadways, when a noise generating use, such as a factory, is proposed in proximity to residential uses and when residential uses are proposed in proximity to an existing noise source. The need for a noise study will be determined at development plan review. Predevelopment noise studies shall project future noise levels based on proposed uses, traffic volumes and other relevant future conditions. Existing and projected noise shall be evaluated pursuant to the noise standards within this chapter and the noise element of the General Plan. Mitigation measures shall be proposed to bring noise levels into compliance with these standards. Mitigation measures may consist of walls, berms, setbacks, landscaping, building materials, construction methods and any other means whereby noise can be reduced to the maximum amounts within this chapter.
(2) Studies of existing stationary noise. At times it will be necessary to study the noise generated by an existing source, either due to alleged violations of the noise ordinance or for monitoring purposes. These noise studies shall be prepared by a registered noise engineer as approved by the city in accordance with the standards in Table 1.
(H) Noise variance.
(1) The owner or operator of a noise or vibration source which violates any of the provisions of this chapter may file an application with the Community Development Department for a variance from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with the provisions, the reasons why immediate compliance cannot be achieved, a proposed method of achieving compliance and a proposed time schedule for its accomplishment. The application shall be accompanied by a fee as determined by City Council resolution. A separate application shall be filed for each noise source; provided, however, that several fixed sources on a single property may be combined into one application. An application for a variance shall remain subject to prosecution under the terms of this chapter until a variance is granted.
(2) The Board of Zoning Adjustment shall evaluate all applications for variance from the requirements of this chapter and may grant the variances with respect to time for compliance, subject to such terms, conditions and requirements as it may deem reasonable to achieve maximum compliance with the provisions of this chapter. The terms, conditions and requirements may include, but shall not be limited to, limitations on noise levels and operating hours. Each such variance shall set forth in detail the approved method of achieving maximum compliance and a time schedule for its accomplishment. In its determinations, the Board shall consider the following:
(a) The magnitude of the nuisance caused by the offensive noise;
(b) The uses of property within the area of impingement by the noise;
(c) The time factors related to study, design, financing and construction of remedial work;
(d) The economic factors related to age and useful life of the equipment;
(e) The general public interest, welfare and safety.
(3) Any variance granted by the Board shall be by resolution and shall be transmitted to the Code Enforcement Officer for enforcement. Any violation of the terms of the variance shall be unlawful and enforced pursuant to division (I) of this section.
(I) Enforcement.
(1) It shall be unlawful for any person at any location within the City of Corona to create any exterior noise or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured according to this chapter to exceed the maximum allowable noise levels in Table 1 of § 17.84.040(C).
(2) No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of his or her duty.
(3) Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor.
(4) The operation or maintenance of any device, instrument, vehicle or machinery in violation of any noise standard identified in this chapter is declared to be a public nuisance and may be abated pursuant to the nuisance abatement procedure in Chapter 8.32 of this code.
(5) Pursuant to § 1.08.020(A) of this code, each person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall be punished accordingly.
(`78 Code, § 17.84.040.) (Ord. 3277 §§ 4, 5, 2018; Ord. 3188 § 3, 2015; Ord. 2372 § 2, 1999; Ord. 2161 § 1 (part), 1993.)