SR - ORD-01-14 -AGENDA ITEM
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July � 8 2014
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ReviewedNeri ed By:
City Manager
TO: Honorable Mayor and Finance Dire or
Members of the City Council To Be Present By
Jennifer Le
THRU: John W. Sibley Cons Calendar _ City Mgr Rpts
City Manager Council Reports Legal Affairs
FROM Rick Otto i Boards /Cmtes X Public Hrgs
Admin Reports Plan/Environ
Interim m ity Development
Director
1. SUBJECT 77�1
An Ordinance amending Chapter 8.24 (Noise Control) of the Orange Municipal Code to be
consistent with the 2010 General Plan Noise Element (City- wide).
2. SUMMARY
The City's Noise Ordinance was originally adopted in 1974 and has not been substantially
updated since. The subject Ordinance updates the City's Noise Ordinance to be consistent with
the noise standards and policies contained in the City's 2010 General Plan.
13. RECOMMENDATION
Adopt Ordinance No. 1 -14, amending Chapter 8.24 (Noise Control) of the Orange Municipal
Code.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOAL
Goal 3. Enhance and promote quality of life in the community.
16. GENERAL PLAN IMPLEMENTATION
General Plan Implementation Program I -30 (Noise Ordinance) calls for the City to update the
Noise Ordinance to reflect the noise policies and standards identified in the Noise Element.
ITEM ///
07/08/14
1
7. DISCUSSION and BACKGROUND
Background
The City's Noise Ordinance was originally adopted in 1974, following the State's enactment of
the California Noise Control Act of 1973. Since then, the community noise environment and
industry standards have changed substantially, but a comprehensive update of the City's Noise
Ordinance has never been undertaken.
In 2010, the City adopted a General Plan Update that included an update of the City's Noise
Element. The 2010 Noise Element established policies, noise standards and strategies for
maintaining an acceptable noise environment in the community. The General Plan
Implementation program includes an update to the City's Noise Ordinance as Program I -30 to
establish consistency between the Noise Element and the Orange Municipal Code. The subject
Ordinance amends the City's code to reflect the adopted Noise Element's policies and standards.
In addition to consistency with the General Plan, text modifications are also proposed to make
the Code more "streamlined" and "user- friendly ". An inter - departmental City staff team
(including Planning, Code Enforcement, the City Attorney's Office, and the Orange Police
Department) were consulted and advised on the subject Code update.
Proposed Ordinance
In summary, the proposed Ordinance modifies definitions, clarifies intent, removes procedural
requirements that no longer apply, and modifies and streamlines the City's noise standards to be
consistent with the 2010 General Plan Noise Element.
Standards
Specifically, the proposed Ordinance modifies the City's noise standards to focus on exterior
standards for residential uses and eliminates the interior noise standard, consistent with the 2010
General Plan Noise Element. Considering that the Building Code already contains interior noise
standards for residential uses, focusing the Noise Ordinance on exterior noise standards removes
the potential for duplication and conflicts. In addition, from a practical standpoint, exterior
standards are easier for City staff to measure and enforce when there is a complaint (compared to
interior standards).
The proposed Ordinance also modifies the City's Noise Ordinance to use an "average hourly"
and a "maximum" noise standard, consistent with the 2010 General Plan Noise Element. The
current Code establishes a noise standard that applies to a 30- minute time duration, and then
allows for incremental increases above that standard for certain specified durations (i.e. any time,
one minute, five minute, and 15 minute durations). This standard has proven difficult for City
staff to monitor, measure, and enforce. As such, a single "average hourly" standard (coupled
with a "maximum" standard) is proposed as a similar approach that is more streamlined,
measurable and understandable.
ITEM 07/08/14
2
The proposed Ordinance also modifies how the exterior noise standards apply to multi - family
residential uses in urbanized areas, consistent with the 2010 General Plan Noise Element. For
multi - family residential uses locating in the Mixed Use or Medium Density Residential General
Plan land use districts, the subject Ordinance applies the City's exterior noise standards to
common open space areas only. (The current Code applies exterior standards at the property line
including at private open space areas such as patios or balconies.) The proposed Code
modification allows greater flexibility for "infill" residential projects and recognizes that the
expectation for a quiet exterior noise environment is different in the urban portions of the City
(due to the presence of roadways, freeways and rail activity) than in the City's more traditional
suburban neighborhoods.
Exempt Activities:
The subject Ordinance also modifies the list of activities that are exempt from the Noise
Ordinance, clarifying that construction and maintenance activities are exempt from the
Ordinance's noise standards so long as such activities are undertaken within certain specified
daytime hours. An exemption was also added for maintenance or construction activities by a
public agency or utility within street right of way. The subject Ordinance also clarifies that the
Noise Ordinance is intended to apply to "fixed" or "stationary" noise sources. Mobile noise
sources (such as traffic noise) cannot be readily regulated by local Code Enforcement. As such,
mobile noise sources are addressed in the General Plan Noise Element as a traffic /planning issue.
This concept is inferred in the current Code, but is clarified and reinforced by the subject
Ordinance.
Enforcement Authority:
Finally, the subject Ordinance modifies the Code to give enforcement authority to the Chief
Building Official or his /her designee. The current Code refers to the County Health Officer, who
no longer functions to enforce City Noise Ordinances. The subject Ordinance also deletes
sections of the Code referring to a Noise Variance process and County Noise Variance Board
approval. This County Board no longer exists.
California Environmental Quality Act (CEQA) Compliance
The subject Ordinance is being undertaken to establish consistency between the noise policies
and standards in the General Plan Noise Element (adopted in 2010) and the noise standards
contained in the City's Municipal Code. The Program Environmental Impact Report (PEIR) for
the 2010 Comprehensive General Plan Update (State Clearinghouse No. 2006031117, certified
on March 9, 2010) analyzed the environmental effects of the 2010 General Plan, including the
updated Noise Element policies and standards. As noted previously, General Plan
Implementation Program 1 -30 (Noise Ordinance) specifically calls for the City to update the
Noise Ordinance to reflect the noise policies and standards identified in the Noise Element. As
such, the subject Ordinance was contemplated at the time of the General Plan Update and EIR
adoption and any environmental effects resulting from the Ordinance were already adequately
analyzed and disclosed in that prior EIR. Therefore, the subject Ordinance update falls within the
scope of the previously- approved General Plan and the previously - certified Program EIR.
ITEM 07/08/14
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Since the subject Ordinance incorporates the policies and standards of the 2010 General Plan
Noise Element into the City's Code, there is no potential for new significant impacts or a
substantial increase in the severity of impacts (beyond those already analyzed in the earlier EIR).
As such, no new mitigation measures are required. Therefore, pursuant to CEQA Guidelines
Sections 15168 and 15162, no further documentation is warranted or required in order to comply
with CEQA.
Council Hearing Notice
A City Council Public Hearing Notice was published in the Orange City News on June 25, 2014.
If the Council approves the Ordinance, the Ordinance will be scheduled for a "second reading" at
the following Council meeting. If approved, the Ordinance becomes effective 30 days after the
"second reading ".
7. ATTACHMENTS
1. Ordinance No. 1 -14 (includes "clean version" of OMC Chapter 8.24)
2. OMC Chapter 8.24, proposed changes shown in underline / went format
ITEM
07/08/14
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ATTACHMENT NO. 1
NOISE CONTROL AMENDMENT
ORD. NO. 1 -14 (INCLUDES "CLEAN
VERSION" OF OMC CHAPTER 8.24)
ORDINANCE NO. 1 -14 JULY 8, 2014 CC MEETMIG
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING AN AMENDMENT
TO CHAPTER 8.24 OF THE ORANGE MUNICIPAL
CODE TO UPDATE THE CITY'S NOISE
ORDINANCE TO BE CONSISTENT WITH THE 2010
GENERAL PLAN NOISE ELEMENT.
WHEREAS, the City's Noise Ordinance was originally adopted in 1974, following the
State's enactment of the California Noise Control Act of 1973; and
WHEREAS, incremental amendments to the City's Noise Ordinance were made in 1974,
1980, and 1996, but a comprehensive update has not been undertaken since its adoption; and
WHEREAS, in 2010, the City adopted a Comprehensive General Plan Update which
included an update of the Noise Element; and
WHEREAS, the City's Noise Element establishes policies, defines noise standards, and
identifies strategies for maintaining an acceptable noise environment in the community; and
WHEREAS, the 2010 General Plan Implementation Program I -30 (Noise Ordinance)
specifically calls for the City to update the Noise Ordinance to reflect the noise policies and
standards identified in the Noise Element; and
WHEREAS, in addition to maintaining consistency with the Noise Element, the City
also desires to update the Noise Ordinance so that it is more user - friendly and reflects current
industry standards and noise conditions in the community; and
WHEREAS, the City Council having conducted a public hearing on July 8, 2014
including review of the staff report and receiving public testimony on the item, has determined
that the proposed amendment is justified and approves thereof.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION I:
Chapter 8.24 of the Orange Municipal Code is hereby amended to read in full as follows: