2014-155 Noise Control Regulations ORDINANCE No. 2014-155
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA FINDING THAT DEVELOPMENT CODE AMENDMENT No. 2014-
162 IS EXEMPT FROM ENVIRONMENTAL REVIEW, REPEALING COUNTY
ORDINANCE NO. 847 PERTAINING TO NOISE STANDARDS AND AMENDING
THE MENIFEE MUNICIPAL CODE BY ADOPTING A NEW CHAPTER 9.09
"NOISE CONTROL REGULATIONS"
Whereas, on October 1, 2008, the City of Menifee incorporated, becoming the local
government authority for the City's corporate boundaries; and
Whereas, on December 18, 2013, following the certification of an Environmental Impact
Report (State Clearinghouse # 2012071033), the City Council of the City of Menifee adopted a
comprehensive General Plan for the City, including Goals and Policies for the safe and
responsible growth and development of the community; and
Whereas, in early 2013 in reviewing the current Municipal Code's Noise regulations it was
felt that some provisions within County Ordinance No. 847, adopted by the City following
incorporation as the City's noise control ordinance, were inconsistent with current law and
potentially inconsistent with some provisions of the General Plan being processed; and
Whereas, on May 7, 2013, the City of Menifee City Council received information on
possible changes to Ordinance No. 847 regarding the standards and criteria in place for noise
control within the City, where upon the Council provided guidance to staff as to revisions to such
language for a possible Code Amendment to create a new noise control ordinance; and
Whereas, on July 12, 2014, a Municipal Code Amendment by way of DCA 2014-162 was
publicly noticed within The Press Enterprise, a newspaper of general circulation, for a public
hearing before the City of Menifee Planning Commission scheduled for July 22, 2014; and
Whereas, on July 22, 2014, the Planning Commission held a duly noticed public hearing
on the recommended Notice of Exemption and proposed Code Amendment by way of DCA 2014-
162, considered all public testimony as well as all materials in the staff report and accompanying
documents to establish a new Chapter 9.09 "Noise Regulations" within the City of Menifee
Municipal Code, and following discussion continued the public hearing to August 12, 2014; and
Whereas, at the August 12, 2014 Planning Commission public hearing, based upon the
materials in the staff report and accompanying documents, the Commission considered the
requirements of the California Environmental Quality Act (CEQA) (Public Resources Code
Section 21000 et. seq.) with regard to the possible impacts the Amendment may have upon the
environment, and the Amendment's consistency with the Environmental Impact Report adopted
for the City's newly adopted General Plan; and
Whereas, at the August 12, 2014 Planning Commission public hearing, based upon the
materials in the staff report and accompanying documents, the Commission considered the Goals
and Policies of the City's adopted General Plan as stated below; and
Goal C-5:An efficient flow of goods through the City that maximizes economic benefits
and minimizes negative impacts.
Ordinance No. 2014-155
Noise Regulations
Policy C-5.1: Support efforts to reduce/eliminate the negative environmental
impacts of goods movement.
Goal OSC-8: Protected biological resources, especially sensitive and special status
wildlife species and their natural habitats.
Policy OSC 8.5: Recognize the impacts new development will have on the City's
natural resources and identify ways to reduce these impacts.
Goal N1: Noise-sensitive land uses are protected from excessive noise and vibration
exposure.
Policy N-1.1: Assess the compatibility of proposed land uses with the noise
environment when preparing, revising or reviewing development project
applications.
Policy N-1.2: Require new projects to comply with the noise standards of
local, regional, and state building code regulations, including but not limited
to the City's Municipal Code, Title 24 of the California Code of Regulations,
the California Green Building Code, and subdivision and development
codes.
Policy N-1.3: require noise abatement measures to enforce compliance
with any applicable regulatory mechanisms, including building codes and
subdivision and zoning regulations, and ensure that the recommended
mitigation measures are implemented.
Policy N-1-4: Regulate the control of nuisances, such as residential party
noise, and barking dogs, through the City's Municipal Code.
Policy N 1.5: Protect agricultural uses from noise complaints that may
result from routine farming practices.
Policy N-1.7: Mitigate exterior and interior noises to the level listed in the
table below to the extent feasible, for stationary sources adjacent to
sensitive receptors:
Table 1
Stationary Source Noise Standards
Land Use Interior Standards Exterior Standards
Residential
10:00 p.m. to 7:00 a.m. 40 Lea (10 minute) 45 Leo (10 minute)
7:00 a.m. to 10:00 p.m. 55 LPa (10 minute) 65 Leg (10 minute)
Goal N2: Noise spillover from noise-generating uses, such as agriculture, commercial
and industrial uses into adjoining noise-sensitive uses is minimized.
Policy N-2.1: Require that new developments abutting residentially designated
properties that operate stationary noise sources such as industrial, commercial,
entertainment, institutional uses, hospitals, large hotels, be designed to minimize
noise impacts generated by loading areas, parking lots, trash enclosures,
mechanical equipment, and any other noise generating features specific to the
development to the extent feasible.
Whereas, at the August 12, 2014 Planning Commission public hearing, the materials
within the staff report and accompanying documents, as required by Riverside County Ordinance
2
Ordinance No. 2014-155
Noise Regulations
No. 348 (adopted by the City of Menifee with regard to amendments to the Zoning Code), illustrate
to the Commission that the proposed Code Amendment by way of DCA 2014-162 is consistent
with, conforms to and fulfills the Goals and Policies of the adopted General Plan as listed above;
and
Whereas, on or before September 2, 2014, a Municipal Code Amendment by way of DCA
2014-162 was publicly noticed within The Press Enterprise, a newspaper of general circulation,
for a public hearing before the City of Menifee City Council scheduled for September 17, 2014;
and
Whereas, on September 17, 2014, the City Council held a duly noticed public hearing on
the recommended Notice of Exemption and proposed Code Amendment by way of DCA 2014-
162, considered all public testimony as well as all materials in the staff report and accompanying
documents to establish a new Chapter 9.09 "Noise Regulations" within the City of Menifee
Municipal Code; and
Whereas, at the September 17, 2014 City Council public hearing, based upon the
materials in the staff report and accompanying documents, the Council considered the
requirements of the California Environmental Quality Act (CEQA) (Public Resources Code
Section 21000 et. seq.) with regard to the possible impacts the Amendment may have upon the
environment, and the Amendment's consistency with the Environmental Impact Report adopted
for the City's newly adopted General Plan; and
Whereas, at the September 17, 2014 City Council public hearing, based upon the
materials in the staff report and accompanying documents, the Council considered the Goals and
Policies of the City's adopted General Plan as stated herein above; and
Whereas, at the September 17, 2014 City Council public hearing, the materials within the
staff report and accompanying documents, as required by Riverside County Ordinance No. 348
(adopted by the City of Menifee with regard to amendments to the Zoning Code), illustrate to the
Council that the proposed Code Amendment by way of DCA 2014-162 is consistent with,
conforms to and fulfills the Goals and Policies of the adopted General Plan as listed herein above.
Now, therefore, the City Council of the City of Menifee does ordain as follows:
Section 1. The City Council finds, for the reasons detailed upon that Notice of Exemption,
that the proposed Code Amendment is exempt from further environmental review and authorize
staff to sign and forward the Notice of Exemption.
Section 2. The City Council of the City of Menifee finds that the proposed Code
Amendment by way of DCA 2014-162 is consistent with the Goals and Policies of the City's
adopted General Plan as enumerated above.
Section 3. The City Council of the City of Menifee finds that the proposed Code
Amendment by way of DCA 2014-162 is consistent with the requirements of the Menifee
Municipal Code regarding the process of amending the Municipal Code.
Section 4. The City Council of the City of Menifee finds with the creation of a new Noise
Ordinance for the City of Menifee that Riverside County Ordinance No. 847 as adopted by the
3
Ordinance No. 2014-155
Noise Regulations
Menifee Municipal Code is no longer needed and therefore it is hereby repealed and of no further
force or effect.
Section 5. As a conflict in standards between two (2) Chapters of the Municipal Code will
result with the adoption of a new Chapter 9.09 "Noise Control Regulations", that the Council
initiate a Municipal Code Amendment to amend Section 8.01.010 "Hours of Construction",
Chapter 8.01 "Administrative Procedures" of Title 8 'Building and Construction" to bring the
allowed hours of construction into conformance with those found within Chapter 9.09 "Noise
Control Regulations".
Section 6. That the City Council adopt a new Chapter 9.09 "Noise Regulations" of the
Menifee Municipal Code to read as follows:
Chapter 9.09 "Noise Control Regulations"
Sections:
9.09.010 INTENT
9.09.020 GENERAL EXEMPTIONS
9.09.030 CONSTRUCTION RELATED EXEMPTIONS
9.09.040 DEFINITIONS
9.09.050 GENERAL SOUND LEVEL STANDARDS
9.09.060 SOUND LEVEL MEASUREMENT METHODOLOGY
9.09.070 SPECIAL SOUND SOURCES STANDARDS
9.09.080 DUTY TO COOPERATE
9.09.010 INTENT
At certain levels, sound becomes noise and may jeopardize the health, safety or general
welfare of city residents and degrade their quality of life. Pursuant to its police power, the
City Council hereby declares that noise shall be regulated in the manner described herein.
This chapter is intended to establish city wide standards regulating noise. This chapter is
not intended to establish thresholds of significance for the purpose of any analysis
required by the CEQA and no such thresholds are hereby established.
9.09.020 GENERAL EXEMPTIONS
Sound emanating from the following sources are exempt from the provisions of this
chapter:
(A) Facilities owned or operated by or for a governmental agency.
(B) Capital improvement projects of a governmental agency.
(C) The maintenance or repair of public properties.
(D) Public safety personnel in the course of executing their official duties,
including, but not limited to, sworn peace officers, emergency personnel
and public utility personnel. This exemption includes, without limitation,
4
Ordinance No. 2014-155
Noise Regulations
sound emanating from all equipment used by such personnel, whether
stationary or mobile.
(E) Public and private schools and school-sponsored activities.
(F) Agricultural operations on land designated Agriculture in the city's General
Plan, or land zoned A-1 (Light Agriculture), A-P (Light Agriculture With
Poultry), A-2 (Heavy Agriculture), A-D (Agriculture-Dairy) or C/V
(Citrus/Vineyard), provided such operations are carried out in a manner
consistent with accepted industry standards. This exemption includes,
without limitation, sound emanating from all equipment used during such
operations, whether stationary or mobile.
(G) Wind Energy Conversion Systems (WECS), provided such systems
comply with the noise provisions of Menifee Municipal Code.
(H) Property maintenance, including, but not limited to, the operation of
lawnmowers, leaf blowers, etc., provided such maintenance occurs
between the hours of 7 a.m. and 8 p.m.
(1) Motor vehicles (factory equipped), other than off-highway vehicles. This
exemption does not include sound emanating from motor vehicle sound
systems.
(J) Heating and air conditioning equipment in proper repair.
(K) Safety, warning and alarm devices, including, but not limited to, house and
car alarms, and other warning devices that are designed to protect the
public health, safety, and welfare.
(L) The discharge of firearms consistent with all state laws.
(M) Bars, nightclubs, cocktail lounges, cabarets, billiards/pool halls,
restaurants, drive-ins and eating establishments that have a conditional
use permit for on-site alcohol sales and live entertainment (interior noise).
Outdoor patios and similar areas shall be subject to the requirements of
this Chapter, unless conditioned otherwise under Conditional Use Permit
review.
(N) Single Event Exceptions. A single event exception shall be considered a
minor temporary use as defined in Title 9 "Temporary Use Permit", Chapter
9.06 of the City of Menifee Municipal Code. An application for a single
event exception shall be made using the temporary use application
provided by the Community Development Director in Title 9, Chapter 9.06
"Temporary Use Permit" of the City of Menifee Municipal Code.
(0) Continuous Events Exceptions. A continuous events exception shall be
considered a major temporary use as defined in Chapter 9.06 "Temporary
Use Permit". An application for a continuous events exception shall be
5
Ordinance No. 2014-155
Noise Regulations
made using the temporary use application provided by the Community
Development Director in Chapter 9.06 'Temporary Use Permit".
(P) Procedures, Required Findings, Conditions of Approval, and Enforcement.
The application procedures, required findings, conditions of approval, and
enforcement of the permit issued under this Section 9.09.070 shall be
governed by provisions in Chapter 9.06 'Temporary Use Permit".
(Q) The exemptions noted above shall only be granted under a Temporary Use
Permit application where the following can be demonstrated:
1. that granting the exemption shall not create, in the opinion of the
Community Development Director, either short or long term
detrimental disturbances to the adjoining or surrounding properties,
or to the community as a whole;
2. that such exemption shall not create a precedent that may be cited
by others to justify further exemptions;
3. that if an exception is granted, reasonable conditions of approval
may be imposed to minimize the public detriment, including, but not
limited to, restrictions on sound level, sound duration and operating
hours; and
4. that a procedure shall be set in place (a contact person, phone
number and address) that has the ability and authority to
immediately terminate the sound creating event or activity if found
to be either a short or long term detrimental disturbance or being
conducted in a manner that is inconsistent with the TUP approval
or any applied Conditions of Approval.
9.09.030 CONSTRUCTION RELATED EXEMPTIONS
Exceptions may be requested from the standards set forth in Sections 9.09.040 or
9.09.060 of this Chapter and may be characterized as construction-related, single event
or continuous events exceptions.
(A) Private construction projects, with orwithout a Building Permit, located one-
quarter (1/4) of a mile or more from an inhabited dwelling.
(B) Private construction projects, with or without a Building Permit, located
within one-quarter (1/4) of a mile from an inhabited dwelling, provided that:
1. Construction does not occur between the hours of 6:00 p.m. and
6:00 a.m. the following morning during the months of June through
September; and
2. Construction does not occur between the hours of 6:00 p.m. and
7:00 a.m. the following morning during the months of October
through May.
(C) Construction-Related Exceptions. A construction-related exception shall
be considered either a minor temporary use or a major temporary use as
6
Ordinance No. 2014-155
Noise Regulations
defined in Chapter 9.06. An application for a construction-related exception
shall be made using the temporary use application provided by the
Community Development Director in Chapter 9.06. For construction
activities on "Sunday or nationally recognized holidays', Section 8.01.010
"Hours of Construction" shall prevail.
9.09.040 DEFINITIONS
As used in this chapter, the following terms shall have the following meanings:
(A) AUDIO EQUIPMENT. A television, stereo, radio, tape player, compact disc
player, mp3 player, I-POD, music equipment/instrument or other similar
device.
(B) DECIBEL (DB). A unit for measuring the relative amplitude of a sound
equal approximately to the smallest difference normally detectable by the
human ear, the range of which includes approximately one hundred thirty
(130) decibels on a scale beginning with zero decibels for the faintest
detectable sound. Decibels are measured with a sound level meter using
different methodologies as defined below:
1. A-weighting (dBA) means the standard A-weighted frequency
response of a sound level meter, which de-emphasizes low and
high frequencies of sound in a manner similar to the human ear for
moderate sounds.
2. Equivalent Continuous Noise Level (Leq) is the noise level energy
averaged over the measurement period. For example, a 10-minute
Leq would be averaged over a 10-minute period.
(C) GOVERNMENTAL AGENCY. The United States, the State of California,
Riverside County, the City of Menifee, any city within Riverside County, any
special district within Riverside County or any combination of these
agencies.
(D) LAND USE PERMIT. A discretionary permit issued by the city pursuant to
the Menifee Municipal Code allowing a specific activity to be conducted on
an individual property.
(E) MOTOR VEHICLE. A vehicle that is self-propelled by a motor or engine.
(F) MOTOR VEHICLE SOUND SYSTEM. A television, stereo, radio, tape
player, compact disc player, mp3 player, I-POD, music
equipment/instrument or other similar device attached to or installed within
the vehicle.
