PC14-174Resolution No. 14-174
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA, FORWARDING A RECOMMENDATION THAT THE
CITY COUNCIL FIND THAT CODE AMENDMENT DCA 2014-162 IS EXEMPT
FROM ENVIRONMENTAL REVIEW AND AMEND 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
regarding 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 pertaining to the standards and criteria applicable to noise control
within the City of Menifee; and
Whereas, at the July 22, 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 July 22, 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.
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 L_ej (10 minute)
45 La (10 minute)
65 Lw (10 minute)
7:00 a.m. to 10:00 p.m.
55 Leq (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 July 22, 2014 Planning Commission 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 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.
Now, therefore, the City of Menifee Planning Commission recommends the following:
Section 1. That the City Council find, 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. That the City Council of the City of Menifee find 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. That the City Council of the City of Menifee find 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. That the City Council of the City of Menifee find with the creation of a new
Noise Ordinance for the City of Menifee that Riverside County Ordinance No. 847 as adopted
by the Menifee Municipal Code is no longer needed and therefore it should be 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,
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 CN
(CitrusNineyard), 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.
(I) 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
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 is found
to be either 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 or without 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:
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
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:
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, 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 L9 (10 minute)
55 L9 (10 minute)
45 L9 (10 minute)
65 Leq (10 minute)
7:00 a.m. to 10:00 p.m.
* Except as permitted under Section 9.09.020 "Exceptions".
9.09.060 SOUND LEVEL MEASUREMENT METHODOLOGY
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.
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.
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 other than a dwelling in which the power tools
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 Resolution.
Section 8. Effective Date. This Resolution shall become effective upon its adoption.
Section 9. Severability. If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications and, to this end, the provisions of this Resolution are declared to be severable.
APPROVED AND ADOPTED THIS 12" DAY tF AUGUST, 2014.
, Chair
Approved as to form:
I
ATTEST:
e ifer Ilen, Planning Commission Secretary
Scott A. Mann
Mayor
Wallace W. Edgerton
Deputy Mayor
John V. Denver
Councilmember
Thomas Fuhrman
Councilmember
Greg August
Councilmember
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 951.6793843
www.cityofinenifee.us.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do
hereby certify that the foregoing Resolution No. PC14-174 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
12`h day of August, 2014 by the following vote:
Ayes: Liesemeyer, Matelko, Phillips, Sobek, Thomas
Noes: None
Absent: None
Abstain: None
Je nifer Allen, Planning Commission Secretary