(a) Except as provided in section 36.409 of this chapter, it shall be unlawful for any person to cause or allow the creation of any noise, which exceeds the one-hour average sound level limits in Table 36.404, when the one-hour average sound level is measured at the property line of the property on which the noise is produced or at any location on a property that is receiving the noise.
ZONE | TIME | ONE-HOUR AVERAGE SOUND LEVEL LIMITS (dBA) |
ZONE | TIME | ONE-HOUR AVERAGE SOUND LEVEL LIMITS (dBA) |
(1) RS, RD, RR, RMH, A70, A72, S80, S81, S90, S92, RV, and RU with a General Plan Land Use Designation density of less than 10.9 dwelling units per acre. | 7 a.m. to 10 p.m. | 50 |
10 p.m. to 7 a.m. | 45 | |
(2) RRO, RC, RM, S86, FB-V5, RV and RU with a General Plan Land Use Designation density of 10.9 or more dwelling units per acre. | 7 a.m. to 10 p.m. | 55 |
10 p.m. to 7 a.m. | 50 | |
(3) S94, FB-V4, AL-V2, AL-V1, AL-CD, RM-V5, RM-V4, RM-V3, RM-CD and all commercial zones. | 7 a.m. to 10 p.m. | 60 |
10 p.m. to 7 a.m. | 55 | |
(4) FB-V1, FB-V2, RM-V1, RM-V2 | 7 a.m. to 7 p.m. | 60 |
7 p.m. to 10 p.m. | 55 | |
FB-V1, RM-V2 | 10 p.m. to 7 a.m. | 55 |
FB-V2, RM-V1 | 10 p.m. to 7 a.m. | 50 |
FB-V3 | 7 a.m. to 10 p.m. | 70 |
10 p.m. to 7 a.m. | 65 | |
(5) M50, M52, and M54 | Anytime | 70 70 |
(6) S82, M56, and M58. | Anytime | 75 |
(7) S88 (see subsection (c) below) | ||
(b) Where a noise study has been conducted and the noise mitigation measures recommended by that study have been made conditions of approval of a Major Use Permit, which authorizes the noise-generating use or activity and the decision making body approving the Major Use Permit determined that those mitigation measures reduce potential noise impacts to a level below significance, implementation and compliance with those noise mitigation measures shall constitute compliance with subsection (a) above.
(c) S88 zones are Specific Planning Areas which allow different uses. The sound level limits in Table 36.404 above that apply in an S88 zone depend on the use being made of the property. The limits in Table 36.404, subsection (1) apply to property with a residential, agricultural or civic use. The limits in subsection (3) apply to property with a commercial use. The limits in subsection (5) apply to property with an industrial use that would only be allowed in an M50, M52 or M54 zone. The limits in subsection (6) apply to all property with an extractive use or a use that would only be allowed in an M56 or M58 zone.
(d) If the measured ambient noise level exceeds the applicable limit in Table 36.404, the allowable one-hour average sound level shall be the one-hour average ambient noise level, plus three decibels. The ambient noise level shall be measured when the alleged noise violation source is not operating.
(e) The sound level limit at a location on a boundary between two zones is the arithmetic mean of the respective limits for the two zones. The one-hour average sound level limit applicable to extractive industries, however, including but not limited to borrow pits and mines, shall be 75 decibels at the property line regardless of the zone in which the extractive industry is located.
(f) A fixed-location public utility distribution or transmission facility located on or adjacent to a property line shall be subject to the sound level limits of this section measured at or beyond six feet from the boundary of the easement upon which the facility is located.
(Amended by Ord. No. 7094 (N.S.), effective 3-25-86; amended by Ord. No. 9478 (N.S.), effective 7-19-02; amended by Ord. No. 9621 (N.S.), effective 1-9-04; amended by Ord. No. 9962 (N.S.), effective 1-9-09; amended by Ord. No. 10211 (N.S.), effective 6-1-12; amended by Ord. No. 10364 (N.S.), effective 1-2-15)