(G) NOISE. Any loud, discordant or disagreeable sound.
(H) OCCUPIED PROPERTY. Property upon which is located a residence,
business, or industrial or manufacturing use. Property where a residential,
7
Ordinance No. 2014-155
Noise Regulations
commercial, business, industrial, manufacturing or storage activity is taking
place.
(1) OFF-HIGHWAY VEHICLE. A motor vehicle as defined in Section 38006
of the California Vehicle Code including without limitation off-highway
motorcycle, sand buggy, dune buggy, all-terrain vehicle, or jeep.
(J) PUBLIC PROPERTY. Property owned by a governmental agency or held
open to the public, including, but not limited to, parks, streets, sidewalks,
and alleys.
(K) PUBLIC OR PRIVATE SCHOOL. An institution conducting academic
instruction at the preschool, elementary school, junior high school, high
school, or college level.
(L) SENSITIVE RECEPTOR. A living organism or land use that is
identified as sensitive to noise in the Noise Element of the City's General
Plan, including, but not limited to, residences, schools, hospitals, churches,
rest homes, cemeteries or public libraries.
(M) SOUND LEVEL METER. An instrument meeting the standards of the
American National Standards Institute for Type 1 or Type 2 sound level
meters or an instrument that provides equivalent data.
(N) SOUND AMPLIFYING EQUIPMENT. A loudspeaker, microphone,
megaphone or other similar device.
(0) SOUND GENERATING EQUIPMENT. Musical instrument/device, motor,
generator or other mechanical equipment or device capable of generating
sound not otherwise defined herein.
9.09.050 GENERAL SOUND LEVEL STANDARDS
No person shall create any sound, or allow the creation of any sound, on any property that
causes the exterior and interior sound level on any other occupied property to exceed the
sound level standards set forth in Table 1.
Table 1
Stationary Source Noise Standards
Land Use Interior Standards Exterior Standards
Residential*
10:00 p.m. to 7:00 a.m. 40 Lea (10 minute) 45 Ley (10 minute)
7:00 a.m. to 10:00 p.m. 55 Leo (10 minute) 65 Leg (10 minute)
Except as permitted under Section 9.09.020"Exceptions".
9.09.060 SOUND LEVEL MEASUREMENT METHODOLOGY
8
Ordinance No. 2014-155
Noise Regulations
Sound level measurements may be made anywhere within the boundaries of an occupied
property. The actual location of a sound level measurement shall be at the discretion of
the enforcement officials identified in Section 9.09.080 of this Chapter. Sound level
measurements shall be made with a sound level meter. Immediately before a
measurement is made, the sound level meter shall be calibrated utilizing an acoustical
calibrator meeting the standards of the American National Standards Institute. Following
a sound level measurement, the calibration of the sound level meter shall be re-verified.
Sound level meters and calibration equipment shall be certified annually.
9.09.070 SPECIAL SOUND SOURCES STANDARDS
The general sound level standards set forth in Section 9.09.040 of this Chapter apply to
sound emanating from all sources, including the following special sound sources, and the
person creating, or allowing the creation of, the sound is subject to the requirements of
that section. The following special sound sources are also subject to the following
additional standards, the failure to comply with which constitute separate violations of this
chapter.
(A) Motor Vehicles.
1. Off-Highway Vehicles.
(a) No person shall operate an off-highway vehicle unless it is
equipped with a USDA qualified spark arrester and a
constantly operating and properly maintained muffler. A
muffler is not considered constantly operating and properly
maintained if it is equipped with a cutout, bypass or similar
device.
(b) No person shall operate an off-highway vehicle unless the
noise emitted by the vehicle is not more than 96 dBA if the
vehicle was manufactured on or after January 1, 1986 or is
not more than 101 dBA if the vehicle was manufactured
before January 1, 1986. For purposes of this subsection,
emitted noise shall be measured a distance of twenty (20)
inches from the vehicle tailpipe using test procedures
established by the Society of Automotive Engineers under
Standard J-1287.
