Resolution 1976-01
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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
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ATTEST. ' , .-i- .,.-
(?I 'itd&>1rnu), , Q~/ ~~>1/)~i'"
City Clerk
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RESOLUTION NO. 76-1
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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.
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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.
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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.
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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
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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
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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.
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-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).
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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
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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
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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:
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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.
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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
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City Clerk of the