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Ordinance 2007-15 , ,,,,, ORDINANCE NO. 2007-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING GILROY ZONING ORDINANCE SECTION 41, PERFORMANCE STANDARDS, TO INCORPORATE NOISE STANDARDS CONSISTENT WITH REQUIREMENTS OF THE GENERAL PLAN WHEREAS, the City of Gilroy ("City") submitted application Z 06-05 to amend Section 41 of the Gilroy Zoning Ordinance, entitled "Performance Standards," to incorporate noise standards consistent with requirements of the General Plan; and WHEREAS, application Z 06-05 proposes to add section 41.31, entitled "Specific Provisions - Noise," and section 41.41, entitled "Disaster and Utility Failures," to the Gilroy Zoning Ordinance; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Final Environmental Impact Report ("EIR") was prepared for the City of Gilroy General Plan Update and certified by the City Council on June 13, 2002, in compliance with CEQA; and the Council adopted CEQA findings and a Statement of Overriding Considerations in Resolution No. 2002-41, and adopted a mitigation/monitoring program; and WHEREAS, pursuant to CEQA Guideline 15168, no further environmental documentation is required for subsequent actions that are within the General Plan Update program and would have no effects beyond those studied in the Final EIR for the Update; and WHEREAS, Action 26.B of the General Plan Update calls for updating the Zoning Ordinance to include noise standards to implement the General Plan; and Ordinance No. 2007-15 \JH\695036.3 053007-04706089 WHEREAS, application Z 06-05 implements the General Plan Update, adding subsection 41.31 (a) "Definitions" and a table in subsection 41.31 (b) "Maximum outdoor noise levels," that sets outdoor noise levels for residential noise impacting residential property and commercial and industrial noise impacting residential property; and WHEREAS, the Planning Commission held a duly noticed public hearing on May 4, 2006, at which time the Planning Commission considered the public testimony, the staff report dated April 20, 2006 with pages 2 through 4 dated April 21, 2006 ("Staff Report"), and all other documentation related to application Z 06-05, and recommended that the City Council approve said application with modifications; and WHEREAS, on June 12, 2006, the City Council reviewed application Z06-05 and provided staff direction on the proposed noise ordinance amendments; and WHEREAS, from June 2006 until April 2007, the City held several study sessions and work groups with staff and the community to consider the proposed noise ordinance amendments; and WHEREAS, the City Council held the City Council held a duly noticed public hearing on May 21, 2007, at which time the City Council considered the public testimony, the Staff Report, a follow-up staff report dated May 14, 2007, and all other documentation related to application Z 06-05; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: Ordinance No. 2007-15 \JH\695036,3 053007-04706089 '",>' " , SECTION I The City Council hereby finds: A. The project is consistent with the intent of the goals and policies of the City's General Plan. B. The project allows for the regulation of unnecessary, excessive and unreasonable noise from fixed sources in the community. C. The project will simplify zoning enforcement efforts for nOIse generation by certain land uses in the City. D. There is no substantial evidence in the entire record that the project will cause specific impacts not studied and mitigated in the General Plan Update Final EIR. SECTION II Based on the above findings, zoning application Z 06-05 is hereby approved subject to the mitigation measures and CEQA findings set forth in Resolution No. 2002-41, and the mitigation monitoring program associated therewith. , and the Gilroy Zoning Ordinance is amended to read as set forth on Exhibit A, attached hereto and incorporated herein by this reference. SECTION III If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. Ordinance No. 2007-15 \JH\695036.3 053007-04706089 "<",, SECTION IV This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. PASSED AND ADOPTED this 6th day of August, 2007, by the following vote: AYES: COUNCILMEMBERS: BRACCO, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: GARTMAN ABSENT: COUNCILMEMBERS: CORREA, ARELLANO APPROVED: ~~r I -~ Ordinance No. 2007-15 \J H\695036 ,3 053007-04706089 EXHIBIT A -;"'" City of Gilroy ~ ~NING ORDINANCE SECTION 41 PERFORMANCE STANDARDS Section 41.10 Statement of Intent It is the intent of this Section of the Ordinance to provide general standards, which will protect the health, safety, and welfare of residents of the City of Gilroy from land uses, which would include any dangerous, injurious, noxious, or otherwise objectionable public nuisance. Section 41.20 General Provisions No land or building in any zoning district in the City shall be used or occupied in any manner so as to constitute any dangerous, injurious, noxious or otherwise objectionable public nuisance. This would include uses that would create objectionable nuisance because of fire, explosive or other hazard; noise or vibration; smoke, dust, odor or any other form of air pollution; glare, heat, cold, dampness; electrical disturbance; radioactivity; liquid or solid refuse and waste or any other form of water or soil pollution. The Planning Director may require written consent from adjacent property owners and/or residents prior to the approval of any project which may have the potential to create a nuisance. Section 41.30 Specific Provisions - Hazardous Material Storage Any storage of hazardous material listed in the City's adopted Hazardous Material Storage Ordinance shall require issuance of a Hazardous Materials Storage permit from the Fire Marshal prior to bringing such materials on to any commercial or industrial property. Section 41.31 Specific Provisions - Noise It shall be unlawful to generate noise within the City limits that exceed the limits established in this section of the Zoning Ordinance. (a) Definitions: (I) Decibel (dBA): A unit measuring the amplitude of sound or noise, weighted to the range of human hearing (A-weighting scale on a sound level meter). (2) Noise Level: Measurement of sound in decibels (dBA) obtained by using a sound level meter at slow response. (3) Sound Level Meter: An instrument comprised of a microphone. an amplifier, an output meter and frequency weighing networks, used for measuring sound levels in decibel (dBA) units. (4) LIO: During a noise measurement interval, the noise being measured may not exceed the limit more than ten percent (10%) ofthe time. 41-1 f!ll Maximum out~r noise levels: ~",# .Fi~Q_d source - outdoor mechanical equipment { i.e. pool, spa, air conditioning equip. etc.} The outside use of power tools, and yard & latlg~~;1.p_~l1&-equipment, etc., { including home garage vehicle repairs} Limited to the hours of7:00 am to 10:00 pm Pf9hjj:lit~y~e betweenJh~_hml!:'~QL 10:00 pm and 7:00 am ALSO SEE: Municipal Code Section 16.31 also applies: " ... any loud. boisterous, irritatinQ. penetratinQ. or unusual noise... which disturbs another in any residence... between the hours of 10:00 pm and 7:00 am of any day." is prohibited. Prohibited between the hours of : 10:00 pm and 7:00 am I. Pennitted noise levels in outdoor spaces if ALL of the following findings can be made: (a) That potential noise levels exceeding the General Plan standard. are generally limited to less than ten percent of the entire site; (b) That reasonably accepted sound attenuation measures have been incorporated into the proiect design; (c) That potential noise levels are part of the developer's disclosure to future residents; (d) That interior noise limits established by the General Plan are strictly maintained; and (e) Potential noise levels will not ieopardize the health, safety. and general welfare of the public. Fixed source mechanical equipment Maximum of 70 dBA rLlO 1 - measured at the residential property line Limited to the hours of7:00 am to 10:00 pm r same as the residential standard]. with a maximum of 70 dBA rLLQ] - measured at the residential property line Power tools & yard equipment [ outside use] Prohibited between the hours of : 10:00 pm and 7:00 am Power tools & equipment [inside use] Maximum of 70 dBA [LlO] - measured at the residential property line ALSO SEE: Municipal Code Section 16.31 also applies; " ... any loud. boisterous. irritatinQ, penetratinQ, or unusual noise... which disturbs another in any residence... between the hours of 10:00 pm and 7:00 am of any day." is prohibited. Prohibited between the hours of : 10:00 pm and 7:00 am 41-2 (c) Exceptions to t~xterior noise limits listed in subsectioIrT6) above: 1. Persons, equipment. vehicles, alanns or sirens utilized in essential activities necessary to preserve,protect or save lives or property from danger, loss, or harm. 2. Refuse & recycling collection vehicles when operating between the hours of 5:00 a.m. and 6:00 p.m. 3. Special events operating in compliance with an approved Special Events Permit. 4. City approved activities on public properties. Section 41.40 Enforcement The owner or operator of each land use to which performance standards apply shall be responsible for maintaining a continuing level of performance within limits set by the City Council. Initial and continued compliance with performance standards prescribed by the City Council is required of every use in the City and provisions for the enforcement of continued compliance with performance standards shall be invoked by the Planning Director against any use, ifthere are reasonable grounds to believe that performance standards are being violated by such use. When a violation is noticed, a report shall be forwarded to the Planning Commission for its consideration. Section 41.41 Disaster and Utility Failures The City Administrator or his designee may hold enforcement of this ordinance section in abeyance dming disasters and/or maior utility failures. Section 41.50 Planning Commission Action Upon receipt of the Planning Director's report on a violation of performance standards, the Planning Commission shall hold a public hearing to consider the matter. Upon a finding ofthe Planning Commission that a violation exists or that corrective action is necessary to prevent the occurrence or the recurrence of a violation, the operator of the violating facility shall be ordered to cease and desist; and all permits, zoning clearances or any other approvals for the operation shall be voided and terminated until such time as the corrective action is taken and such action approved by the Planning Commission. 41-3 .. ...."d I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2007-15 is an original ordinance, or a true and correct copy ofa city ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of August, 2007, at which meeting a quorum was present, and has been published or posted pursuant to law. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 4th day of October, 2007.