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Resolution 1976-01 ~ :JW'!~~~'1'---~~~~~' A:l',;;."'}f'rr. '!' '",\ H~'~ ~~"~J;"f"I';"',,,,~:;,,,>;.' .;'i'lJ~:'.,~i .(:50/,; 'v ,+>, "" ~:.:~,.>:~" "Y' '". ,"r~1 ~ .t .. -..- .. RESOLUTION NO. 76-1 RESOLUTION OF THE COUNCIL OF TIm CITY OF GILROY AMENDING THE GENERAlJ PLAl~ OF THE CITY OF GILROY BY ADOPTING AND ADDING THERETO THE NOISE ELEMENT. WHEREAS, the Planning Commission of the City of Gilroy has heretofore held hearings in accordance with law upon a proposal to amend the General Plan for the City of Gilory by adopting and adding thereto a Noise Element, and has made its report to the Council of said City of Gilroy in which it recommends approval of the Noise Element attached to and made a part of its Resolution No. 774 and adoption thereof; and WHEREAS, pursuant to Sections 65355 et. seq. of the Government Code of the State of California, the Council of the City of Gilroy has heretofore fixed the 1st day of December, 1975, at the hour of 8:00 o'clock p.m. in the Council Chambers in the City Hall, Gilroy, California, as the time and place for hearing the said report and recommendation of said planning commission, notice of said hearing has been given in accordance with law and the ordinances of the City of Gilroy, and the Council now having proceeded to the hearing of said report and recommendation and continued it and its adoption to this date, and having duly considered the same and determined that the said report should be adopted; NOW, THEREFORE, BE IT RESOLVED, that the Noise Element of the General Plan for the City of Gilroy recommended and attached hereto be and the same is hereby approved and adopted as an element of the General Plan for the City of Gilroy. PASSED AND ADOPTED this 5th day of January, 1976, by the following vote: NOES: COUNCILMEMBERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRICH COUNCILMEHBERS HONE AYES: ABSENT: COUNCILMEHBERS: NONE , & %~ ATTEST. ' , .-i- .,.- (?I 'itd&>1rnu), , Q~/ ~~>1/)~i'" City Clerk I " ~VED' ~ . .' ~ ~~ '.. __ n_ ~~ RESOLUTION NO. 76-1 o.!~_ .. e. e NOISE ELEMENT TO THE GENERAL PLAN ! . I ntroduct i on Sound, so much a part of our existence, is growing to such disagree- able proportions within our environment that it has become a threat to our health. As noise levels in communiities continue to increase the development of severe hearing loss may become as much of a problem, as congested sections of large cities. The problem is not ll~ited to the out of doors. Noise in our home is begi'nning to reach harmful levels. Some recent studies suggest that existing noise levels may be a cause in the rising rates of heart disease, ulcers and mental illness and may even adversely affeci the unborn child. II. Goals and Policy The goals of the Noi se Element are to: Ar preserve peaceful noise conditions in the City where they do ex i s t B. reduce annoying levels of nois~ for existing situations C. achieve a peaceful acoustic environment in portions of the City to be developed D. make maximum use of existing.City processes to accomplish noise control E. arrive at a resultant noise abatement program which is consistent with state and federal guidelines and which is a) legally valid, b) not unduly costly, and c) does not impose undue hardship upon residential property owners and community business interests In order to attain these goals, the City of Gilroy declares a policy of excl uding and prohi bi t i ng annoyi ng, .excess i ve and unnecessary noi ses from sources subject to its regulatory, administrative and police powers. The City takes notice that for certain intensity levels, noise is detrimental to the health, welfare and enjoyment of the citizenry as well as detrimental to the quality of the environment. The City takes special notice that it is the penetration of unwanted sound from sources not controllable by an individual household that deserve the highest priority in order to insure each person's right to peaceful surroundings. III. SUrTmari: of-Exis'ting-=and;Projected Acoustic Conditions In o~der to achieve the goals previously described, determine acceptable land uses.that provide a pleasing acoustic environment for members of the community, it was necessary to identify present acoustic:conditions and to attain some knowledge of probable future conditions. This was achieved by taking actual measurements of ambient noise in Gilroy and by the application of a noise propagation model to make predictions for two years; 1974 and 1995. A more complete description of the methodology, existing and future acoustic conditions,used, is grven in Appendix B. -1- . :' .' , . , e e , ' 1 A. Summary of Existing Noise in Gilroy Noise in most commercial and industrial areas seems to be within the bounds of desirable noise. Noise in many residential areas is sl ightly higher than is suggested in the Planning Criteria set forth in Section 5. Extremely high noise levels were measured at the Gilroy Apartments near I.O.O.F. Avenue and Highway 101. Contours of existing noise due to roadways are shown in Figure 4-2. The measurement scale is LON; the units are dBA. Along Monterey Street railway noise is significant. Figure 4-3 shows LON contours parallel to Monterey Street adjusted to include train noise. These contours move out from the tracks in areas north and south of downtown (implying higher noise levels). . This is due to increased speed and loss of shielding from bui ldings. Levels in ,town are. slightly higher on the west side of the tracks due to less shielding from buildings on this side. AH major streets have been contoured in Figure 4-2. The LONs on streets not contoured range from 50 dBA - 60 dBA at 50 feet from the roadway. At the hospital which is a critical receptor of noise, the LONs range from 53 dBA at 50 feet from Fifth Street to 63 dBA 50 feet from Sixth Street. {The hospital is approximately 100 feet from Sixth Street, bringing noise levels from that street to an LON of approximately 59 dBA at the hospital.) The levels given are for out-of-doors; interior levels will be 12-18 dBA depending on building construction and whether windows are closed or open. B. Future Noise from Transportation Sources Traffic, volumes in Gilroy are expected to increase greatly over the next twenty years. In order to quantify this increase, a factor by which traffic on Highway 101 is expected to increase was obtained from the State Department of Transportation Planning. The factor was then applied to all streets in Gilroy, since the factor was based on demand in Gilroy. Truck mixes (percentage of trucks) were assumed to be constant. They were obtained from the traffic counts taken during the noise sampling. The increase in traffic tended to increas'e noise levels on City streets from those existing presently. However, on Highway 101, noise levels are predicted to decrease due to the high percentage of trucks. This' is because truck noise is expected to decrease steadily over the next twenty years as new trucks meeting stronger noise regulations are produced and substituted for the old trucks on the road. The percentage of trucks on Highway 101 between LeavesleyRoad and Highway 152;'vaded from 13% to 17% in the daytime (7a.m. to 10 p.m.) and from 17% to 19% in the 'nighttime (10 p.m. to 7 a.m.). (Extra traffic counts were performed to obtain a characterization of night truck mixes.) Average truck mixes on a typical highway migh~ range from 2% to 5%. If truck mixes decrease, or equivantly, if truck volume remains constant, the predicted contours would be somewhat modified. Our assumption was that truck mixes in the daytime and nighttime were 15% and 18% respectively. It should be remembered that ~he traffic counts were made in October. Had they been made in the harvest season, much higher truck mixes might have been measured. It should also be noted that, as explained in the definitions, the LON scale weights nighttime noise more heavily than daytime noise because of its increased annoyance factor during the sleeping hours. -2- e e , ~ . Contours showing roadway noise for 1995 are shown in Figure 4-4. Half of the traffic on Monterey Street is planned to be diverted to EigleBerry Street through town. This has been accounted for in the predicted future contours. Also the fact that Santa Teresa Boulevard will become a major highway by the year 1995 has been accounted for. However, as different changes are made with regard to roadway configuration and traffic diversion, the noise contours would necessarily be different than those shown. As with the existing noise, railways must be included as a majo~ source of transportation noise. Since train noise masks roadway noise on Monterey Street, Figure 4-3 ca~ be referred to for LON contours adjusted for rai'lway noise near Monterey Street. The railroads have a slightly lower effect because of the increase of roadway noise in 1995. Railway traffic in 1995 was assumed to be the same as in the present. At the hospital which is a critical receptor of noise, 'the LbNs range from 55 dBA at 50 feet from Fifth Street to 63 dBA 50 feet from Sixth Street. (The hospital is approximately 100 feet from Sixth Street, bringing noise levels from that street to an LON of approximately 59 dBA at the hospital.) The levels given are for out-of-doors; interior noise levels will be 12-18 dBA depend- ing on building construction and whether windows are closed or open. IV. Planning Criteria and Noise Production Standards In planning for a desired community noise climate two types of considera- tions are important. First, due to existing noise sources which are essentially fixed (such as freeways and railroads) certain areas may be unsuitable for some types of land use. It is therefore desirable to establish criteria by which the planner may determine potentially acceptable land uses for a given site. Second, limits must be placed on the noise production of individual sources to ensure that noise levels within any given land use remain within a recommended range. . Specific noise .levels which may be employed as planni~g criteria and as noise production:!standards are presented in thi.s section. A. Ambient Land Use Planning Criteria In order to protect the acoustical environment appropriate to each land use class and activity type, the noise levels suitable to residential, commertcal and industrial uses are given in Tables 5-1 and 5-2. These criteria may be invoked for the fo 11 ow i ng pu rposes: 1. to determine the sui tabi 1 ity of lands to be developed considered as a receptor to \.,h i ch the standards app 1 y. 2. to determine the suitability of building types and proposed construction materials to be applied on t~e site. The criteria for Table 5-1 and Table 5-2 was developed with consideration of the Federal Environmerital Protection Agency's'fi"nding on noise levels required for uninterrupted sleep and speech, from statistics of hearing loss due to noise in the population at large, and from know- ledge of Gilroy's ambient noise levels. -3- - . , . e e Table 5-1, Ambient Land Use Planning Criteria Maximum Outdoor Noise Levels (dBA) Zone LON Industrial 58 65 7.6 Residential Commercial Table 5-2, Indoor Planning Criteria Maximum Indoor Noise Levels (dBA) Zone LON Residential 48 Commercia 1 61 Note: The indoor standards for Industrial land uses have been set by 'the Occupational Safety and Healttl Administration. The maximum level to be 'exceeded no more than 10% of the time (L10) is 65 dBAwhi!e the maximum level to be exceeded no more than 50% of the time (L50) is 60 dBA. Tables 5-1 & 5-2 - Jol,ij ~"-';..." ., '", ....~ ~.. ~._ ...k" .""_ ___~~.'~.,,'. :,~i""'~,,,"" ~~.''-...'::'.' ,""'--. -J'__.'....." ..~.....:.~....~"""'._"Co..-'-....-,. .~ ~.M-...'.~'''- -:-'. . ",-. ~.. e .e . .. ~..)~,.j. B. Noise Emission Standards The noise emission standards for construction equipment listed in Table 5-3 are applicable to the named source whether operated by individuals, companies, public agencies or other organizations. Table 5-4 shows State standards for motor vehicles operating on public roadways. In additions, the State has set standards for new vehicles at the time of sale. In addition to these specific standards, the following general standard should be met: No person shall be allowed to cause any noise to be emitted in any manner so as to create any noise which would cause the ambient noise ~;level to be increased by more than 5 dBA. The procedure for determintng if this standard is being violated is described in Section 6~4, entitled Enforcement of the Noise Ordinance. These standards may be invoked for the following purposes; 1. To regulate any noise source (other than aircraft and motor vehicles operating on public thoroughfares) which cause violation of the standards 2. to determine the suitability of land to be developed considered as a noise source with' nearby properties considered as receptors to which the standards apply. In the event that a noise standard is exceeded, various mitigating and abatement measures are avai.lable for implementation. These involve various levels of expense and effectiveness. A list of possible abatement measures appears on Table 5-5. Some of the more practical measures are discussed in more detail in Appendix A. It should be noted that some of the measures in Table 5-5 may be cost prohibitive; others may not provide the effectiveness required. Each particular noise problem will need to be dealt with individually by a competent acoustical analY5is firm in order for the suitable method to be chosen. In addition, most abatement measures, such as barriers and insulation need to be custom designed to meet the individual needs (in~terms of effective- ness) of the problem. v. - .nip'lementat i on " A program of noise abatement and control is needed to implement the standards and criteria which have been p'resented. The program which follows makes use of established City procedures and resources; three .sections of the implementation plan are distinguishable: Integrating noise review methodology in the Environmental Impact process and the 'Building Permit Application process; Providing for an updating of the noise element, ordinance and acoustic planning methodology when significant new land and transporta- tion developments have occurred or are about to occur or when experience in working with the existing framework for noise abatement suggest improvements; Establishment of a Noise Ordinance prescribing methods of determining compliance with standards and enforcing these standards. -4- , - "-";---~.""~-'.~-~"- ----''".~. .........-."^1~ #-..,-,- -. 6-_ -Table 5-3.-- Maximum Allowable Noise Levels From Construction Equipment Equipment. Peak Noise Level in dBA at 50 ft Earthmoving front loac:.er baCkhoes. dozers tractors . scrapers graders truck paver. Other saws vibrator . . 75 75 75 75 80 I 75 75 I 80 . , 75 75 75 75 75 75 75 95 75 80 80 75 75 - -- Ma tertals Handling concrete mixer concreteptlIllp crane derrick stationary pumps generators compressors I:::npact pile drivers jackhammers. rock drills pneumatic tools A. Administra~e Review Process e There are several existing administrative processes which can be used to abate noise: 1. Determination of need for an Environmental Impact Report for public and private projects 2. Design of scope of work for Environmental Impact Report 3. Inspection of building plans and issuance of a building permit B. Determi nati on of Need for an Envi r;onmenta 1 Impact Report In determining the need to produce an Environmental Impact Report pursuant to requirements of the California Environmental Quality Act (CEQA), the City staff should follow these guidelines for determining whether significant potential acoustic:impacts may arise from the project. These guidelines are derivative from the noise standards, noise ordinance and the applicability of CEQA to uphold local environmental standards. Significant acoustic impact may arise whenever any of the following hold within the planning time frame. (Usually between 2 and 20 years after construct ion.)' 1. Roadway Alteration or Construction: T~e guidelines which follow for determination of need for an environmental impact report in the event of roadway altera- tion or construction, provide a means for evaluating noise increases due to normal growth in traffic as well as those due to increased traffic attracted by the new roadway. a. If additional average daily traffic (ADT) in excess of 20% is generated by the project and normal growth over any roadway seglIlent where ne i ghbori,ng 1 and use is hosp ita 1, school, park, open space, residential, professional office or'commercial, where additional average daily truck traffic in excess of 10% is generated adjacent to the same land uses; or where roadway operating speeds will increase by more than 10 mph adjacent to the same land uses. b. If additional AOT in excess of 30% is generated over any roadway segment; or where additional average truck traffic in excess of 15% is generated by the project over any roadway segment; or where roadway operating speeds will increase by more than 20 mph over any roadway segment. c. I f add it i ona 1 'or new des i gn capaci ty in excess of 20% of existing ADT i~ generated by the project over any roadway segment whose neighboring land use is hospital, school, park, open space, residential, or if additional design capacity in excess of 30% ADT is generated, by the project adjacent to any land use. d. If other significant roadway operations are altered such as appreciable upward change in uphi 11 grade ~o iustained for linear distance of 100 meters); significant additional congestion where average speeds are already less than 20 mph, or if significant altered traffic contours of major traffic-carrying roadways (?-10,000 ADT). -5- .'..__. .c._.._'"__".___~,__._,..,.._~ .._..........-......=<~J'.. 2. Resident~al Developments a. If the development is greater than 40 dwelling units and meets one or more of~the following: 1} adds more than 10 percent to ADT on one or more adjacent roadways 2) i's adj acen t to a roadway of peak hour des i gn capac i ty or approved planned capacity greater than 1000 vehicles/hour 3) if the development has inter-unit walls (e.g. apart- ments, townhouses, condominiums). b. If the development is greater than 80 dwelling units. 3. Hospitals and Schools If the development provides for more than 50 new or additional beds or enrollment positions and either the facility adds more than 10 percent to theADT on one or more adjacent roadways or is adjacent to a roadway of peak hour design capacity greater than 1000 vehicles/hour. 4. P rofes s i ona I Off ice and Commerci a 1 If the development adds more than 10,000 square feet of leasable commercial or professional office space to land and adds more than 10 percent to the ADT on one or more adjacent roadways, any of which have peak hour design capacities greater than 1000 vehicles/hours. 5. Recreational or Sports Facilities If the development could generate peak arrivals or departures of more than 1000 vehicles/hour. 6. Other If the development introduces a new source os stationary noise or otherwise induces increased traffic levels, railroad activity or loudspeaker use such that the noise climate for' residential, hospital, school, park, commercial, professional or open space use may be materially modified. C. Design of Scope of Work for Environmental Impact Report If the project has been determined to require an environmental impact report by having met one of the conditions specified above, the environmental impact report shall include the follow- ing tasks as deemed appropriate: levell, Acoustic Analysis a. Heasure existing noise levels for at least two distinct sites appropriate to the time of day of sensitive activities for the nearby receptor land uses (including the project site itself). ' b. Predict future noise using a noise propagation model for the most noise sensitive times of day for each land use, and for build and no-build futures. The predictions shall consider topography, building locations, diffraction -6- ...,.._"_...~,-,,,,.......,~.....,..,,.....,._,~.....,.....~,=.~....-...- .t '.',...../..~~;;.;;..;._.'.~~~itll;-?'V"'''''_:~~-]lJ...",,,"';;,,,,,~ :~.:-:, -':~"Wl1..?'~;~~F~<";~~'l'- -":f" . .. .,. effects, microclimate, traffic conditions (including vehicle volume, speed and mix) and combinations of noise sources. Two future years shall be considered; 2 and 20 years after construction. c. Derive mitigating measures for abatin~ and reducing noise, including a consideration of ways of altering traffic volumes, other traffic operating characteristics, zoning, and a consideration of the use of noise barriers. In this sense the proposed project must be considered both as a noise receptor and a roise,producer. If the project has been determined to require an environmental impact report by having met two or more of the conditions specified in above sectiori, orif one condition is met with any traffic volume more than twice the threshold traffic volume sped fied, then the following tasks shall be included in the environmental impact report: level 2, Acoustic Analysis: a. Measure noise levels for at least five distinct locations appropriate to the time of day of noise sensitive activities for the nearby receptor land uses (including the project site itself). b.' Predict future noise using a noise propagation model for the most noise sensitive times of day for each land use, and for bu i 1 d and no-bu i 1 d futures. ' The pred i ct ion , shall consider topography, building locations, diffrac- tion effects, microclimate, traffic conditions (including vehicle volume, speed and mix) and combinations of noise sources. Two future years shall be considered; 2 and 20 years after construction. c. Derive mitigating measures for abating and reducing noise, including a consideratlon of ways of altering traffic volumes, other traffic operating characteristics, zoning. and a consideration of the use of noise barriers., In this sense the proposed project must be considered both as a noise receptor and a noise producer. Consider project alternatives specifically to mitigate acoustic impacts. Consider trade-offs of noise, air quality, traffic, water quality and other impaets in these mitigating actions and project alternatives. o. Implementing the California State Uniform Building Code Acoustical Clearances As an integral part of the building permit system, the following procedure is recommended for implementation by the City staff. Initiation of the program requires the City to appoint a member of the City staff to administer the acoustical review process which could include review of the noise elements of the Environ- mental Impact Statement. Hereafter, the term "City staff" is used to denote such an administrator. One of his functions is also to determine one or more companies qualified to perform acoustical analysis until such time as the City may have field measurements equipment, trained field personnel, and an operational noise propagation model. e . Step 1, Review for Adequacy of Data The City staff will review plans for proposed buildings which are subject to the provisions of the State Code, to insure adequate data has been submitted for an acoustical analysis to be performed. The data submitted must contain: a. Name, address and telephone number of project architect b. Project location and plan of final grading, including description and location of any noise abatement structures c. Plan view of entire project structure, showing distance from each perimeter wall to the property line d. Plans of each wall showing the height of each door and window with respect to final graQe e. Cross sections of walls and roof; additional cross sections for windows and doors and their connections to the rest of the structure f. Description of construction and insulation materials for all exterior walls, roof, doors, and windows, g. All acoustical data (or citations thereto) of which the applicant is aware concerning the acoustical characteristics of the vicinity of the proposed development or special characteristics of the proposed building materials Step 2, Acoustical Analysis After the City staff reviews the initial project description, and the above data, written notice will be given to the applicant indicating (a) the areas of insufficient data or (b) a statement that data needs are adequate and a list of approved acoustical consultants from whom the applicant may obtain services. The acoustical analysis will provide the data indicated in Appendix C. Note that two future noise forecast years are required. The acoustical analysis must be rendered for representative dwellings along each project boundary to assure that traffic or other externalSOurces which vary around the development perimeter are addressed. The acoustical analyst will certify compliance of plans with the State Code, or alternatively, lack of compliance, with recommended abatement measures. E. Adopt Noige Ordinance Various noise ordinances have been reviewed. The model ordinance developed by the California League 'of Cities appears to be the best approach for the City of Gilroy. It has been modified to accommodate Gilroy's particular needs in the area of noise control. This ordinance should be adopted .as part of the implementation process. VI. Updating of the Noise Element The noise element should be updated to account for current traffic levels, l~nd uses, and source characteristics whenever any of the following occur: -8- , ",/ /" e . , ~ A. The entire General Plan is updated. B. Major traffic additions or rearrangements exist compared to the base year of 1974. C. Major new industrial sources are introduced. D. Maj or ra i I traffic increases are made. E. 1980 is reached 0 r a populatIon of 30,000- At that time, the data base should be assessed, new forecasts made, the ord i nance reviewed and planning procedures updated. ",____,.______.~ 'Ji.\:;.....""___- ;..~..-;~.. . ....~:...,.,..-'.-...,. . k. _ .. ,,'~'.. .;; . . -9- .., .." .. ' --:--,~~"" -' -~~ ., "', - ., (j ~ I, SUSANNE E. STEIN~~TZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 76-1 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 5th day of January , 19~, at which meeting a quorum was present. IN WITNESS tVlIEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy, this 7th January , 19.-l.3.. day of /),~ / 1 . ' ,~'. (- // Il(~ (>11 Vi ({) City Clerk of the