MEETING DATE:
JULY 11, 2017
SUBJECT:
Title
ORDINANCE NO. 2017-1446 - RE-INTRODUCTION OF ORDINANCE AMENDING CHAPTERS 10.24, 20.300, 20.400, and 20.450 OF THE SAN MARCOS MUNICIPAL CODE TO REGULATE NOISE PERFORMANCE STANDARDS
Body
Recommendation
Recommendation
APPROVE the re-introduced ordinance, as amended, modifying Chapters 10.24, 20.300, 20.400, and 20.450 of the San Marcos Municipal Code (SMMC) to regulate land use provisions relating to noise performance standards.
Body
Board or Commission Action
The San Marcos Planning Commission recommended approval of the proposed amendments to Chapter 20.300, as amended under the re-introduced Ordinance, with a 7 - 0 vote in favor.
Relevant Council Strategic Theme
Quality of Life, Planning for the Future
Relevant Department Goal
Not Applicable
Introduction
The proposed Ordinance re-introduces, as amended, revised noise generation performance standards consistent with industry standards. The re-introduced Ordinance is proposed to the City Council for consideration in its amended form to correct a clerical error in the formatting of Table 20.300-4, which resulted in a portion of Note 2 of that Table, and all of Note 3, to drop off the version of the Table which appeared in the City Council’s agenda packet for its June 27, 2017 meeting. No other portion of the proposed changes were affected; the formatting affected only Table 20.300-4, but all provisions relating to noise performance standards are proposed for re-introduction.
The Planning Commission previously considered and recommended approval of the attached modifications to San Marcos Municipal Code (SMMC) Chapters 10.24, 20.300, 20.400, and 20.450, including all of the proposed modifications to Table 20.300-4, which were later inadvertently omitted when the Table was reformatted for the City Council’s consideration and approval at its last meeting.
The remainder of this Agenda Report contains the original discussion of the modifications to SMMC Chapters 10.24, 2.300, 20.400, and 20.450, as well as to Table 20.300-4.
Discussion
The City has a compelling interest in regulating noise performance standards to clarify the City’s desired land use practices and continue protecting the health, safety and welfare of the City’s residents and businesses.
City staff recommends the following minor modifications to existing noise-related regulations, as amended under the re-introduced Ordinance, to bring these standards into compliance with the General Plan - Noise Element, and to clarify the methods of noise measurements, including the following:
• Updates the noise measurement methods under SMMC Section 20.300.070(F) to a height of five (5) feet and a setback of ten (10) feet from structures or reflective surfaces to reflect best management practices.
• Clarifies that the standards are to be measured in Leq (equivalent sound level) under SMMC Section 20.300.070(F), as this is the appropriate method of noise measurement and results in consistency with the rest of the references under the existing ordinance.
• Amends the maximum exterior noise level for commercial land uses to 65 dBA during the day time, consistent with the General Plan - Noise Element, and to reflect the same standard which is applicable to other non-single family residential land uses under SMMC Section 20.300.070(F).
• Clarifies how exterior noise level is defined and where it is measured on-site under SMMC Section 20.300.070(F) and Table 20.300-4, consistent with an industry standard designed to provide more accurate and reliable measurements and avoid false readings as a result of reflection off nearby buildings.
• Incorporates cross-references under SMMC Chapters 20.300 (Site Planning and General Development Standards), 20.400 (Specific Use Standards) and 20.450 (Renewable Energy).
• Updates Title 10 of the SMMC, which regulates loud, annoying and unnecessary excessive noise, to incorporate the noise limits referenced in SMMC section 20.300.070(F) to allow for better enforcement of noise complaints.
• Other minor, non-substantive amendments (i.e. clean up of typographical errors).
The proposed amendments to the performance standards for noise are minor in nature and will not result in any substantive changes in the review process of projects. The updated exterior daytime noise standard for commercial uses will now be consistent with the noise standards for multi-family and industrial uses.
Environmental Determination
The proposed Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and it has been determined that this is not a project within the meaning of Section 15378 of the CEQA Guidelines because there is no potential for it to result in a physical change in the environment, either directly or indirectly. Even if the proposed Ordinance was considered a project subject to CEQA, it would be exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the proposed Ordinance would have a significant effect on the environment.
Fiscal Impact
No fiscal impact is anticipated as a result of the proposed re-introduced Ordinance.
Attachment(s)
2017-XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, AMENDING CHAPTERS 10.24, 20.300, 20.400, AND 20.450 OF THE SAN MARCOS MUNICIPAL CODE TO REGULATE NOISE PERFORMANCE STANDARDS
Prepared by: Helen Holmes Peak, City Attorney
Reviewed by: Jack Griffin, City Manager