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SR - ORD-01-14 -AGENDA ITEM ' a July � 8 2014 °s� �r.••: Via$' uxrr 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 3 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 11 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: