HomeMy WebLinkAbout95-53 - Amending Chapter 10.26 of the Municipal Code to Revise Noise Levels for Residential Areas Adjacent to Commercial Areas and to Exempt Noise Sources Addressed By Previously Discretionary ApprovalsORDINANCE NO. 95 -53
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING CHAPTER 10.26 OF THE
MUNICIPAL CODE TO REVISE NOISE LEVELS FOR
RESIDENTIAL AREAS ADJACENT TO COMMERCIAL AREAS
AND TO EXEMPT NOISE SOURCES ADDRESSED BY
PREVIOUSLY DISCRETIONARY APPROVALS
• WHEREAS, on September 11, 1995, the City Council of the City of Newport Beach adopted
a comprehensive noise control ordinance; and
WHEREAS, the adopted noise control regulations may place an undue hardship on
commercial properties located adjacent to residential areas; and
WHEREAS, the adopted noise control regulations contained no provisions exempting noise
sources previously identified and mitigated by earlier actions by the City of Newport Beach; and
WHEREAS, the proposed amendments to Chapter 10.26 of the City of Newport Beach
Municipal Code needed to address these issues are minor and will not be detrimental to the public
health, welfare and safety; and
WHEREAS, pursuant to the California Environmental Quality Act, the proposed amendment
• has been reviewed and it has been determined to be categorically exempt from the requirements of
the California Environmental Quality Act under Class 8.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1: Section 10.26.025 of the Newport Beach Municipal Code is hereby amended
to read as follows:
C. In the event the ambient noise level exceeds the noise standard, the maximum allowable
noise level under said category shall be increased to reflect the maximum ambient noise level.
D. The Noise Zone III standard shall apply to that portion of residential property falling
within 100 feet of a commercial property, if the intruding noise originates from that commercial
property.
•
E. If the measurement location is on boundary between two different noise zones, the
lower noise level standard applicable to the noise zone shall apply.
SECTION 2: Section 10.26.030 of the Newport Beach Municipal Code is hereby amended
to read as follows:
C. In the event the ambient noise level exceeds the noise standard, the noise standard
applicable to said category shall be increased to reflect the maximum ambient noise level.
D. The Noise Zone III standard shall apply to that portion of residential property falling
within 100 feet of a commercial property, if the intruding noise originates from that commercial
• property.
E. If the measurement location is on a boundary between two different noise zones, the
lower noise level standard applicable to the noise zone shall apply.
SECTION 3: Section 10.26.035 of the Newport Beach Municipal Code is hereby amended
to read as follows:
K. Any noise sources associated with the operation of a permanently installed heating,
venting and air conditioning (HVAC) equipment on a residential property permitted
under the provisions of Section 10.26.045 (B) and (C).
L. Any noise sources specifically identified and mitigated under the provisions of a use
permit, modification permit, development agreement or Planned Community District development
plan adopted prior to the date of adoption of this chapter.
• SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same
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shall become effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on October 9, 1995, and adopted on the 13th day of November, 1995, by the
following vote, to wit:
ATTEST:
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F: \WP51\ PLANNING \PAT- A\NOISEW..PORTS\95- 53.ORD
AYES, COUNCIL MEMBERS EDWARDS, WATT, DERRY,
HEDGES, COX, GLOVER, O'NEIL
NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS NONE
MAYOR