2. Sound Systems. No person shall operate a motor vehicle sound
system, whether affixed to the vehicle or not, between the hours of
10:00 p.m. and 8:00 a.m. the following morning, such that the sound
system is audible to the human ear inside any inhabited dwelling.
No person shall operate a motor vehicle sound system, whether
affixed to the vehicle or not, at any other time such that the sound
system is audible to the human ear at a distance greater than one
hundred (100) feet from the vehicle.
3. Power Tools and Equipment. No person shall operate any power
tools or equipment between the hours of 7:00 p.m. and 7:00 a.m.
9
Ordinance No. 2014-155
Noise Regulations
the following morning during the months of June through
September and 6:00 p.m. and 7:00 a.m. the following morning
during the months of October through May such that the power tools
or equipment are audible to the human ear inside an inhabited
dwelling otherthan a dwelling in which the powertools or equipment
may be located. No person shall operate any power tools or
equipment at any other time such that the power tools or equipment
are audible to the human ear at a distance greater than one
hundred (100) feet from the power tools or equipment.
4. Audio Equipment. No person shall operate any audio equipment,
whether portable or not, between the hours of 10:00 p.m. and 8:00
a.m. the following morning such that the equipment is audible to the
human ear inside an inhabited dwelling other than a dwelling in
which the equipment may be located. No person shall operate any
audio equipment, whether portable or not, at any other time such
that the equipment is audible to the human ear at a distance greater
than one hundred (100) feet from the equipment.
5. Sound Amplifying Equipment and Live Music. No person shall
install, use or operate sound amplifying equipment, or perform, or
allow to be performed, live music unless such activities comply with
the following requirements. To the extent that these requirements
conflict with any conditions of approval attached to an underlying
land use permit, these requirements shall control.
(a) Sound amplifying equipment or live music is prohibited
between the hours of 10:00 p.m. and 8:00 a.m. the following
morning on Sunday through Thursday and 11:00 p.m. and
8:00 a.m. the following morning on Friday and Saturday.
(b) Sound emanating from sound amplifying equipment or live
music at any other time shall not be audible to the human
ear at a distance greater than two hundred (200) feet from
the equipment or music.
9.09.080 DUTY TO COOPERATE
No person shall refuse to cooperate with, or obstruct, any peace officer or Code
Enforcement officer when they are engaged in the process of enforcing the provisions of
this chapter. This duty to cooperate may require a person to extinguish a sound source
so that it can be determined whether sound emanating from the source violates the
provisions of this chapter.
Section 7. Notice of Adoption. The City Clerk of the City of Menifee shall certify to the
adoption of this Ordinance.
Section 8. Effective Date. This Ordinance shall take effect and be in full force and
operation thirty (30) days after its adoption by the City Council on October 1, 2014.
10
Ordinance No. 2014-155
Noise Regulations
Section 9. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance or the application thereof to any person or circumstance is, for any reason, held
to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City Council
declares that it would have adopted this Ordinance, and each section, subsection, sentence,
clause, phrase or portion thereof, irrespective of the fact that any one or more section, subsection,
sentence, clause, phrase or portion thereof be declared invalid or unconstitutional.
Section 10. City Clerk Action. The City Clerk of the City of Menifee is authorized and
directed to cause this Ordinance to be published within fifteen (15) days after its passage in a
newspaper of general circulation and circulated within the City in accordance with Government
Code Section 36933(a)or, to cause this Ordinance to be published in the manner required by law
using the alternative summary and posting procedure authorized under Government Code
Section 36933(c).
PASSED APPROVED AND ADOPTED this 1St day of October, 2014, by the following
vote:
AYES:;,August, Denver, Edgerton, Fuhrman, Mann
NOES: None
ABSENT: None
ABSTAIN: None
Scott A. Mann, Mayor
APPROVED AS TO FORM:
ffre . Melching, City n
ney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KATHY BENNETT, City Clerk of the City of Menifee, do hereby attest to and certify the
attached Ordinance No. 2014-155 to be the original ordinance adopted by the City
Council of the City of Menifee on October 1, 2014 and that said ordinance was published
in accordance with the law.
Date: )0//
Kathy bermett, City Clerk
I1